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11.26.24 Town Council Regular Meeting PacketPage 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. 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. 1. Consider and act upon the minutes from the November 12, 2024, Town Council Work Session meeting. (MLS) 2. Consider and act upon the minutes from the November 12, 2024, Town Council Regular meeting. (MLS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, November 26, 2024 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon a resolution casting the Town of Prosper’s votes for the Denton County Central Appraisal District Board of Directors (DCAD). (MLS) 4. Consider and act upon approving the purchase of virtual server hardware upgrades for the currently deployed redundant virtual server clusters from SHI Inc. utilizing the Texas Department of Information Resources (DIR) Purchasing Contract for $183,995. (LJ) 5. Consider and act upon authorizing the Town Manager to execute an agreement between Vonage, Inc., and the Town of Prosper, Texas for cloud-hosted telephony services, utilizing the Omnia Partners contract for $279,270. (LJ) 6. Consider and act upon authoring the Town Manager to execute an agreement for additional equipment and services from Flock Inc. to include a Drone as First Responder (DFR) for $150,000. (DK) 7. Consider and act upon authorizing the Town Manager to execute a Service Agreement between Mobile Communications of America, Inc. (MCA), and the Town of Prosper regarding fire station alerting service and equipment support for $11,900. (SB) 8. Consider and act upon approving the purchase of two (2) 2025 Ford trucks from Silsbee Ford, utilizing the Interlocal Purchasing Systems (TIPS) Contract No. 210907 for $103,178. (HW) 9. Consider and act upon authorizing the Town Manager to execute an agreement with Child's Play Inc., for the purchase and installation of a shade structure for the Prairie Park playground for $71,987. (DB) 10. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding Competitive Sealed Bid No. 2024-33-B to Apex Landscape & Irrigation for Green Ribbon grant-funded landscape improvements to medians on US 380 between Lovers Lane and Mahard Pkwy in the amount of $1,776,432.60. (DB) 11. Consider and act upon approving the purchase of traffic signal-related items for the traffic signals on First Street at Artesia Boulevard and on Teel Parkway at Prairie Drive, from Consolidated Traffic Controls, Inc., utilizing the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program for $249,376. (PA) 12. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the Prosper Independent School District, and the Town of Prosper, Texas, related to the construction of the Legacy Drive Improvements for Prosper Middle School #7. (HW) 13. Consider and act upon an ordinance to amend Planned Development-59 on Twin Creeks Ranch, Phases 1-2, on 40.9± acres, to accommodate the reconfiguration of the wall and the landscaping between the subdivision and Frontier Parkway. (ZONE-24- 0011) (DH) 14. Consider and act upon a request for a Façade Plan for a Restaurant on Gates of Prosper, Phase 3, Block B, Lot 7, on 2.1± acres, located on the west side of Preston Road and 450± feet north of US Highway 380. (DEVAPP-24-0112) (DH) 15. 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 Page 2 Page 3 of 4 action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 16. Consider a resolution setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 684.88 acres of land generally located East of North Dallas Parkway, North of U.S. Highway 380, West of Preston Road, and South of West Prosper Trail. (CE) 17. Conduct a public hearing and consider and act upon a request to rezone 120.5± acres on Collin County School Land Survey 12, Abstract 147, Tract 45 from Planned Development-44 (Single Family & Retail) to a Planned Development with Single Family and Retail uses, located on the southeast corner of Legacy Drive and Frontier Parkway. (ZONE-24-0013) (DH) 18. Conduct a public hearing and consider and act upon a request to rezone 5.7± acres on George Horn Survey, Abstract 412, Tract 2 from Agricultural to Planned Development – Retail, located on the west side of Custer Road and 470± feet south of Frontier Drive. (ZONE-24-0017) (DH) 19. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2024-35-B to ANA Site Construction, LLC, related to the Upper Doe Branch Wastewater Line (Teel Parkway – PISD Stadium) project, for $5,492,167 and authorize $300,000 for construction phase contingencies. The total purchase order amount is $5,792,167. (PA) 20. Consider and act upon awarding RFP No. 2024-28-B for Stop Loss Insurance to QBE for the Town’s self-insurance fund, effective January 1, 2025, and authorizing the Town Manager to execute all documents for the same. (TL) 21. Consider and act upon the 2025 Prosper Town Council Regular meeting schedule. (MLS) 22. 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: Page 3 Page 4 of 4 Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with Article 3.19 of the Code of Ordinances, and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, law enforcement activities, and all matters incident and related thereto. Section 551.071: To consult with the Town Attorney regarding legal issues associated with irrigation and water supply contracts, 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, November 22, 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 -1073 at least 48 hours prior to the meeting time. Page 4 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:30 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Marcus E. Ray Deputy Mayor Pro-Tem Amy Bartley Councilmember Craig Andres Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director David Hoover, Development Services Director 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 the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with Article 3.19 of the Code of Ordinances, and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, law enforcement activities, and all matters incident and related thereto. Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. The Town Council recessed into Executive Session at 5:33 p.m. Reconvene into Work Session. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, November 12, 2024 Page 5 Item 1. Page 2 of 2 The Town Council reconvened into the Work Session at 6:20 p.m. No action was taken. Adjourn. The meeting was adjourned at 6:20 p.m. These minutes were approved on the 26th day of November 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 1. Page 1 of 6 ] Call to Order/ Roll Call. The meeting was called to order at 6:21 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Marcus E. Ray Deputy Mayor Pro-Tem Amy Bartley Councilmember Craig Andres Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Mary Ann Moon, EDC Executive Director Chris Landrum, Finance Director Whitney Rehm, Budget Officer & Grants Administrator David Hoover, Development Services Director Suzanne Porter, Planning Manager Hulon Webb, Engineering Director Leigh Johnson, IT Director Harold Keith, IT Manager Dan Baker, Parks & Recreation Director Carrie Jones, Public Works Director Todd Rice, Communications Director Doug Kowalski, Police Chief Aidan Daily, Police Crime Analyst Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Joshua Reeve with The Cause Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were led by Brownie Girl Scout Troop 5817. An nouncements of recent and upcoming events. Councilmember Reeves made the following announcements: Thank you to approximately the 428 participants that took part in this year’s Veteran’s Day 5K, 10K, and Fun Run. A special thank you to all the volunteers and those who helped make this a fun event for all. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, November 12, 2024 Page 7 Item 2. Page 2 of 6 The community is invited to the grand opening of Lakewood Park on Tuesday, November 19 at 10 am for the ribbon cutting ceremony. The ceremony will take place on the basketball court and is located at 621 S. Coit Road. Reminder that Town Hall Offices will be closed on Thursday, November 28 and Friday, November 29 for the Thanksgiving Holiday. Due to the holiday, residents whose trash service falls on Thursday or Friday will be delayed by one day. The special bulk drop off location at Public Works will also be closed on Saturday, November 30. The Prosper Community Library will close at 4:00 p.m. on Wednesday, November 27 and be closed on Thursday, November 28 through Saturday, November 30 for the Thanksgiving Holiday. The Prosper annual Christmas Festival will take place on Saturday, December 7 at Prosper Town Hall. Come experience the magic of Santa Claus in his Workshop, the Kids Christmas Shoppe, dazzling exhibits, Kids Fun Zone, Community Stage performances, carriage rides, live demonstrations, and food truck vendors. Also, don’t miss out on the Prosper Rotary Club Christmas Parade at 2:30 p.m., and the Tree Lighting with Mayor Bristol at 7:00 p.m. For more information visit the Special Events page through the Parks & Recreation Department. Mayor Bristol echoed his appreciation to all those who volunteered and supported the Veteran’s Day Honor Run. Presentations. 1. Proclamation recognizing November 18, 2024, as National Injury Prevention Day. (MLS) Mayor Bristol read and presented a Proclamation to members of the Cook Children’s Center for Community Health. 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. 2. Consider and act upon the minutes from the October 22, 2024, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes from the October 22, 2024, Town Council Regular meeting. (MLS) 4. Consider and act upon Resolution 2024-70 casting the Town of Prosper’s votes for the Collin County Central Appraisal District Board of Directors (CCAD). (MLS) 5. Consider and act upon Resolution 2024-71 accepting and approving the 2024 Tax Roll. (CL) 6. Consider and act upon Ordinance 2024-72 adding a new Section 12.05.039, “Prosper Trail,” to Division 2, “No-Parking Zones,” of Article 12.05, “Parking, Stopping and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Town’s Code of Ordinances generally prohibiting the parking, standing or stopping of vehicles along Prosper Trail, from the Dallas North Tollway to Custer Road. (TW) 7. Consider and act upon Ordinance 2024-73 repealing existing Section 12.01.003,”Engine (Jake) Brakes,” of Chapter 12, “Traffic and Vehicles,” of the Page 8 Item 2. Page 3 of 6 Town’s Code of Ordinances and replacing it with a new Section 12.01.003, “Engine (Jake) Brakes,” relative to the prohibition of engine or jake braking in the Town; and amending Article 12.01, “General Provisions,” of Chapter 12, “Traffic and Vehicles,” of the Town’s Code of Ordinances by adding a new Section 12.01.004, Motor Vehicle Idling,” generally relating to the prohibition of the idling of motor vehicles in the Town. (TW) 8. Consider and act upon approving the purchase of five (5) 2025 Ford trucks for Public Works from Silsbee Ford utilizing The Interlocal Purchasing Systems (TIPS) Contract No. 210907 for $356,820. (CJ) 9. Consider and act upon the purchase of one (1) Green Equipment Crawler Camera and one (1) John Deere 310P Tractor utilizing Sourcewell Contract Number 011723-JDC and BuyBoard Contract 676-22 totaling $233,128. (CJ) 10. Consider and act upon approving the purchase of meter transmission units (MTUs) for the use with water meters from Aclara Technologies, LLC, for $165,186. (CJ) 11. Consider and act upon approving an agreement with URETEK USA for repairs to the westbound lanes of Prosper Trail from Mike Howard Way to Dallas Pkwy for $283,500. (CJ) 12. Consider and act upon an annual fixed-price agreement for the purchase of Hydrogen Sulfide Odor Control Technology for the Town’s wastewater system, at the unit prices guaranteed, from Helix Laboratories, Inc., a sole source provider for $243,512. (CJ) 13. Consider and act upon approving the purchase from Axon Enterprise, Inc. for tasers and associated supplies utilizing BuyBoard Contract #698-23 for $70,742. (DK) 14. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between GEOTEX Engineering, and the Town of Prosper, Texas, related to construction materials testing for Fire Station 4 with a cost not to exceed $78,787. (SB) 15. Consider and authorize the purchase of an emergency stand-by generator for Fire Station No. 3 for $87,113. (CE) 16. Consider and act upon authorizing the Town Manager to execute an agreement with DAC, Inc. to upgrade fire and security systems for Fire Station No. 3 for $67,904. (CE) 17. Consider and act upon approving the renewal of an Enterprise License Agreement for term license software between Environmental Systems Research Institute, Inc., a sole source provider, and the Town of Prosper, Texas; and authorizing the Town Manager to execute an agreement for $142,029. (LJ) 18. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH) Page 9 Item 2. Page 4 of 6 Deputy Mayor Pro-Tem Bartley requested to pull item 18. Councilmember Andres left the dais. Deputy Mayor Pro-Tem Bartley motioned to approve consent agenda items 2 through 17. Mayor Pro-Tem Ray seconded the motion. Motion carried with a 6-0 vote. Item 18, Deputy Mayor Pro-Tem Bartley expressed concerns of the Site Plan being presented as a multi-tenant versus one large store, the types of landscape buffers that would be required, and making applicant aware of the Town’s landscape maintenance requirements. Mayor Bristol noted how parking ratios would be affected based on type of tenants. Deputy Mayor Pro-Tem Bartley made a motion to approve item 18. Councilmember Reeves seconded the motion. Motion carried with a 6-0 vote. Councilmember Andres returned to the dais. CITIZEN COMMENTS No comments were made. Items for Individual Consideration: 19. Consider an appeal to the requirements of the Town of Prosper Fence Regulations permitting alternate fence materials at 980 English Ivy. (CE) Mr. Ewings presented the item stating the Town’s current fence regulations, timeline of the request, and the requirements by the HOA. The property owner is seeking relief from these requirements and appealing to the Town Council to allow the alternate fence materials. Ms. East, property owner, stated her case to the Town Council noting the current sound of the traffic from her back yard. She stated she has an autistic child that is sensitive to sound and the screening helps aid in privacy, noise, and keeping trash out since she backs up to a major six-lane road. Ms. East noted her conversations with the HOA regarding a sound barrier that TxDOT will construct. However, due to the construction, there is no time frame on when this will occur. She is requesting an appeal to work on finding a temporary solution due to the location of her back yard and situation. Mayor Bristol noted the Town Council will take the request under consideration and advise at a later date. 20. Consider and act upon authorizing the Town Manager to enter into a second contract amendment with Republic Services to convert to once-a-week residential bulk pick-up and to approve a revised fee schedule effective February 1, 2025, adjusting commercial and residential prices for the twelve-month CPI change. (CL) Mr. Landrum presented the item providing an overview of the contract amendments including the service enhancements of adding bulk pick-up weekly versus monthly with no reduction in the Saturday drop-off services, changing the effective date to February, and cart replacement fees. Page 10 Item 2. Page 5 of 6 Mayor Bristol asked how many residential pick-ups are currently serviced and how many staff members work the Saturday bulk drop off. Mr. Landrum noted approximately 13,000 residences and Ms. Jones noted there are usually two (2) streets employees and one to two individuals from Republic. Mayor Pro-Tem Ray made a motion to authorize the Town Manager to enter into Contract Amendment No. 2 with Republic Waste Services enacting the contractually required adjustment for changes in CPI and increasing residential bulk pick up to weekly. Councilmember Hodges seconded the motion. Motion carried with a 6-1 vote, with Mayor Bristol voting in opposition. 21. Discuss and consider Town Council Subcommittee reports. (DFB) Downtown Advisory Committee: Councilmember Kern noted the committee is working on reestablishing goals, coordinating on a project with the EDC, are going to once a month meetings, and brainstorming ideas/potential projects. Community Engagement Committee: Deputy Mayor Pro-Tem Bartley noted the committee is evaluating events with the Parks Board for the 2025 year, looking to possibly hold a joint meeting with the Parks and Recreation Board, and brainstorming an ongoing website page to serve all volunteer opportunities within the Town. Capital Improvements Committee: Councilmember Reeves noted the committee discussed various projects including Raymond Community Park, Collin County grant funding opportunities, Prosper Trail screening/landscaping, median improvements, the needs assessment for the Police Department, and CMAR for the Parks and Public Works facility. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. No comments were made. 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 the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, law enforcement activities, and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with Article 3.19 of the Code of Ordinances, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:14 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 11 Item 2. Page 6 of 6 The Town Council reconvened into Regular Session at 8:40 p.m. Deputy Mayor Pro-Tem Bartley made a motion to authorize the Town Attorney to institute litigation pursuant to Chapter 54 of the Local Government Code for the property located at 215 W. Broadway in the Town, and to take all necessary actions incident and related thereto. Councilmember Kern seconded the motion. Motion carried unanimously. Deputy Mayor Pro-Tem Bartley made a motion to authorize the Town Manager to execute documentation for the purchase of Bryant’s First Addition, Block 3, Lots 3-6, pursuant to the terms discussed in closed session. Councilmember Reeves seconded the motion. Motion carried unanimously. Mayor Pro-Tem Ray left the dais. Deputy Mayor Pro-Tem Bartley made a motion to authorize the Town Manager to execute documentation for the purchase of a 0.0803 acre tract of land located on the south line of W. Broadway Street, pursuant to the terms discussed in closed session. Councilmember Andres seconded the motion. Motion carried with a 6-0 vote. Adjourn. The meeting was adjourned at 8:42 p.m. These minutes were approved on the 26th day of November 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 12 Item 2. Page 1 of 2 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Robyn Battle, Executive Director Re: Denton County Appraisal District (DCAD) Board of Directors Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a resolution casting the Town of Prosper’s votes for the Denton County Central Appraisal District Board of Directors (DCAD). Description of Agenda Item: The Texas Property Tax Code (TPTC) § 6.03 outlines the process for electing the District’s Board of Directors including the deadline dates for the election. In 2023, the Legislature increased the total number of directors from five (5) appointed and one non-voting tax assessor-collector director to nine (9) total directors. In November 2023, the Town Council cast all votes for David Johnson. Beginning January 1, 2024, the Board of Directors will include three (3) publicly elected directors and the five (5) appointed directors who are still elected by the taxing units participating in the Appraisal District. The Town Council may cast its votes (20 of 5,000) for one candidate or distribute the votes among any candidates listed. Since less than 1% of the vote is cast for one candidate, staff would encourage the Town Council to place all 20 votes for one candidate. There is also no provision for write-in candidates; therefore, the chief appraiser may not count votes for someone not listed on the official ballot. This year’s candidates include Rob Altman, Henry Benjamin III, Alex Buck, Vicki Byrd, Bryan Dodson, Jared Eutsler, Sean Frank, Mike Hennefer, Ray Martin, Ann Pomykal, Sandeep Sharma, Charles Stafford, Osiris Wade, Bruce Yeager, and David Terre. 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. TOWN SECRETARY Page 13 Item 3. Page 2 of 2 Attached Documents: 1. Resolution 2. DCAD Candidate List 3. DCAD Distribution of Votes 4. Denton County Commissioners Court Order Town Staff Recommendation: Town Staff recommends that the Town Council approve a resolution casting its votes for Rob Altman for the Denton Central Appraisal District Board of Directors (DCAD). Proposed Motion: I move to approve a resolution casting all twenty votes for Rob Altman for the Denton Central Appraisal District Board of Directors (DCAD). Page 14 Item 3. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CASTING ITS VOTES FOR THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Prosper is a member of the Denton Central Appraisal District; and WHEREAS, as a member of such organization, Prosper is entitled to nominate and vote on nominees for the Board of Directors; and WHEREAS, the Town of Prosper has twenty (20) votes to cast regarding the election of the Board of Directors; and WHEREAS, the Town of Prosper does hereby cast its vote by marking the ballot below: 20__ Rob Altman _____ Henry Benjamin III Alex Buck Vicki Byrd _____ Bryan Dodson _____ Jared Eutsler Sean Frank Mike Hennefer _____ Ray Martin Ann Pomykal _____ Sandeep Sharma Charles Stafford _____ Osiris Wade _____ Bruce Yeager David Terre THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 That the Council of the Town of Prosper, Texas does hereby confirm its twenty (20) votes for the election of the Board of Directors of the Denton County Central Appraisal District. SECTION 2 That this resolution shall become effective immediately upon approval. Page 15 Item 3. Resolution No. 2024-XX, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 26TH DAY OF NOVEMBER, 2024. David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrance S. Welch, Town Attorney Page 16 Item 3. TO:Denton County Taxing Units FROM:Don Spencer,Chief Appraiser DATE:October 23,2024 SUBJECT:Candidates to the Denton CAD Board of Directors Candidates to the Denton Central Appraisal District Board of Directors are listed below.The list is in alphabetical order by last name. Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser before December 15th.Since December 15th falls on a Sunday this year,this means resolutions must be received by close of business on Friday,December 13th.The Distribution of Votes for each voting unit is included with this letter.The unit may cast all its votes for one candidate or may distribute the votes among any number of candidates.When a voting unit casts its votes,it must cast the votes for a person that was nominated and is named on the ballot.There is no provision for write-in candidates.The Tax Code does not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot.The five nominees receiving the most votes will become members of the Denton CAD Board of Directors in January of 2025. The candidates nominated by the taxing units are: Candidate Nominating Unit 1.Rob Altman City of Frisco,City of The Colony,Denton County,City of Roanoke Town of Northlake 2.Henry Benjamin III Frisco ISD 3.Alex Buck City of Highland Village,Denton County,City of Lewisville,City of Southlake 4.Vicki Byrd City of Denton 5.Bryan Dodson Frisco ISD 6.Jared Eutsler City of Corinth 7.Sean Frank Frisco ISD 8.Mike Hennefer City of Carrollton,City of The Colony,Denton County,C-FB ISD 9.Ray Martin Town of Providence Village,City of The Colony,City of Corinth, City of Lewisville,City of Coppell,City of Southlake 10.Ann Pomykal Denton County,City of Lewisville,City of Southlake 11.Sandeep Sharma Town of Flower Mound 12.Charles Stafford Denton ISD,City of Denton,City of Southlake,Pilot Point ISD 13.Osiris Wade Frisco ISD 14.Bruce Yeager Ponder ISD 15.**David Terre Nominated by City of Denton Does not desire to be re-elected Bio sheets on each candidate have been requested and are being gathered.If you would like further information on one(or more)of the candidates,please contact Misty Baptiste she will forward those information sheets to you as soon as they are available. Since some of you may not be familiar with the process of selecting the Board,please do not hesitate to contact Misty Baptiste at (940)349-3977 or misty.baptiste@dentoncad.com for clarification and/or information. Page 17 Item 3. DENTON CENTRAL APPRAISAL DISTRICT 2024 DISTRIBUTION OF VOTES %OF TOTAL NUMBER JURISDICTIONS 2023 LEVY LEVIES OF VOTES SCHOOL DISTRICTS: S01 ARGYLE ISD 60,114,589.31 2.1028%105 S02 AUBREY ISD 34,321,369.54 1.2006%60 S03 CARROLLTON-FB ISD 59,321,215.50 2.0751%104 S04 CELINA ISD 3,146,365.81 0.1101%6 S05 DENTON ISD 363,897,514.29 12.7291%636 S15 ERA ISD 1,316.27 0.0000%1 S06 FRISCO ISD 185,710,323.80 6.4962%325 S07 KRUM ISD 22,973,409.13 0.8036%40 S08 LAKE DALLAS ISD 38,574,582.69 1.3493%67 S09 LEWISVILLE ISD 640,496,706.05 22.4046%1120 S10 LITTLE ELM ISD 99,672,541.66 3.4865%174 S11 NORTHWEST ISD 211,182,352.68 7.3872%369 S12 PILOT POINT ISD 12,242,011.09 0.4282%21 S13 PONDER ISD 16,192,375.42 0.5664%28 S17 PROSPER ISD 44,883,909.88 1.5700%79 S14 SANGER ISD 25,430,897.51 0.8896%44 S16 SLIDELL ISD 752,781.09 0.0263%1 SCHOOL DISTRICTS TOTALS $1,818,914,261.72)63.626%3182 G01 DENTON COUNTY $332,669,895.73)11.64%582 CITIES: C26 TOWN OF ARGYLE 4,743,192.10 0.1659%8 C01 CITY OF AUBREY 4,743,753.36 0.1659%8 C31 TOWN OF BARTONVILLE 1,098,332.46 0.0384%2 C02 CITY OF CARROLLTON 66,820,813.21 2.3374%117 C49 CITY OF CELINA 5,780,996.55 0.2022%10 C03 CITY OF THE COLONY 49,370,888.63 1.7270%86 C21 TOWN OF COPPELL 1,189,865.11 0.0416%2 C27 TOWN OF COPPER CANYON 1,486,063.82 0.0520%3 C04 CITY OF CORINTH 17,538,879.40 0.6135%31 C20 CITY OF DALLAS 17,277,441.44 0.6044%30 C05 CITY OF DENTON 107,856,823.32 3.7728%189 C42 CITY OF DISH 214,089.77 0.0075%1 C30 TOWN OF DOUBLE OAK 1,236,380.77 0.0432%2 C47 TOWN OF CORRAL CITY 19,122.17 0.0007%1 C07 TOWN OF FLOWER MOUND 59,647,226.67 2.0865%104 C36 CITY OF FORT WORTH 43,511,254.84 1.5220%75 C32 CITY OF FRISCO 77,125,010.53 2.6978%135 C39 CITY OF GRAPEVINE 353.40 0.0000%1 C22 TOWN OF HACKBERRY 215,931.00 0.0076%1 C38 CITY OF HASLET 4,273.59 0.0001%1 C19 TOWN OF HICKORY CREEK 2,513,775.76 0.0879%4 C08 CITY OF HIGHLAND VILLAGE 16,016,996.76 0.5603%28 C09 CITY OF JUSTIN 6,157,278.77 0.2154%10 C18 CITY OF KRUGERVILLE 1,306,852.91 0.0457%2 C10 CITY OF KRUM 4,569,621.33 0.1598%8 C11 CITY OF LAKE DALLAS 4,221,993.88 0.1477%7 C25 CITY OF LAKEWOOD VILLAGE 676,945.12 0.0237%1 C12 CITY OF LEWISVILLE 87,690,250.13 3.0674%153 C13 TOWN OF LITTLE ELM 45,921,404.02 1.6063%80 C45 CITY OF NEW FAIRVIEW 57,369.53 0.0020%1 C33 TOWN OF NORTHLAKE 8,206,500.28 0.2871%14 C24 CITY OF OAK POINT 4,480,417.82 0.1567%8 C14 CITY OF PILOT POINT 4,286,872.10 0.1500%8 C29 CITY OF PLANO 7,098,097.71 0.2483%11 C15 TOWN OF PONDER 2,180,652.92 0.0763%3 C48 CITY OF PROSPER 12,225,453.38 0.4276%20 C51 TOWN OF PROVIDENCE VILLAGE 5,459,672.92 0.1910%10 C17 CITY OF ROANOKE 11,368,927.41 0.3977%20 C16 CITY OF SANGER 8,914,071.23 0.3118%15 C34 TOWN OF SHADY SHORES 1,555,153.67 0.0544%2 C37 CITY OF SOUTHLAKE 824,974.30 0.0289%1 C28 CITY OF TROPHY CLUB 11,354,591.12 0.3972%20 C44 TOWN OF WESTLAKE 220,870.82 0.0077%1 CITY TOTAL $707,189,436.03)24.74%1236 TOTAL ALL JURISDICTIONS $2,858,773,593.48)100.00%5000 Page 18 Item 3. Page 19 Item 3. Page 20 Item 3. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of virtual server hardware upgrades for the currently deployed redundant virtual server clusters from SHI Inc. utilizing the Texas Department of Information Resources (DIR) Purchasing Contract for $183,995. Description of Agenda Item: In November 2017, the Town Council approved the purchase of a new virtual server cluster platform and associated Dell hardware. The current hardware is aging, and Dell will no longer extend the warranty on that equipment. Additionally, the storage capacity of the current cluster is insufficient for impending growth due primarily to video, security, and database storage. This purchase is to replace the Dell hardware with units produced by the cluster platform vendor, reducing vendor sprawl and ensuring active hardware warranty coverage. All equipment includes installation and technical support services, as well as five years of warranty coverage on the associated hardware and software. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal agreement with the Texas Comptroller of Public Accounts Cooperative Purchasing Program (formerly, Texas Building and Procurement Commission) on March 14, 2006. Participation in the program allows our local government to purchase goods and services through the cooperative contract, DIR contracts included while satisfying all competitive bidding requirements. Budget Impact: This item was included as a budget package in the FY25 approved budget. The total cost of the hardware and installation services is $183,995 and will be funded from 11014010-61500 Capital Expenditures-Technology. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. INFORMATION TECHNOLOGY Page 21 Item 4. Page 2 of 2 Attached Documents: 1. SHI Quote Town Staff Recommendation: Town Staff recommends that the Town Council approve the purchase of virtual server hardware upgrades for the currently deployed redundant virtual server clusters from SHI Inc., utilizing the Texas Department of Information Resources (DIR) Purchasing Contract for $183,995. Proposed Motion: I move to approve the purchase of virtual server hardware upgrades for the currently deployed redundant virtual server clusters from SHI Inc., utilizing the Texas Department of Information Resources (DIR) Purchasing Contract for $183,995. Page 22 Item 4. Page 23 Item 4. Page 24 Item 4. Page 25 Item 4. Page 26 Item 4. Page 27 Item 4. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute an agreement between Vonage, Inc., and the Town of Prosper, Texas for cloud-hosted telephony services, utilizing the Omnia Partners contract for $279,270. Description of Agenda Item: With the rise of teleconferencing platforms post-covid, it has become clear that Town staff is in need of a phone system that is not only more portable than the current system but also offers seamless integration with collaboration platforms like Microsoft Teams. The current PBX system is limited in its integration capabilities, and the I.T. department has been spending significant time resolving problems with the system as staff numbers increase. This agreement will facilitate migrating from the current legacy phone system to a cloud-based Unified Communications as a Service (UCaaS) telephony platform. Savings associated with cancelling the Town’s PRI phone lines and annual phone system maintenance (an estimated $37,500 annually) will subsidize a portion of the additional cost, and in the FY25 adopted budget, Council approved an increase in annual spending to accommodate the rest. Please note that the Town is exempt from sales and other taxes and is only required to pay the Federal Program Fee. This will result in a savings of $517.41, reducing the monthly total shown on the quote to $4,654.47 ($55,853.64 annually). Budget Impact: This item is included in the FY25 approved budget. The annual fee for the Vonage platform is $55,854 and the total cost of the five-year agreement is $279,270 and will be funded from Information Technology Account 11014010-56640. Subsequent annual expenditures will be subject to budget appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the agreement as to form and legality. INFORMATION TECHNOLOGY Page 28 Item 5. Page 2 of 2 Attached Documents: 1. Vonage order 2. Vonage Terms of Service 3. Legal Review Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute an agreement between Vonage, Inc., and the Town of Prosper, Texas for cloud-hosted telephony services, utilizing the Omnia Partners contract for $279,270. Proposed Motion: I move to approve authorizing the Town Manager to execute an agreement between Vonage, Inc., and the Town of Prosper, Texas for cloud-hosted telephony services, utilizing the Omnia Partners contract for $279,270. Page 29 Item 5. Sales Order Sales Order #:Q-1564794 Customer:Town of Prosper Customer Contact:Leigh Johnson Sales Order Valid for Customer Signature Until:Nov 30, 2024 at 11:59 pm (EST) Subscription Services Initial Term:5 Year Subscription Service Term Start Date:45 Days After Sales Order Acceptance Subscription Services Invoicing Frequency:Monthly Payment Terms:Due on receipt Sales Order Currency:USD Quote #Q-1564794 Account Executive Zachary Manzer zac.manzer@vonage.com Contact your Account Executive with any questions Included at no extra cost: The "Vonage Business Cloud" Mobile app! Call and text using your personal business number on-the-go, check voicemails, access paid add-ons and more. Available on the App Store and Google Play. Mobile data charges may apply. Name Address One time set up price Estimated monthly price Town Hall Primary 250 W 1ST ST PROSPER, TX 75078 US $ 8,000.00 $ 2,032.75 Town Hall 250 W 1ST ST, PROSPER, TX 75078 US Purchase order: One time set up price Product Quantity Unit price Subtotal Location Activation ^^1 $ 400.00 $ 400.00 ($ 400.00)Location Activation Discount Essential Onboarding User 310 $ 25.00 $ 7,750.00 VBC Custom Webinar Training Package ^^1 $ 350.00 $ 350.00 ($ 100.00)VBC Custom Webinar Training Package Discount Product total $ 8,000.00 Shipping Standard Shipping 217 $ 0.00 $ 0.00 Subtotal (excludes taxes)$ 8,000.00 Local - Sales Tax $ 0.00 Local - Crime Control District Tax $ 0.00 Page 30 Item 5. Monthly charge (upon activation) State - Sales Tax $ 0.00 Local - Fire District Tax $ 0.00 Total one time set up price $ 8,000.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^120 $ 8.49 $ 1,018.80 Personal Fax ^^120 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 120 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 HT802 ATA - 2 Port Analog Telephone Adapter - Rental ^^13 $ 1.49 $ 19.37 Local Paperless Fax ^^1 $ 7.99 $ 7.99 Yealink SIP-T46U with Power Supply - Rental ^^160 $ 0.00 $ 0.00 Yealink SIP-T33G w/ Power supply - Rental ^^37 $ 0.00 $ 0.00 Yealink EXP43 Expansion Module - Rental ^^3 $ 0.00 $ 0.00 Yealink CP965 Conference Phone - Rental ^^4 $ 14.99 $ 59.96 Fees Recovery Fee $ 423.50 Emergency Services Fee $ 118.80 Subtotal $ 1,648.43 Taxes Local - Sales Tax $ 18.46 Local - Crime Control District Tax $ 3.07 State - Sales Tax $ 109.51 State - E911 Equalization Surcharge $ 7.20 Federal - Federal Program Fee $ 193.01 Local - Fire District Tax $ 3.07 County - E-911 (VoIP Business)$ 50.00 Taxes total $ 384.32 Estimated monthly price $ 2,032.75 Page 31 Item 5. Public Library 200 S MAIN ST PROSPER, TX 75078 US $ 0.00 $ 134.13 Public Library 200 S MAIN ST, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^8 $ 8.49 $ 67.92 Personal Fax ^^8 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 8 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 31.50 Emergency Services Fee $ 7.92 Subtotal $ 107.35 Taxes Local - Sales Tax $ 1.17 Local - Crime Control District Tax $ 0.20 State - Sales Tax $ 7.19 State - E911 Equalization Surcharge $ 0.48 Federal - Federal Program Fee $ 13.54 Local - Fire District Tax $ 0.20 County - E-911 (VoIP Business)$ 4.00 Taxes total $ 26.78 Page 32 Item 5. EDC 121 W BROADWAY ST PROSPER, TX 75078 US $ 0.00 $ 53.14 EDC 121 W BROADWAY ST, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Estimated monthly price $ 134.13 Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^3 $ 8.49 $ 25.47 Personal Fax ^^3 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 3 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 14.00 Emergency Services Fee $ 2.97 Subtotal $ 42.45 Taxes Local - Sales Tax $ 0.45 Local - Crime Control District Tax $ 0.08 State - Sales Tax $ 2.86 State - E911 Equalization Surcharge $ 0.18 Federal - Federal Program Fee $ 5.54 Page 33 Item 5. PD 801 SAFETY WAY PROSPER, TX 75078 US $ 0.00 $ 1,041.21 PD 801 SAFETY WAY, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Local - Fire District Tax $ 0.08 County - E-911 (VoIP Business)$ 1.50 Taxes total $ 10.69 Estimated monthly price $ 53.14 Product Quantity Unit price Subtotal Location Activation ^^1 $ 400.00 $ 400.00 ($ 400.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^64 $ 8.49 $ 543.36 Personal Fax ^^64 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 64 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 227.50 Emergency Services Fee $ 63.36 Subtotal $ 834.23 Taxes Local - Sales Tax $ 9.17 Local - Crime Control District Tax $ 1.53 Page 34 Item 5. FD1 911 SAFETY WAY PROSPER, TX 75078 US $ 0.00 $ 798.22 FD1 911 SAFETY WAY, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) State - Sales Tax $ 55.62 State - E911 Equalization Surcharge $ 3.84 Federal - Federal Program Fee $ 103.29 Local - Fire District Tax $ 1.53 County - E-911 (VoIP Business)$ 32.00 Taxes total $ 206.98 Estimated monthly price $ 1,041.21 Product Quantity Unit price Subtotal Location Activation ^^1 $ 400.00 $ 400.00 ($ 400.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^49 $ 8.49 $ 416.01 Personal Fax ^^49 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 49 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 175.00 Emergency Services Fee $ 48.51 Subtotal $ 639.53 Page 35 Item 5. FD2 1140 S TEEL PKWY PROSPER, TX 75078 US $ 0.00 $ 264.11 FD2 1140 S TEEL PKWY, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Taxes Local - Sales Tax $ 7.01 Local - Crime Control District Tax $ 1.17 State - Sales Tax $ 42.65 State - E911 Equalization Surcharge $ 2.94 Federal - Federal Program Fee $ 79.25 Local - Fire District Tax $ 1.17 County - E-911 (VoIP Business)$ 24.50 Taxes total $ 158.69 Estimated monthly price $ 798.22 Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^15 $ 8.49 $ 127.35 Personal Fax ^^15 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 15 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Page 36 Item 5. FD3 1500 E 1ST ST PROSPER, TX 75078 US $ 0.00 $ 166.51 FD3 1500 E 1ST ST, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Recovery Fee $ 56.00 Emergency Services Fee $ 14.85 Subtotal $ 198.21 Taxes State - Sales Tax $ 13.24 State - E911 Equalization Surcharge $ 0.90 Federal - Federal Program Fee $ 24.76 County - E-911 (VoIP Business)$ 27.00 Taxes total $ 65.90 Estimated monthly price $ 264.11 Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^10 $ 8.49 $ 84.90 Personal Fax ^^10 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 10 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Page 37 Item 5. Parks Admin 409 E 1ST ST PROSPER, TX 75078 US $ 0.00 $ 198.91 Parks Admin 409 E 1ST ST, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Recovery Fee $ 38.50 Emergency Services Fee $ 9.90 Subtotal $ 133.31 Taxes Local - Sales Tax $ 1.45 Local - Crime Control District Tax $ 0.24 State - Sales Tax $ 8.92 State - E911 Equalization Surcharge $ 0.60 Federal - Federal Program Fee $ 16.75 Local - Fire District Tax $ 0.24 County - E-911 (VoIP Business)$ 5.00 Taxes total $ 33.20 Estimated monthly price $ 166.51 Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^12 $ 8.49 $ 101.88 Personal Fax ^^12 $ 0.00 $ 0.00 Page 38 Item 5. Parks Oper - Dylan 101 DYLAN DR PROSPER, TX 75078 US $ 0.00 $ 36.51 Parks Oper - Dylan 101 DYLAN DR, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) VBC Voice for Microsoft Teams 12 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 45.50 Emergency Services Fee $ 11.88 Subtotal $ 159.27 Taxes Local - Sales Tax $ 1.74 Local - Crime Control District Tax $ 0.29 State - Sales Tax $ 10.64 State - E911 Equalization Surcharge $ 0.72 Federal - Federal Program Fee $ 19.96 Local - Fire District Tax $ 0.29 County - E-911 (VoIP Business)$ 6.00 Taxes total $ 39.64 Estimated monthly price $ 198.91 Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Page 39 Item 5. Parks Oper - Ranch 3980 PROSPER TR PROSPER, TX 75078 US $ 0.00 $ 36.92 Parks Oper - Ranch 3980 PROSPER TR, PROSPER, TX 75078 US Purchase order: One time set up price Monthly charge (upon activation) Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^2 $ 8.49 $ 16.98 Personal Fax ^^2 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 2 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 10.50 Emergency Services Fee $ 1.98 Subtotal $ 29.47 Taxes State - Sales Tax $ 1.99 State - E911 Equalization Surcharge $ 0.12 Federal - Federal Program Fee $ 3.93 County - E-911 (VoIP Business)$ 1.00 Taxes total $ 7.04 Estimated monthly price $ 36.51 Product Quantity Unit price Subtotal Location Activation ^^1 $ 100.00 $ 100.00 ($ 100.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Page 40 Item 5. Public Works 601 W 5TH ST PROSPER, TX 75078 US $ 0.00 $ 409.47 Public Works 601 W 5TH ST, PROSPER, TX 75078 US Purchase order: One time set up price Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^2 $ 8.49 $ 16.98 Personal Fax ^^2 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 2 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 10.50 Emergency Services Fee $ 1.98 Subtotal $ 29.47 Taxes Local - Sales Tax $ 0.31 Local - Crime Control District Tax $ 0.05 State - Sales Tax $ 1.99 State - E911 Equalization Surcharge $ 0.12 Federal - Federal Program Fee $ 3.93 Local - Fire District Tax $ 0.05 County - E-911 (VoIP Business)$ 1.00 Taxes total $ 7.45 Estimated monthly price $ 36.92 Product Quantity Unit price Subtotal Location Activation ^^1 $ 400.00 $ 400.00 ($ 400.00)Location Activation Discount Product total $ 0.00 Subtotal (excludes taxes)$ 0.00 Page 41 Item 5. ^^ Discount pricing does not apply to add-ons, certain features, hardware, or one-time charges. Taxes, fees, customs and duty are not included. Please note: 1. Notwithstanding the then-current retention period (if any) for Customer Data; upon termination of the Agreement, Customer Data will be available to retrieve or download for a period of 30 days only. Thereafter, Vonage shall permanently delete all Customer Data. If termination occurs before the expiry of the then-current retention period (whether the standard inclusive period or extension to that period), no refund will be available to the Customer. 2. Payments are due in the currency and on the terms and frequency stated in this Sales Order. Monthly charge (upon activation) Estimated total (all locations)One time set up price Estimated monthly price $ 8,000.00 $ 5,171.88 Total one time set up price $ 0.00 Product Quantity Unit price Subtotal Local Company Number ^^1 $ 0.01 $ 0.01 Unlimited Extension ^^25 $ 8.49 $ 212.25 Personal Fax ^^25 $ 0.00 $ 0.00 VBC Voice for Microsoft Teams 25 $ 0.00 $ 0.00 Call Group ^^1 $ 0.00 $ 0.00 Fees Recovery Fee $ 91.00 Emergency Services Fee $ 24.75 Subtotal $ 328.01 Taxes Local - Sales Tax $ 3.59 Local - Crime Control District Tax $ 0.60 State - Sales Tax $ 21.89 State - E911 Equalization Surcharge $ 1.50 Federal - Federal Program Fee $ 40.78 Local - Fire District Tax $ 0.60 County - E-911 (VoIP Business)$ 12.50 Taxes total $ 81.46 Estimated monthly price $ 409.47 Page 42 Item 5. 3. Any applicable taxes and fees will be determined based on the laws and regulations of the applicable authority(ies) governing the provision of the Services and purchase of Vonage Equipment in the Country/Region/location provided by Customer on this Sales Order Validity and Authorized Signatures This Sales Order remains valid for acceptance by Customer until the Sales Order expiration date as detailed above. Upon Customer acceptance, this Sales Order constitutes the valid and binding agreement between Vonage and the Customer identified below to purchase and use the Vonage products and services specified in this Sales Order. This Sales Order, together with any terms or conditions set forth in any applicable amendment, addendum, exhibit or schedule to this Sales Order, is subject to and governed by the Terms of Service Agreement set forth at (the "TOS"), which include provisions relating to payment, service term, earlyhttps://www.vonage.com/legal/unified-communications/tos/global-vbc-tos/ termination, limitations of liability and emergency services, and which are hereby made part of and incorporated by this reference into this Sales Order. Any capitalized terms not otherwise defined in this Sales Order shall have the meaning ascribed to such terms in the TOS. The Person who has accepted this Sales Order as stated below warrants that they are authorized to accept this Sales Order and to acknowledge and accept the TOS. The authorized representative of Customer has accepted this Sales Order effective on the date below. Customer Information Name:Leigh Johnson Email Address:brian.gates@procureit.com Title:Administrator Accepted On: Page 43 Item 5. Page 44 Item 5. Page 45 Item 5. Page 46 Item 5. Page 47 Item 5. Page 48 Item 5. Page 49 Item 5. Page 50 Item 5. Page 51 Item 5. Page 52 Item 5. Page 53 Item 5. Page 54 Item 5. Page 55 Item 5. Page 56 Item 5. Page 57 Item 5. Page 58 Item 5. Page 59 Item 5. Page 60 Item 5. Page 61 Item 5. Page 62 Item 5. Page 63 Item 5. Page 64 Item 5. Page 65 Item 5. Page 66 Item 5. Page 67 Item 5. Page 68 Item 5. Page 69 Item 5. Page 70 Item 5. Page 71 Item 5. Page 72 Item 5. Page 73 Item 5. Page 74 Item 5. Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Flock Expansion Drone as First Responder (DFR) Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authoring the Town Manager to execute an agreement for additional equipment and services from Flock Inc. to include a Drone as First Responder (DFR) for $150,000. Description of Agenda Item: At the April 20 and June 11, 2024, Town Council Meetings, the Town Council approved the application submittals to the Motor Vehicle Crime Prevention Authority (MVCPA) for the FY24 and FY25 SB224 Catalytic Converter and Taskforce Grant programs. On October 16, 2024, the MVCPA awarded the Town of Prosper a total of $286,400 in awards related to the FY25 Taskforce Grant program, and the award was accepted in November 2024. In conjunction with the MVCPA grant application and Town Council approval of the FY25 Proposed budget, staff is seeking authorization to initiate a lease in the amount of $150,000 for DFR. Budget Impact: The cost of $150,000 is allocated in the FY25 Lease Payments account and will be supplemental equipment to the current leased items from Flock Inc. 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. Flock Safety Order Form/Agreement 2. Sole Source Letter Town Staff Recommendation: Town Staff recommends the Town Council approve authoring the Town Manager to execute an agreement for additional equipment and services from Flock Inc. to include a Drone as First Responder (DFR) for $150,000. POLICE DEPARTMENT Page 75 Item 6. Page 2 of 2 Proposed Motion: I move to approve authorizing the Town Manager to execute an agreement for additional equipment and services from Flock Inc. to include a Drone as First Responder (DFR) for $150,000. Page 76 Item 6. Flock Safety + TX - Prosper PD Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 MAIN CONTACT: James Allen james.allen@flocksafety.com (972) 561-6737 Page 77 Item 6. ORDER FORM This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: TX - Prosper PD Initial Term: 12 Months Legal Entity Name: TX - Prosper PD Renewal Term: 24 Months Accounts Payable Email: sbrewer@prospertx.gov Payment Terms: Net 30 Address: 101 S Main St Prosper, Texas 75078 Billing Frequency: Annual Plan - First Year Invoiced at Signing. Retention Period: 30 Days Hardware and Software Products Annual recurring amounts over subscription term Item Cost Quantity Total Flock Safety Platform $150,000.00 Flock Safety Drone Hardware and Services Flock Safety DFR 2.0 - 200ft - Included 1 Included Professional Services and One Time Purchases Subtotal Year 1: $150,000.00 Annual Recurring Subtotal: $150,000.00 Estimated Tax: $0.00 Contract Total: $150,000.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. Billing Schedule Billing Schedule Amount (USD) Year 1 At Contract Signing $150,000.00 One Time Fees Total Quantity Cost Item Page 78 Item 6. Annual Recurring after Year 1 $150,000.00 Contract Total $150,000.00 *Tax not included Page 79 Item 6. Product and Services Description Flock Safety Platform Items Product Description Flock Safety DFR 2.0 - 200ft - Drone as First Responder (DFR) 1.5 system, including hardware, software, and services. Hardware includes drone, camera, batteries, battery- swapping dock, 200ft ceiling with ADS-B. Software includes remote piloting, air traffic awareness, spectator view, mobile app, and community engagement dashboard. Services include FAA regulatory services, SOP development, training, and ongoing support. FlockOS Features & Description FlockOS Features Description Page 80 Item 6. By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: TX - Prosper PD By: By: Name: Name: Title: Title: Date: Date: PO Number: Page 81 Item 6. AGREEMENT FOR PROGRAM FOR DRONE RESPONSE SERVICES PG 1 PRODUCT ADDENDUM UNMANNED AIR SUPPORT AS A SERVICE (UASaaS) PROGRAM FOR DRONE RESPONSE SERVICES WHEREAS, Customer has determined that it is in the interests of public safety for it to have the ability to utilize unmanned drones during crisis incidents, public emergencies, and in certain public safety operations, to the extent permitted by law; WHEREAS, Flock is in the business of providing unmanned drone services (the unmanned drone services shall be considered part of the “Flock Services”) and Flock Hardware; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer and Flock agree as follows: 1. UNMANNED AIR SUPPORT GENERAL TERMS OF DELIVERY 1.1 Flock Services and Hardware. Flock shall provide access to Customer the Flock Services and related Flock Hardware (the “Flock Hardware”) listed on the Order Form upon the terms and conditions set forth in the Agreement. Flock maintains ownership of all the Flock Hardware. Each year, as specified in the Order Form, the Customer will be provided with a designated number of batteries. Customer may place an order for additional Flock Hardware (e.g., batteries prior to 500 complete charging cycles, hardware damaged due to Customer’s error, additional spares, etc.) at Flock’s then current list price, which will be made available to Customer upon request. 1.2 FAA Regulatory Waivers. Flock will assist Customer in acquiring any required Federal Aviation Administration (“FAA”) regulatory waivers. 1.3 Delivery. Flock shall make the Flock Hardware available to Customer at Customer’s delivery address set forth in the Order Form (“Delivery Point”). If for any reason Customer fails to accept delivery of the Flock Hardware by the date fixed pursuant to Flock's notice stating that the Flock Hardware is available at the Delivery Point: (i) Customer shall bear the risk of loss to the Flock Hardware; (ii) the Flock Hardware shall be deemed to have been delivered; and (iii) Flock, at its option, may store the Flock Hardware until collected by Customer, whereupon Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Once the Flock Hardware is made available as the Delivery Point, Customer is responsible for any resulting use of the Flock Hardware by all Authorized Users and all third-parties who may gain access to the same. 1.4 Pilot Services. Upon Customer’s request, Flock will make available an employee or independent contractor pilot (each a “Pilot”) to Customer for purposes of operating the Flock Hardware (hereafter the “Pilot Services”) at the pricing set forth in the Order Form. The Pilot Services shall be considered part of the Flock Services. When operating the Flock Hardware, the Pilot shall comply with the reasonable requests of Customer. Such Pilot Services may be used for up to forty (40) hours per week during the Term. Customer’s use of the Pilot Services shall not alleviate any of Customer’s obligations set forth herein. Customer shall provide Pilots with a safe working environment when on Customer’s premises. 2. LOSS AND DAMAGE OF FLOCK HARDWARE 2.1 Customer assumes and shall bear the entire risk of loss, damage to, theft or destruction of, all Flock Hardware. LOSS OR DAMAGE TO THE FLOCK HARDWARE, OR ANY PART OF IT, SHALL NOT Page 82 Item 6. AGREEMENT FOR PROGRAM FOR DRONE RESPONSE SERVICES PG 2 RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THE AGREEMENT. Customer’s obligations with respect to this Section shall commence upon delivery of the Flock Hardware. 2.2 Customer agrees to immediately notify Flock of any accident or event of loss or damage involving the Flock Hardware. The notification shall include any information as may be pertinent to Flock's investigation of such accident, loss, or damage, or which Flock may reasonably require. 3. FEES. The Order Form dictates the Flock Hardware, software, personnel, and Flock Services and the entire Flock Services corresponding fees. Customer shall pay the Fees as described on the Order Form. 4. TERM. The term of this Agreement commences on the Effective Date of this Agreement and continues until terminated as provided under this Agreement (the “Term”). Each Order Form shall commence and expire and/or terminate according to the terms set forth in such Order Form. On expiration or termination of the Agreement, all licenses provided hereunder by Flock shall immediately expire. 5. FLOCK DRONE IP. Customer Data does not include, and Flock Drone IP (defined herein) expressly includes, any data to the extent processed by, resulting as an output of, or based on the usage of, the Flock Services, Flock Hardware, including, without limitation, data collected by Flock’s radar and radio frequency sensors. Such Flock Drone IP shall be Flock’s Confidential Information. Flock shall own all rights to (i) any data input into the Flock Services, Flock Hardware by or on behalf of Flock (not including any Customer Data) and (ii) any aggregated and anonymized data extracted or derived from the Flock Services, or use of the Flock Hardware, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data, flight logs and flight history, telemetry data and logs, fleet information including drone serial numbers and models, connected device information including radar data concerning the surrounding airspace, and other aggregated and anonymized data collected from user data and files (collectively, “Flock Drone IP”). Without limiting the generality of the foregoing, Flock reserves the right to create and market public indexes, analysis or insights created from such data. Customer agrees that it will not share, sell, transfer, or make available any data generated by the Flock Hardware, including all Flock Drone IP to which it may have access, to any third party without the prior express written consent of Flock. Page 83 Item 6. AGREEMENT FOR PROGRAM FOR DRONE RESPONSE SERVICES PG 3 SCHEDULE A SERVICES Flock makes no warranties regarding the efficacy of the training detailed below. 1. AIRWORTHINESS TRAINING Flock will make commercially reasonable efforts to provide training for the Customer to maintain the airworthiness of its drones, including compliance-related trainings. Customer shall be responsible for ensuring that all crew, including pilot in command, visual observer, sensor or payload operator, or other persons necessary for the safe operation of the flight have the qualifications, experience, licenses, and certificates required by applicable FAA regulations and that all have the necessary skill required to perform their duties. After completion of training, Customer will be responsible for maintaining the airworthiness of drones to which Customer is responsible and the ensuring that the respective operations are in line with all applicable laws and regulations. The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer. 2. FLIGHT TRAINING Flock will assist the Customer in obtaining FAA BVLOS waivers and train the Customer on compliance matters related to such waivers. Flock will start with one deployment location at a time, and work up to the agreed upon number of deployment locations for all UAS. As part of the BVLOS process, Flock will provide training materials to the Customer to certify all employees of the Customers selected as Visual Observers (“VOs”) to help aid in BVLOS operations. Flock will provide training to officers on how to utilize the Flock IP. This will consist of: ● Showing how to access Flock on their respective internet devices ● Showing how to view a live stream through the application ● Showing how to control the drone using the application ● Showing how to report problems if they come across them on the application The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer. 3. FLOCK HARDWARE TRAINING There will also be training for the Customer to use the Flock Hardware. This training will consist of: ● Discussing maintenance list for the drone, and how to maintain airworthiness ● Teaching how to fly the drone autonomously using the Flock IP ● Teaching how to fly the drone manually using the remote controller Page 84 Item 6. AGREEMENT FOR PROGRAM FOR DRONE RESPONSE SERVICES PG 4 The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer. 4. DEPLOYMENT SUPPORT Flock will teach the Customer how to dispatch the Flock Hardware using the software for 911 calls. Only personnel authorized by Customer may have access to the livestream from the drone. They will also be taught on how to use Flock’s software to view said stream on any internet-connected device. Authorized personnel may have access to the Flock IP, which can convey the current status of the drone, and how to tell the drone to conduct additional maneuvers if needed. All operations must be conducted by a Pilot in Command (“PIC”), who is an FAA-certified pilot. Customer will provide the PICs needed to sustain this program. Flock will assist in drafting a Standard Operating Procedure (“SOP”) as well as department policies regarding access, deployments, privacy, and community engagement. Flock will ensure correct implementation of each Flock station and its included Flock Hardware which may or may not include the aircraft, on-prem servers, charging dock installations, radars, and more. Page 85 Item 6. AGREEMENT FOR PROGRAM FOR DRONE RESPONSE SERVICES PG 5 SCHEDULE B SPECIFICATIONS Customer must abide by the following standards: Operational: ● Per FAA regulations, and without the necessary waiver, a minimum of one pilot is required to operate each drone. ● Work with Flock to get BVLOS waivers for the city to fully use Flock’s product and services. ● Train members of the city to be VOs so that the Customer can have FAA-compliant and safe BVLOS operations (Flock will provide training material if needed). ● If Customer wants to connect Flock’s software to their Computer Aided Dispatch (“CAD”) system, Customer will provide access to said CAD system at no cost to Flock to location information and other pertinent information about calls-for-service as they are placed. ● Flock will provide their Flock software interface to command the Flock Hardware. Customer must independently access and store any personal information about calls-for-services other than their location and the type of response (police, fire, or EMS) they prompted. Customer shall be responsible to integrate with CAD software to pull location information and call type information of every call-for-service that the Customer decides the drone should be deployed to, so long as there are no monetary charges to Flock for said integration. Page 86 Item 6. October 23, 2024 2024 Sole Source Letter for Flock Safety® Public Safety Solutions Flock Safety Drone-as-First Responder (“DFR”) Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety® Drone- as-First Responder and the Flock Safety® Drone Dock. The Flock Safety® Drone-as-First Responder and the Flock Safety® Drone Dock are the only Law Enforcement Grade drone-as-a-first response and docking devices to offer the following combination of proprietary features: • A fully remote, fully automated, multi-station, multi-drone, DFR platform capable of providing air support • Improves safety by enabling a tele-operator to deploy a strategically positioned drone that can travel and arrive anywhere in the operational area within three (3) minutes • Video live feed enables quick observation to a wide variety of issues and provides enhanced situational awareness for case clearance • Designed to arrive on scene before patrol resources, which allows for a rapid response to high priority calls for service rendering it one of the most effective de-escalation tools • All flight details are logged and any pictures/recordings during the flight can be viewed and downloaded for proper chain of evidence procedures • Autonomous return and landing to Flock Safety® Drone IP55-rated docking station, which can withstand heat up to 120℉ and cold down to -5℉, as well as heavy rainfall and snow • Best-in-class 1880p video range and connectivity to ensure safe operations anywhere in a 3.5 NM radius from each station • Offers live and recorded video solutions, including hardware, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video • Fifty-five (55) minute maximum flight time, 400 ft maximum ceiling, a fifty-three (53) MPH maximum horizontal speed, 400X Blended optical zoom, a 640 x 512 radiometric thermal camera allowing for 32X thermal zoom, a 1.86 mile laser rangefinder, and night vision • Use data from all integrated interfaces, including computer-aided dispatch (“CAD”), gunshot detection systems, and automated license plate recognition (“ALPR”) systems • An all-in-one solution that includes all hardware (drone, payload), software, pilot, and permitting/waiver support • Performance monitoring software to predict potential failures and critical or minor issues. Page 87 Item 6. • Enables the use of the existing Real Time Crime Center (“RTCC”) team with no additional staffing • Ability to enhance situational awareness capacity by layering the Flock Safety® Drone feed onto the FlockOS® ESRI-based map and FlockOS®, the Flock Safety® public safety platform that unifies first and third-party data across LPR, video, and audio to deliver real-time intelligence • Flight logs are automatically updated in the system, ensuring transparency by providing accessible, redacted flight data for community members • Success metrics of the DFR program are displayed in real time on a public dashboard, illustrating its positive community impact through quantifiable results ● Partnerships o Flock Safety® is the only provider to officially partner with AXON to be natively and directly integrated into Evidence.com. o Flock Safety® is the only provider to be fully integrated into a dynamic network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon® cameras. o Access to additional cameras and other hardware purchased by Flock’s customers and partners means an ever-increasing amount of hardware usage and data at no additional cost. Flock Safety® LPR Video Camera Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety Condor™ PTZ video camera. Flock Safety Condor™ PTZ • Live and recorded video with remote PTZ controls ideal for open areas such as intersections or parks • Subscription-based live and recorded video solution, including hardware, cellular, installation, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set- up, installation, or up-keep • Improves safety with live and recorded video for enhanced situational awareness and case clearance The Flock Safety® LPR video camera listed above is the only Law Enforcement Grade LPR video camera to offer the following combination of proprietary features: • Vehicle Fingerprint Technology® o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) Page 88 Item 6. o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to “Save Search” based on description of vehicles using Flock’s patented Vehicle Fingerprint Technology® without the need for a license plate, and set up alerts based on vehicle description o Only LPR provider with “Visual Search,” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo • Integrated Cloud-Software & Hardware Platform o Best in class ability to capture and process up to 30,000 vehicles per day with a single device powered exclusively by solar power o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection o Utilizes motion capture to start and stop recording without the need for a reflective plate o Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc. o On device machine processing to limit LTE bandwidth consumption o All images and metadata is encrypted throughout its entire lifecycle from on- device to storage in Flock’s US-based CJIS-compliant cloud o Cloud storage of footage o Covert industrial design for minimizing visual pollution • Transparency & Ethical Product Design o One-of-a-kind “Transparency Portal,” a public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock Safety® system o Built-in integration with National Center for Missing & Exploited Children (“NCMEC”) to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to “opt-out” of being captured • Integrated Audio & Gunshot Detection o Ability to pair with Flock Safety Raven® audio detection device, which has natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) • Live Video Integration o Ability to apply computer vision to third-party cameras using the Flock Safety Wing® LPR video camera, transforming them into evidence capture devices Page 89 Item 6. using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras o Flock Safety Wing® Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents o Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (“AVL”) on Flock Safety Wing® suite o Ability to access live and recorded video using Flock Safety Condor™, a subscription video solution which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep. • Situational Awareness o FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® LPR video cameras, including Flock Safety Condor™ live streaming fixed and Flock Safety Condor™ PTZ video cameras, and the Flock Safety Raven® audio detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center o Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map o FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its’ direction of travel providing users with possible outcomes based on a confidence threshold • Warranty & Service: o Lifetime maintenance and support included in subscription price o Flock Safety® is the only fully integrated ALPR one-stop solution from production of the device to delivery and installation o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues • Partnerships o Flock Safety® is the only LPR provider to officially partner with Axon® to be natively and directly integrated into Evidence.com® o Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of Axon Fleet® 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon® cameras o Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost Page 90 Item 6. Thank you, Garrett Langley CEO, Flock Safety® Page 91 Item 6. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: Mobile Communications of America, Inc. (MCA) Service Agreement Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Service Agreement between Mobile Communications of America, Inc. (MCA), and the Town of Prosper regarding fire station alerting service and equipment support for $11,900. Description of Agenda Item: Mobile Communications of America, Inc. (MCA) is the incumbent service provider and authorized installer by Honeywell US Digital Designs-Honeywell Building Technologies for the station alerting utilized by Prosper Fire Rescue. The agreement is for one year with an auto-renewal option. Budget Impact: The annual cost of services is $11,900 and is funded in the FY25 budget. These services will be funded from account 12021022-56000. 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. Service Agreement Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Service Agreement between Mobile Communications of America, Inc. (MCA), and the Town of Prosper regarding fire station alerting service and equipment support for $11,900 Proposed Motion: I move to approve authorizing the Town Manager to execute a Service Agreement between Mobile Communications of America, Inc. (MCA), and the Town of Prosper regarding fire station alerting service and equipment support for $11,900 FIRE DEPARTMENT Page 92 Item 7. MCA Office: Effective Date:11/1/2024 Customer: Customer Address: End Date:Oct 31 2025 ("Initial Term") Monthly Price:$991.67 Annual Price:$11,900.00 (State/Local taxes NOT included ) Billing Frequency: Annual Signature:Signature: Name(print) & Title:Name(print) & Title: Date: Date: SERVICE: MCA will perform such repairs as may be required to restore Equipment to their normal operating level, provided that such repairs are necessitated by the failure of the Equipment due to normal usage. Non-fixed Equipment shall be serviced at an MCA shop during normal working hours. Travel charges and expenses incurred by MCA at the request of the Customer to resolve a malfunction of the Equipment that is not covered under this Agreement shall be billable to the Customer at current MCA rates. For emergency service or other service performed at Customer's request outside of normal working hours, for equipment not covered under this Agreement or for Equipment whose failure was due to causes not considered to be "normal usage," Customer will be billed for the service at the then current MCA rates for each occurrence. PREMIER SERVICE OPTION: If Customer has elected to purchase the Premier Service Option, emergency service is included at no additional charge per occurrence, provided that all other terms of this Agreement are satisfied. Emergency service is provided 24 hours per day, seven days per week. Customers not electing the Premier Service Option shall pay an additional charge for emergency service rendered at current MCA rates for each occurrence. UNSUPPORTED EQUIPMENT. From time to time manufacturers discontinue or cease to support equipment, which MCA cannot control . In the event that equipment covered by this by this contract is discontinued or no longer supported by the manufacturer ("Obsolete Equipment"), MCA's recommendation is that the Obsolete Equipment be replaced. In the event that Customer elects not to replace the Obsolete Equipment, MCA will provide its best efforts to repair and maintain the Obsolete Equipment but makes no guarantees or warranties that the Obsolete Equipment will continue to function as intended, or that firmware updates will be available to ensure that the Obsolete Equipment can communicate properly with other equipment in Customer's system. In the event MCA is unable to repair the Obsolete Equipment or the cost of repair in MCA's opinion makes repairing the equipment impractical, MCA will notify the Customer the equipment is non-repairable and remove it from the service agreement. PREVENTIVE MAINTENANCE: MCA will inspect the Equipment and make such repairs, adjustments, and replacements of parts and components as may be necessary to maintain the Equipment in normal operating condition provided that such services and maintenance are necessitated by normal usage of the Equipment. Inspections and preventive maintenance service will be provided by MCA during normal working hours at the locations specified. All preventive maintenance inspections will be scheduled for mutual convenience and may be TERMS AND CONDITIONS NORMAL WORKING HOURS: Normal working hours shall be from 8:00 AM to 5:00 PM, Monday through Friday, except holidays, in the time zone of the Customer location receiving the services. REPLACEMENT PARTS: MCA will replace parts and components of the Equipment on an exchange basis when failure is due to the normal and proper use of the Equipment. Parts or equipment exchanged back to MCA during maintenance service become the property of MCA. WHEREAS, the undersigned (collectivey, the "Parties" and each, individually, a "Party") desire to enter into this Agreement to set forth the terms and conditions for the services to be provided by MCA as it applies to maintenance service, parts and labor for the equipment and/or systems as described in Attachment A. Beginning on the effective date of this Agreement, MCA agrees to provide maintenance service to keep covered equipment in good working order. Summary of Services: By signing this Agreement, Customer agrees to accept maintenance service for the listed equipment, per Attachment A, according to the specified terms and conditions of the Agreement. Customer also agrees to provide full, free and safe access to the equipment and/or systems covered by this Agreement. Services provided hereunder do not assure uninterrupted operation of the Equipment or service and MCA is not responsible for failure to render covered service due to causes beyond its control. This Agreement is valid only if signed by an authorized representative or officer of MCA and Customer. ENTIRE AGREEMENT: This Agreement, together with the SOWs and any Attachments attached thereto, from time to time, sets forth the entire agreement and understanding between the Parties and supersedes all prior negotiations, agreements and understandings with respect to the subject matter of this Agreement. No representations, statements, or inducements, oral or written, not contained herein shall bind either Party. This Agreement may only be amended by a written document duly executed between the Parties. The Customer acknowledges that the Customer has read this entire Agreement, understands it, and agrees to be bound by its terms and conditions. Customer MCA SERVICE LEVEL AGREEMENT Arlington This Service Level Agreement (this “Agreement”) is entered into by and between Mobile Communications America, Inc. a Delaware corporation (“MCA”) and the entity listed below as Customer (referred to herein as, “Customer”) as of the effective date listed below. Prosper 911 Safety Way Prosper, TX 75078 Frank Vanderbilt COO 11/19/2024 Page 93 Item 7. performed during remedial service. LIMITATIONS: MCA reserves the right to inspect any equipment or service prior to its inclusion under the terms of this Agreement. MCA may at its sole discretion require that said equipment or system be restored to proper operating specifications at Customer's expense prior to its being covered under this Agreement. Should Equipment not meet specifications to provide service or MCA, at its sole discretion, declares Equipment to be unserviceable, MCA will provide an Exhibit outlining audit and test results. In such case, MCA’s sole responsibility is to remove such Equipment from the billing under this Agreement. MCA INSURANCE: MCA agrees to carry $1,000,000 per occurrence general liability insurance and applicable worker's compensation insurance. CUSTOMER INSURANCE: Customer shall maintain all necessary and appropriate policies of insurance in respect of its obligations under this Agreement. Comprehensive General Liability and Property Insurance for liability, casualty, fire, theft, and property damage under which Customer is named as insured and which shall on a primary and non-contributing basis cover any loss or damage MCA’s services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Customer assume all potential risk and damage that may arise by reason of failure of the equipment, or MCA’s services and that Customer will look to its own insurance carrier for any loss or assume the risk of loss. MCA shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Customer from insurance covering such loss or damage or for such loss or damage against which Customer is indemnified or insured. Customer and all those claiming rights under Customer waive all rights against MCA and its subcontractors for loss or damages caused by perils intended to be detected by MCA's services or covered by insurance to be obtained by Customer, except such rights as Customer or others may have to the proceeds of insurance. Customer on its behalf and any insurance carrier waives any right of subrogation Customer’s insurance carrier may otherwise have against MCA or MCA’s subcontractors arising out of this Agreement or the relation of the parties hereto. NO CHANGES: Except as previously described, no changes, alteration or modification of this Agreement may be made without the express written consent of both parties. ASSIGNMENT: Customer shall not assign in whole or in part this Agreement or any interest therein or any rights hereunder without the written consent of MCA, which shall not be unreasonably withheld or delayed. Any such assignment without consent shall be void. Notwithstanding the foregoing, MCA may assign this Agreement or any other agreement between the Parties, without consent in whole or in part, for the purposes of corporate reconstruction, reorganization, or analogous proceeding, or to (a) any affiliate; or (b) a third party in the event of a merger, recapitalization, conversion, consolidation, other business combination or sale of all or substantially all of the assets of MCA to such third party. GOVERNING LAW AND VENUE: This Agreement is governed by and construed in accordance with the laws of the State of South Carolina without regard to its rules governing conflicts of law. This Agreement shall be binding upon and inure to the benefit of each Party and its respective heirs, successors and assigns. Should any part of this Agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion, and such remaining portion shall remain in full force and effect. The Parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Spartanburg, South Carolina, and shall be the exclusive forum for resolving the dispute, controversy, or claim. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two (2) arbitrators shall choose a third (3rd) arbitrator and determine the third (3rd) arbitrator’s compensation. Each party shall have one (1) veto over the choice of the third (3rd) arbitrator. The three (3) arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator and shall pay half of the other costs of the WARRANTY: MCA warrants that it will perform the services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. EXCEPT FOR THE WARRANTY SET FORTH IN THIS PARAGRAPH, MCA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. PAYMENT: Payment shall be due and payable thirty (30) days from the date of invoice. Payment shall not be withheld on account of any claim by Customer against MCA. If Customer disputes any portion of a MCA invoice, Customer shall pay the undisputed portion when due and the Parties shall work to resolve the dispute within thirty (30) days. Nonpayment or delay in payment by Customer shall be considered a breach of the Agreement. If the financial condition of the Customer at any time does not, in MCA’s sole discretion, justify continuance of performance, MCA may require full or partial payment from the Customer in advance. In the event of bankruptcy or insolvency of the Customer, or in the event any proceedings are brought by or against the Customer under any bankruptcy or insolvency laws, MCA shall be entitled to cancel any Services then outstanding and shall receive reimbursement for any expenses incurred by it in connection with such cancellation and any applicable cancellation charges. TAXES: Applicable taxes will be billed to the Customer and the Customer hereby agrees to pay said taxes, unless the Customer has provided a current tax exemption certificate. CUSTOMER DEFAULT: Upon any default by Customer under this Agreement, including the refusal to accept conforming Services, MCA may exercise all remedies to which MCA may be entitled at law or in equity, including specific performance. Additionally, MCA may declare all sums due or to become due hereunder immediately due and payable, and MCA shall be entitled to recover all reasonable collection costs incurred, including legal interest. In addition, for non-disputed payments not received within thirty (30) days of the invoice date, a late fee not exceeding the lower of one and a half percent (1.5%) per month or the maximum rate allowed by law shall be assessed on any past due invoice balance. In the event of Customer’s default, MCA shall not be obligated to continue performing Services hereunder. Upon Customer default, MCA may at its sole discretion suspend or cancel any outstanding, unfulfilled Services of Customer under this Agreement. TERMINATION: Customer may, upon thirty (30) days’ written notice to MCA, terminate this Agreement for convenience, provided the Customer shall be liable for any third-party costs incurred and outstanding payments to MCA for maintenance services provided. With the exception of the Customer's liability for any and all payments outstanding under this Agreement, neither the Customer nor MCA shall retain any liability for any performance under this Agreement on any date following the expiration of this Agreement. COVENANT NOT TO SOLICIT: MCA expends considerable resources including money, time, training, etc. to properly train and educate its employees. MCA experiences considerable financial and other harm when its employees are recruited and hired by customers. Therefore, Customer agrees to not recruit or solicit any MCA employee during the term of this Agreement and for a period of two (2) years thereafter. In consideration of MCA performing its services under this Agreement, Customer acknowledges MCA’s damages in such event and agrees to pay as liquidated damages for breach of this Section a one-time payment equal to five hundred (500) times the then standard technician hourly billable rate, which is currently $200/hour. Customer expends considerable resources including money, time, training, etc. to properly train and educate its employees. Customer experiences considerable financial and other harm when its employees are recruited and hired by vendors. Therefore, MCA agrees to not recruit or solicit any Customer employee during the term of this Agreement and for a period of two (2) years thereafter. MCA acknowledges Customer's damages in such event and agrees to pay as liquidated damages for breach of this Section a one-time payment equal to five hundred (500) times the then MCA’s standard technician hourly billable rate, which is currently $200/hour. EXCLUDED SERVICES: The following services are not included under the terms of this Agreement. The repair of Equipment, replacement of parts, or any additional service labor due to accident, abuse, disaster, neglect, misuse, physical damage, liquid damage, damage by lightning or other Acts of God, service by personnel other than those authorized by MCA, alterations, modifications, attachments, accessories (other than those specifically designed for use with the particular piece of Equipment), use of Equipment with unauthorized batteries and/or power supplies or reprogramming by other than MCA personnel. Travel charges and expenses incurred by MCA at the request of the Customer to resolve a malfunction of equipment or systems not covered under this Agreement shall be billable to the Customer at current MCA rates. If MCA finds that any Equipment has been altered or repaired by others, such Equipment shall not be covered by this Agreement and any services shall be billable to the Customer at current MCA rates. RENEWALS: After the Initial Term, this Agreement shall automatically renew for additional one-year periods, with an annual price increase of 5%, unless Customer provides a notice of termination at least thirty (30) days prior to expiration of the then-current Term. Page 94 Item 7. Repair Qty 24 x7 Coverage Annual PM 3 2 62All apparatus troubleshooting. Control Station USDD at Stations USDD Servers Repeater Console Consolettes PCR Portable Public Safety Mobile PCR Mobile Equipment and Coverage Details - Attachment A MCA Services Annual Firmware Update Public Safety Portable secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator and shall pay half of the other costs of the arbitration proceeding. The award or decision of the arbitrator shall state the reasons upon which the award or decision is based and shall be final and binding upon the Parties. The prevailing Party shall be entitled to compensation for the expense of the arbitration, including, but not limited to, the award of attorneys’ fees, at the discretion of the arbitrator. The award shall be enforceable before any court of competent jurisdiction upon the application to such court by either Party. Each Party irrevocably and unconditionally waives any right to a trial by jury in respect to any legal action arising from this Agreement or any other agreement between the Parties. EXCULPATORY CLAUSE: Both Parties agree that MCA is not an insurer, and no insurance coverage is offered herein. The equipment and MCA’s services are designed to detect and reduce certain risks of loss, though MCA does not guarantee that no loss or damage will occur. No equipment provided by MCA is represented to be medical grade, FDA approved, or intended for use by a healthcare professional or healthcare facility or to diagnose, treat, cure or prevent disease or medical condition unless explicitly stated in the SOW and no equipment or services are intended to diagnose, treat, cure, prevent, mitigate or minimize the likelihood of communicable disease, infectious agent, bacteria, virus or illness. MCA is not assuming liability, and, therefore, Customer agrees MCA shall not be liable to Customer or any other third party, and Customer covenants not to sue MCA, for any loss, economic or non-economic, business loss or interruption, consequential damages, in contract or tort, data corruption or inability to retrieve data, personal injury, health condition or property damage sustained by Customer or others as a result of equipment failure, human error, burglary, theft, hold-up, fire, smoke, water, any communicable disease, infectious agent, bacteria, virus, illness or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by MCA’s breach of contract, negligent performance to any degree in furtherance of this Agreement , any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this Agreement or any other legal duty, except for gross negligence and willful misconduct. LIMITATION OF LIABILITY: MCA SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT OR SYSTEMS OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE LIABILITY OF MCA WITH RESPECT TO ANY OF ITS OBLIGATIONS HEREUNDER, INCLUDING SERVICE, SALE, DELIVERY, RESALE, INSTALLATION OR THE TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY ITEM COVERED BY OR FURNISHED HEREUNDER, WHETHER SUCH LIABILITIES ARE FOUNDED IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID TO MCA WITH RESPECT TO THE SERVICE GIVING RISE TO THE CLAIM. NO ACTION SHALL BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION EXCEPT FOR MONEY DUE UPON OPEN ACCOUNT. INDEMNIFICATION: Intentionally Omitted ATTORNEYS’ FEES: Should any dispute arise between the parties regarding the interpretation, application, effect or enforcement of the Agreement, the prevailing party in any legal or arbitration proceedings commenced to resolve the dispute shall be entitled to costs and reasonable attorney's fees incurred in said legal proceeding. NOTICES: All notices given by one party to the other under this Agreement must be delivered by: (a) hand delivery, (b) certified mail, return receipt requested, (c) nationally recognized overnight courier service, or (d) facsimile, to the other party’s respective address given in the preamble to the Agreement. SEVERABILITY: If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the rest of this COUNTERPARTS: The Agreement may be executed in counterparts, which together constitute one and the same agreement. A facsimile copy or computer image, such as a PDF or tiff image, of a signature shall be treated as and shall have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of the Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Page 95 Item 7. Special Instructions N/A N/A MCA Repair Service MCA 24 x 7 Coverage For apparatus electronics, MCA offers weekday support from Monday through Friday, 8:00 AM to 5:00 PM. This service includes troubleshooting, diagnosing, and resolving basic electrical issues, such as handling blown fuses, crimped wires, and installing battery chargers on all apparatus. Connections to KNOX systems, mobile equipment, lights, and sirens are also supported within this service, which includes up to four mobile equipment installations annually. Parts required for these repairs are not included in the service agreement. MCA limits this support to a maximum of six service calls per year and excludes radio preventive maintenance, radio repairs, and software upgrades. MCA provides comprehensive 24x7 support with a 4- hour response window for labor on all USDD Station Alerting equipment in the Phoenix G2 system, including two servers. This USDD equipment is fully covered under a dedicated agreement directly between Honeywell and Prosper Fire Rescue, including any necessary repairs or equipment swaps. MCA Annual PM MCA Annual Firmware Update Other MCA Services Three Fire Station locations are covered. Exact number of items covered for apparatus troubleshooting is an estimate. See Statements of work. Statements of Work - Attachment B Page 96 Item 7. 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: Purchase of Two (2) Replacement Trucks from Silsbee Ford Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of two (2) 2025 Ford trucks from Silsbee Ford, utilizing the Interlocal Purchasing Systems (TIPS) Contract No. 210907 for $103,178. Description of Agenda Item: In the FY 2025 annual budget, the Town Council approved VERF replacements for vehicles in the Engineering Services Department. This item requests approval for the purchase of two (2) F150 pickup trucks for the Construction Inspections Division. The existing trucks being replaced are both 2017 Chevrolet Silverado 1500 4X4 double cabs. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper previously entered into an interlocal agreement with TIPS Contract 210907. Participation in the cooperative purchasing program allows our local government to purchase goods and services through the cooperative program, while satisfying all competitive bidding requirements. Budget Impact: The cost for the purchase of the two (2) 2025 Ford trucks is $103,177.50 and the funding source is Account No. 61050710-61450. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the attached documents as to form and legality. Attached Documents: 1. Quote – Silsbee Ford ENGINEERING SERVICES Page 97 Item 8. page 2 of 2 Town Staff Recommendation: Town Staff recommends that the Town Council approve the purchase of two (2) 2025 Ford trucks from Silsbee Ford, utilizing the Interlocal Purchasing Systems (TIPS) Contract No. 210907 for $103,178. Proposed Motion: I move to approve the purchase of two (2) 2025 Ford trucks from Silsbee Ford, utilizing the Interlocal Purchasing Systems (TIPS) Contract No. 210907 for $103,178. Page 98 Item 8. Prepared by: Phone: Email: Date: A.30 42,715.00$ B. Factory Options Code Bid Price Code Bid Price X1L 6,095.00$ -$ YZ -$ -$ AS -$ 18B 250.00$ 998 1,660.00$ 53T 785.00$ 101A -$ -$ -$ -$ 8,790.00$ (439.50)$ C. Unpublished Options Bid Price Bid Price -$ D. Floor Plan Interest (for in-stock and/or equipped vehicles): -$ E. Lot Insurance (for in-stock and/or equipped vehicles): -$ F. Contract Price Adjustment:-$ G. Additional Delivery Charge:299 miles 523.25$ H. Subtotal:51,588.75$ I. Quantity Ordered 2 x H = 103,177.50$ J. Trade in:-$ K. Total Purchase Price 103,177.50$ VINYL FLOORING POWER EQUIPMENT GROUP Options Total of C. Unpublished Options: REFERENCE 5902, 5903 PUBLIC WORKS PRODUCT PRICING SUMMARY A. Base Price: REVERSE SENSING PLATFORM RUNNING BOARDS TOW HAUL PACKAGE Description Description TIPS USA 210907 AUTOMOBILES EXTERIOR WHITE CRUISE STEPHANIE MAYS 972.569.1028 3.5L V6 ECOBOOST TURBO Product Description: Total of B. Published Options: BLUETOOTH Published Option Discount (5%) INTERIOR GRAY VINYL VENDOR- Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 TOWN OF PROSPEREnd User: Contact: Email: Description 2025 F150 SUPERCAB 4X4 6.5' BED MID LEVEL PKG RHYDER.COWBOYFLEET@GMAIL.COM 409.300.1385 RICHARD HYDER November 15, 2024 SMAYS@PROSPERTX.GOV Bid Item: FORD F150 SUPERCAB Page 99 Item 8. Search A L L V E N D O R SALL C O N T R A C T SSIGN U PSECURITY/S A F E T YDISASTER R E L I E FELECTRIC P O W E R H O M E C O N T R A C T S M E M B E R S H I P V E N D O R S E D G A R & F E D E R A L C O M P L I A N C E P A R T N E R S H I P S A B O U T U S A w a r d e d V e n d o r s f o r C o n t r a c t 2 1 0 9 0 7(A u t o m o b i l e s ) B O S W E L L E L L I F F F O R D L T B O S W E L L L L C E a n d J A u t o S a l e s I n c S i l s b e e F l e e t (4 l o c a t i o n s ) 1 .S i l s b e e F o r d 2 .S i l s b e e T o y o t a 3 .L a k e C o u n t r y C h e v r o l e t 4 .D o n a l s o n C D J R , L L C C o p y r i g h t 2 0 0 5 -2 0 2 1 T h e I n t e r l o c a l P u r c h a s i n g S y s t e m | L e a d a g e n c y R e g i o n 8 E S C Page 100 Item 8. Search A L L V E N D O R SALL C O N T R A C T SSIGN U PSECURITY/S A F E T YDISASTER R E L I E FELECTRIC P O W E R H O M E C O N T R A C T S M E M B E R S H I P V E N D O R S E D G A R & F E D E R A L C O M P L I A N C E P A R T N E R S H I P S A B O U T U S E M A I L P O & V E N D O R Q U O T E T O : T I P S P O @ T I P S -U S A .C O M P O M U S T R E F E R E N C E V E N D O R T I P S C O N T R A C T N U M B E R AT TA C H P O A S A P D F - O N LY O N E P O (W I T H Q U O T E ) P E R AT TA C H M E N T. N o t i c e : M a n y Ve n d o r s u t i l i z e s p e c i f i c w a r r a n t i e s , s u b s c r i p t i o n a g r e e m e n t s , l i c e n s e a g r e e m e n t s , E U L A’s , e t c . (“S u p p l e m e n t a l A g r e e m e n t s ”) w h e n y o u p u r c h a s e s p e c i f i c g o o d s o r s e r v i c e s f r o m t h a t Ve n d o r. S i n c e t h e S u p p l e m e n t a l A g r e e m e n t s d o n o t n e c e s s a r i l y a p p l y t o e v e r y M e m b e r, e v e r y j u r i s d i c t i o n , o r e v e r y p u r c h a s e , T I P S d o e s N O T n o w n e g o t i a t e t h e t e r m s o f t h o s e a g r e e m e n t s o n M e m b e r s ’ b e h a l f . I f y o u a r e r e q u i r e d t o s i g n s u c h a s u p p l e m e n t a r y a g r e e m e n t b y t h e T I P S Ve n d o r, T I P S s t r o n g l y e n c o u r a g e s M e m b e r s n o t t o p r o c e e d w i t h a p u r c h a s e u n t i l t h e y h a v e c a r e f u l l y r e v i e w e d a n d n e g o t i a t e d a l l a p p l i c a b l e S u p p l e m e n t a l A g r e e m e n t s . T I P S r e c o m m e n d s y o u w o r k w i t h y o u r e n t i t y ’s l e g a l c o u n s e l t o e n s u r e c o m p l i a n c e w i t h t h e l e g a l r e q u i r e m e n t s o f y o u r e n t i t y a n d y o u r j u r i s d i c t i o n . T I P S P u r c h a s e O r d e r P r o c e d u r e h e r e C o p y r i g h t 2 0 0 5 -2 0 2 1 T h e I n t e r l o c a l P u r c h a s i n g S y s t e m | L e a d a g e n c y R e g i o n 8 E S C P r i n t V E N D O R S i l s b e e F l e e t (4 l o c a t i o n s ) 1 .S i l s b e e F o r d 2 .S i l s b e e To y o t a 3 .L a k e C o u n t r y C h e v r o l e t 4 .D o n a l s o n C D J R , L L C 1 2 11 U S H I G H WAY 9 6 N . S I L S B E E T E X A S ,7 7 6 5 6 W E B S I T E s i l s b e e f l e e t .c o m S E R V I C E /P R O D U C T S D E S C R I P T I O N S I L S B E E F L E E T (S I L S B E E T O Y O TA ) C O N T R A C T: 2 1 0 9 0 7 A u t o m o b i l e s E n d D a t e : N o v -3 0 -2 0 2 4 E D G A R C O M P L I A N C E : V i e w D o c . O V E R V I E W D U E D I L I G E N C E C O N T A C T S P R I N T P R O F I L E Page 101 Item 8. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Shade Structure for Prairie Park Playground Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute an agreement with Child’s Play Inc., for the purchase and installation of a shade structure for the Prairie Park playground for $71,987. Description of Agenda Item: The Parks Department is working to purchase and install large shade structures at selected playgrounds based on the staff’s assessment of need. The three playgrounds selected currently provide little or no shade which is consistent with Prosper’s older park playgrounds. Providing better shade will make the playground safer for use during the hot weather months. It will also extend the life of plastic playground components by reducing the amount of direct ultraviolet light on the equipment. These items are available through Buyboard Cooperative Contract 679- 22. Playground shade structures were funded in the current fiscal year budget for Prairie Park as well as Preston Lakes Park and Pecan Grove Park. Adding shade to playgrounds ranked #7 on the Parks, Recreation, and Open Space Master Plan Survey that was distributed to the residents earlier this year. Budget Impact: The total cost of the shade structure including full installation is $71,987. Funding for this contract is available in project account PK202515. Attached Documents: 1. Quote from Child’s Play, Inc. Town Staff Recommendation: Town Staff recommends the Town Council authorize the Town Manager to execute an agreement with Child’s Play Inc., for the purchase and installation of a shade structure for the Prairie Park playground for $71,987. PARKS AND RECREATION DEPARTMENT Page 102 Item 9. Page 2 of 2 Proposed Motion: I move to approve authorizing the Town Manager to execute an agreement with Child’s Play Inc., for the purchase and installation of a shade structure for the Prairie Park playground for $71,987. Page 103 Item 9. ADDRESS Town of Prosper Prairie Park 407 E. Main Street Prosper, TX 75078 SHIP TO Town of Prosper Prairie Park 2861 Cannon Dr. Prosper, TX 75078 QUOTE #DATE EXPIRATION DATE 24-4468 04/17/2024 05/31/2024 PROJECT SALES REP Shade Canopy JS DESCRIPTION QTY PRICE EACH AMOUNT Buyboard This is a Buyboard Purchasing Cooperative Quote. Pricing reflects Buyboard discounts as listed under Contract #679-22, Vendor #1501 1 0.00 0.00 CPIShade Shade Canopy:49x55x15'entry height. 4 Post Hip Shade Colors: TBD Price Includes: Material, Freight, Engineered Plans, and Installation 1 71,987.00 71,987.00 InstallSC Shade Canopy Pier Drilling, Re-Bar Cages, Concrete, Dirt Haul Off & Installation of Canopy Posts & Top *included in price above. 1 0.00 0.00 Permit Permit Fee: Permits are required, but fees are waived per City of Prosper City owned Park. Inspection is necessary for Piers/Footers, and Final. 1 0.00 0.00 Install Terms Installation charges, if quoted, are for a “standard” installation unless specifically noted otherwise. Installation charges are due upon completion. Standard installations generally require from 2-10 business days to complete, depending upon the amount and type of equipment, site conditions, weather, and schedule. Work may or may not be performed in consecutive days. The quote is based on the site being level and with no resilient surfacing (sand, gravel, bark, etc.) being in place. A charge will be assessed to level site or remove resilient surfacing based upon equipment/material costs and man hours required. Any and all permits and any fees associated with the permits are the responsibility of owner/contractor. An additional charge will be required if digging of footing cannot be performed by equipment or if rock conditions are encountered. An amount will be added to the contract price of up to $2,000 per each additional day. 1 0.00 0.00 Page 104 Item 9. DESCRIPTION QTY PRICE EACH AMOUNT Installation is based upon unrestricted access to site for equipment, i.e., Bobcats, concrete trucks, dump trucks, and miscellaneous work vehicles. Installers are not responsible for damages to irrigation, landscape and utilities. Protection for these items is the responsibility of the owner. TOTAL $71,987.00 Accepted By Accepted Date Page 105 Item 9. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Construction Agreement for Median Improvements on US 380 between Lovers Lane and Mahard Pkwy Town Council Meeting – November 26 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding Competitive Sealed Bid No. 2024-33-B to Apex Landscape & Irrigation for Green Ribbon grant-funded landscape improvements to medians on US 380 between Lovers Lane and Mahard Pkwy in the amount of $1,776,432.60. Description of Agenda Item: This construction contract is for landscape and irrigation improvements to medians on University Drive (US 380) between Lovers Lane and Mahard Pkwy. This is a Green Ribbon grant funded project. TxDOT is the ‘pass-through’ organization managing the grant funds. This project was advertised as a TxDOT required ‘low bid’ process. The Town received four bids as listed in the attached bid tabulation. The Town will pay the contractor for the work satisfactorily performed to specifications and then will seek reimbursement from TxDOT through these grant funds. The Green Ribbon Project provided through TxDOT will cover the full cost of construction. The project is scheduled to begin in January 2025 and the estimated timeline for completion is Fall 2025. The Town executed a Landscape Maintenance Agreement with TXDOT on December 11, 2023, which allows the Town to install landscape enhancements along US 380 and maintain them in a functional and aesthetically pleasing condition. Budget Impact: The total cost of the construction contract is $ 1,776,432.60. Funding for this contract is available in account PK202150-CONST-CONST. PARKS AND RECREATION DEPARTMENT Page 106 Item 10. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached construction contract documents as to form and legality. Attached Documents: 1. Bid Tabulation 2. Construction Agreement 3. TxDOT Landscape Maintenance Agreement Town Staff Recommendation: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding Competitive Sealed Bid No. 2024-33-B to Apex Landscape & Irrigation for Green Ribbon grant funded landscape improvements to medians on US 380 between Lovers Lane and Mahard Pkwy in the amount of $1,776,432.60. Proposed Motion: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding Competitive Sealed Bid No. 2024-33-B to Apex Landscape & Irrigation for Green Ribbon grant funded landscape improvements to medians on US 380 between Lovers Lane and Mahard Pkwy in the amount of $1,776,432.60. Page 107 Item 10. Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Base Bid Alternate Bid Apex Landscape & Irrigation Lexington TX 10/1/2024 01:50:35 PM (CT)$1,184,247.05 $592,185.55 Central North Construction, LLC Allen TX 9/26/2024 11:34:56 AM (CT)$1,261,918.15 $653,976.74 Pace Construction Services Melissa TX 10/1/2024 01:59:41 PM (CT)$1,166,595.50 $1,034,155.50 C. Green Scaping, LP Fort Worth TX 10/1/2024 01:59:55 PM (CT)$2,178,503.00 $1,141,111.00 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:October 1, 2024 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. TOWN OF PROSPER BID TABULATION SUMMARY CSB No. 2024-33-B Addendum 2 US 380 Green Ribbon Project (CSJ 0135-02-070) (Federal Project Number F2023 (308)) (Lovers-Mahard) 2024-33-B 10/01/2024 @ 2:00PM Page 108 Item 10. Page 109 Item 10. Page 110 Item 10. Page 111 Item 10. Page 112 Item 10. Page 113 Item 10. Page 114 Item 10. Page 115 Item 10. Page 116 Item 10. Page 117 Item 10. Page 118 Item 10. Page 119 Item 10. Page 120 Item 10. Page 121 Item 10. DocuSign Envelope ID: 0429A05B-7F7B-40DB-BEA8-36AD2B9D266D December11 23 Page 122 Item 10. DocuSign Envelope ID: 0429A05B-7F7B-40DB-BEA8-36AD2B9D266D Page 123 Item 10. DocuSign Envelope ID: 0429A05B-7F7B-40DB-BEA8-36AD2B9D266D 2023December 11 14th 2023December Page 124 Item 10. DocuSign Envelope ID: 0429A05B-7F7B-40DB-BEA8-36AD2B9D266D Page 125 Item 10. Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Through: Mario Canizares, Town Manager Chuck Ewing, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Traffic Signal-Related Items First Street & Artesia Boulevard and Teel Parkway & Prairie Drive Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon approving the purchase of traffic signal-related items for the traffic signals on First Street at Artesia Boulevard and on Teel Parkway at Prairie Drive, from Consolidated Traffic Controls, Inc., utilizing the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program for $249,376. Description of Agenda Item: On November 14, 2023, the Town entered into a Professional Engineering Services Agreement with Stantec Consulting Services Inc., for the design of traffic signals at First Street and Artesia Boulevard and Teel Parkway and Prairie Drive. The design of the traffic signals has progressed to the point where we can identify the required traffic signal poles, mast arms, and related equipment. Currently, there is an estimated six (6) to eight (8) month lead time for pole manufacturing, powder coating, and related equipment delivery. To expedite the delivery of the traffic signal-related equipment prior to awarding the construction contract, Town Staff will order these items using the HGAC Cooperative Purchasing Program. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper and HGAC entered into an Interlocal Agreement, effective January 4, 2001, which allows our local government to purchase certain goods or services through HGAC. The agreement automatically renews each fiscal year, unless cancelled by either party. Budget Impact: The construction budget amount is $920,000, and the purchase amount of $249,376 will be funded from Account Number TR202101-CONST-CONST. PISD has agreed to pay for one-half of the ENGINEERING SERVICES Page 126 Item 11. Page 2 of 2 design and future construction of the signal on First Street at Artesia Boulevard. Staff is also working with Denton County Fresh Water District No. 10 (DCFWSD#10) on an agreement for cost participation in the design and future construction of the signal on First Street at Artesia Boulevard 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. HGAC Contract Pricing Worksheet 2. Location Map Town Staff Recommendation: Town Staff recommends that the Town Council approve the purchase of traffic signal-related items for the traffic signals on First Street at Artesia Boulevard and on Teel Parkway at Prairie Drive, from Consolidated Traffic Controls, Inc., utilizing the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program for $249,376. Proposed Motion: I move to authorize the purchase of traffic signal-related items for the traffic signals on First Street at Artesia Boulevard and on Teel Parkway at Prairie Drive, from Consolidated Traffic Controls, Inc., utilizing the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program for $249,376. Page 127 Item 11. Contract No.:PE-05-21 Date Prepared:11/17/2024 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Line Number Quan Description Unit Pr Total 1133 11 Paint Adder Painted Base 229.00$ 2,519.00$ 1135 11 20PB-5378 Grounding Lug PB-5378-BRS 20.00$ 220.00$ 1138 11 PB-5325-PXX Painted Collar 101.00$ 1,111.00$ 1141 11 201001B 10' Aluminum Pole (Paint)320.00$ 3,520.00$ 1663 2 M86909 2070 LX CONTROLLER, TEES 2020: 1C T20,2E+ T20,3B T20,4A - EB4 3,467.00$ 6,934.00$ 1688 2 S-OMNI OMNI Software 1,250.00$ 2,500.00$ 1836 2 M79318H 18' Split Base, Natural W/Hardware 618.00$ 1,236.00$ 2136 2 M78508-SC 353i ATCC-HV Prosper Cabinet IA-24CH,FITA-24CH, OA-16CH, PWDR, (Add Controller) 9 LS 220 19,600.00$ 39,200.00$ 2268 1 28' SMA-80L-8 28' SMA-80L-8 10,138.00$ 10,138.00$ 2270 1 32' SMA-80L-8 32' SMA-80L-8 11,495.00$ 11,495.00$ 2278 3 48' SMA-80L-8 48' SMA-80L-8 15,601.00$ 46,803.00$ 2286 1 65' LMA-80/100L-8 65' LMA-80/100L-8 30,252.00$ 30,252.00$ 2344 1 65'/44' LDMA-80L-8 65'/44' LDMA-80L-8 39,945.00$ 39,945.00$ 2424 1 SMA Mast Arm 20'-30' SMA Mast Arm 20'-30'1,346.00$ 1,346.00$ 2425 1 SMA Mast Arm 32'-40' SMA Mast Arm 32'-40'1,482.00$ 1,482.00$ 2426 3 SMA Mast Arm 44'-48' SMA Mast Arm 44'-48'1,619.00$ 4,857.00$ 2427 3 LMA Mast Arm 50'-65' LMA Mast Arm 50'-65'2,577.00$ 7,731.00$ 2732 2 APC-DOT Turnkey UPS w/ APC Secure UPS 1300VA/1300 W 120 VAC In/Out RM Plus Bypass Unit, 12' Harness 6,230.00$ 12,460.00$ 2767 7 CP824DTJNNAAG1 8' x 24" viewable area standard blocking background 2,074.00$ 14,518.00$ 2781 7 Diamond Grade 8' Double Diamond Grade Signface upgrade for any 8' DOUBLE SIDED sign 514.00$ 3,598.00$ 2784 7 MISCDECAL Logo Two or more colors price per sign 68.00$ 476.00$ 2785 7 PHOTOCELL-SWIVEL Photocell Tork Swivel 34.00$ 238.00$ 2791 7 Pelco 5148 Free Swing both fixed heights 371.00$ 2,597.00$ 245,176.00$ Quan Unit Pr Total 2 Substitute 2070 and Omni software for Rackmount Cobalt and EOS 1,500.00$ 3,000.00$ 2 RAL 8008 Powder coat BBU cabinet 600.00$ 1,200.00$ -$ -$ 4,200.00$ 2% Quan Unit Pr Total -$ Total From Other Sheets, If Any: Subtotal B: Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total from Section A.For this transaction the percentage is: C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Description 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 Catalog / Price Sheet Name:Traffic Control, Enforcement & Signal Preemption Equipment General Description of Product:Traffic Control Equipment A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Total From Other Sheets, If Any: RAL 8008 is the color for poles, Cabinet, BBU and ped poles 972-569-1125 800-448-8841 800-448-8850 aturner@prospertx.gov Bobby.Hale@ctc-traffic.com CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Prosper Consolidated Traffic Controls, Inc. Alexis Turner Bobby Hale Page 128 Item 11. Contract No.:PE-05-21 Date Prepared:11/17/2024 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Line Number Quan Description Unit Pr Total Catalog / Price Sheet Name:Traffic Control, Enforcement & Signal Preemption Equipment General Description of Product:Traffic Control Equipment A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary RAL 8008 is the color for poles, Cabinet, BBU and ped poles 972-569-1125 800-448-8841 800-448-8850 aturner@prospertx.gov Bobby.Hale@ctc-traffic.com CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Prosper Consolidated Traffic Controls, Inc. Alexis Turner Bobby Hale -$ -$ 249,376.00$ Subtotal C: Delivery Date: 30 to 45 Days ARO D. Total Purchase Price (A+B+C): Page 129 Item 11. LOCATION MAP Pre-Purchase Traffic Signal Equipment First St. at Artesia Blvd. and Teel Pkwy. At Prairie Dr. Proposed Traffic Signal Proposed Traffic Signal Teel Parkway PISD High School #4 Prairie Drive First Street Page 130Item 11. page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Interlocal Agreement – Prosper Independent School District Legacy Drive Improvements: Prosper Middle School #7 Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the Prosper Independent School District, and the Town of Prosper, Texas, related to the construction of the Legacy Drive Improvements for Prosper Middle School #7. Description of Agenda Item: The Prosper Independent School District (District) is developing a middle school on the east side of Legacy Drive just south of the intersection of old Parvin Road and Legacy Drive, with a planned opening in Fall 2026. To serve the facility, the District is required to construct the following roadway and water improvements: Roadway Improvements:  Segment 1: Construction of two lanes (2) of Legacy Drive from the intersection of Prosper Trail and Legacy Drive to the north property line of Prosper Middle School #7, including concrete curb and gutter streets with underground drainage.  Segment 2: Construction of an additional two (2) lanes of Legacy Drive adjacent to Prosper Middle School #7, two (2) median openings and left turn lanes, and two (2) deceleration lanes to serve the school. Water Line Improvements: 16” Water Line  Construction of approximately 3,250’ of 16” water line along Legacy Drive from the north property line of Prosper Middle School #7 to the southeast corner of the intersection of Prosper Trail and Legacy Drive. The 16” water line is sized to serve the needs of the middle school and surrounding properties in accordance with the Town’s Water Master Plan. ENGINEERING SERVICES Page 131 Item 12. page 2 of 2 The purpose of the Interlocal Agreement is to outline the obligations of the Town of Prosper and the Prosper Independent School District, related to construction of the Legacy Drive Improvements for Prosper Middle School #7. Budget Impact: To facilitate the timely design and construction of the Legacy Drive Improvements, the District will provide all funding for the design, right-of-way and easement acquisition, and construction costs for the roadway and water improvements. Within four (4) years of the Town’s final acceptance of the last constructed component of the Legacy Drive Improvements, the Town will reimburse the District the following:  All costs associated with the approved design and construction costs associated with Segment 1, currently estimated at $7,815,000.  The difference between the costs of a 16” water line and a 12’” water line, currently estimated at $147,000.  Any approved right-of-way and easement acquisitions costs. In consideration of the District providing the funding for the Legacy Drive Improvements and allowing the Town to repay within four (4) years from final acceptance of the last constructed component of the Legacy Drive Improvements, the Town agrees to waive the building permit fees (estimated to be $185,000) and inspection fees (estimated to be $45,000) for Prosper Middle School #7. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Interlocal Agreement Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between the Prosper Independent School District, and the Town of Prosper, Texas, related to the construction of the Legacy Drive Improvements for Prosper Middle School #7. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between the Prosper Independent School District, and the Town of Prosper, Texas, related to the construction of the Legacy Drive Improvements for Prosper Middle School #7. Page 132 Item 12. Page 133 Item 12. Page 134 Item 12. Page 135 Item 12. Page 136 Item 12. Page 137 Item 12. Page 138 Item 12. Page 139 Item 12. Page 140 Item 12. Page 141 Item 12. Page 142 Item 12. Page 143 Item 12. Page 144 Item 12. Page 145 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 Twin Creeks Screening Wall Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance to amend Planned Development-59 on Twin Creeks Ranch, Phases 1-2, on 40.9± acres, to accommodate the reconfiguration of the wall and the landscaping between the subdivision and Frontier Parkway. (ZONE-24-0011) Description of Agenda Item: On October 22, 2024, the Town Council approved the proposed rezoning request by a vote of 6- 1 with Deputy Mayor Pro-Tem Bartley voting in opposition. An ordinance has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibits Town Staff Recommendation: Town Staff recommends approval of an ordinance to amend Planned Development-59 on Twin Creeks Ranch, Phases 1-2, on 40.9± acres, to accommodate the reconfiguration of the wall and the landscaping between the subdivision and Frontier Parkway. (ZONE-24-0011) PLANNING Page 146 Item 13. Page 2 of 2 Proposed Motion: I move to approve/deny an ordinance to amend Planned Development-59 on Twin Creeks Ranch, Phases 1-2, on 40.9± acres, to accommodate the reconfiguration of the wall and the landscaping between the subdivision and Frontier Parkway. (ZONE-24-0011) Page 147 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 40.9 ACRES, MORE OR LESS, SITUATED IN THE TWIN CREEKS RANCH, PHASES 1-2, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-59 (PD-59) TO PLANNED DEVELOPMENT-59 (PD-59), 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- 24-0011) from Steve Basden (“Applicant”), to rezone 40.9 acres of land, more or less, Twin Creeks Ranch, Phases 1-2, 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 40.9 acres of land, more or less, in the Twin Creeks Ranch, Phases 1-2, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-59 and being more particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with (1) the Development Standards, attached Page 148 Item 13. Case No. ZONE-24-0011 Ordinance No. 2024-__, Page 2 hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Elevations, attached hereto as Exhibit F; (4) the Landscape Plan, attached hereto as Exhibit G, all of which are incorporated herein for all purposes as if set forth verbatim. 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 149 Item 13. Case No. ZONE-24-0011 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 THE 26TH DAY OF NOVEMBER 2024. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 150 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case #: Zone-24-0011 Exhibit A-1 – Metes and Bounds LEGAL DESCRIPTION WHEREAS, TWIN CREEKS PROSPER, LLC., CHRISTOPHER & SARAH HEASLIP & DILLON LIVING TRUST are the owners of a tract of land situated in the W.T. Horn Survey, Abstract No. 376 and the W.T Horn Survey, Abstract No. 419, being all of a 37.069 acre tract, as described in Doc. No. 20200427000603670, in the Deed Records of Collin County, Texas, being more particularly described as follows: COMMENCING, at a 5/8 inch iron rod found at the northeast corner of said 37.069 acre tract and being in the south line of F.M. 1461 (Variable R.O.W.); THENCE, South 00°13'55" East, along the east line of said 37.069 acre tract, for a distance of 690.26 feet, to a 1#2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc." at the POINT OF BEGINNING; THENCE, South 00°13'55" East, continuing along said east line, for a distance of 536.96 feet, to a point in a creek; THENCE, along said creek for the following fifteen (15) calls: South 53°14'00" West, for a distance of 44.60 feet; South 79°46'30" West, for a distance of 50.68 feet; South 76°03'52" West, for a distance of 48.43 feet; South 66°43'35" West, for a distance of 65.94 feet; South 52°56'05" West, for a distance of 56.06 feet; South 59°44'12" West, for a distance of 16.26 feet; South 83°48'03" West, for a distance of 48.69 feet; North 72°39'13" West, for a distance of 15.86 feet; South 85°35'54" West, for a distance of 25.86 feet; South 59°49'09" West, for a distance of 132.04 feet; South 72°43'45" West, for a distance of 26.54 feet; South 66°51'25" West, for a distance of 123.30 feet; South 39°13'28" West, for a distance of 51.61 feet; South 55°10'20" West, for a distance of 126.64 feet; South 43°49'50" West, for a distance of 179.49 feet, being the most westerly corner of Lot 25R, Block A out of Amberwood Farms Phase Two, an addition to the Town of Prosper, as described in Doc. No. 2012-267 in said Plat Records and being in the north line of Lot 24R, Block A out of Amberwood Farms Phase Two, an addition to the Town of Prosper, as described in Vol. M, Pg. 3 in said Plat Records, and being in the south line of said 37.069 acre tract; North 77°38'52" West, along the north line of said Lot 24R, Block A and the south line of said 37.069 Page 151 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case #: Zone-24-0011 acre tract, for a distance of 44.37 feet at the southwest corner of said 37.069 acre tract and the most westerly northwest corner of said Lot 24R, Block A same being in the east line of Gentle Creek Estates Phase I, an addition to the Town of Prosper, as described in Vol. M, Pg. 24 in the Plat Records of Collin County, Texas also being the intersection of another creek; THENCE, North 26°37'34" West, along the east line of said Gentle Creek Estates Phase I and with said creek same being the west line of said 37.069 acre tract, for a distance of 230.46 feet; THENCE, continuing along said east and west lines and with said creek for the following five (5) calls: North 23°03'52" West, for a distance of 342.00 feet; North 16°23'43" East, for a distance of 353.50 feet; North 27°22'48" West, for a distance of 153.30 feet; North 78°54'50" West, for a distance of 114.55 feet; North 41°12'49" West, for a distance of 94.08 feet; THENCE, North 64°23''48" East, departing said creek and said lines, for a distance of 496.02 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 36°49'03" West, for a distance of 65.32 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the right, having a radius of 350.00 feet, a central angle of 36°05'08"; THENCE, along said curve to the right for an arc distance of 220.43 feet (Chord Bearing North 18°46'29" West - 216.81 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, North 00°43'55" West, for a distance of 54.47 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 47°58'44" West, for a distance of 34.05 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 00°43'55" West, for a distance of 49.91 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the north line of said 37.069 acre tract and the south line of said F.M. 1461; THENCE, North 89°16'05" East, along the north line of said 37.069 acre tract and the south line of said F.M. 1461, for a distance of 150.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 00°43'55" East, departing said north and south lines, for a distance of 40.23 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 44°16'05" West, for a distance of 35.36 feet, to a 1/2 inch iron rod set with a yellow Page 152 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case #: Zone-24-0011 cap stamped "Corwin Eng. Inc."; THENCE, South 00°43'55" East, for a distance of 87.74 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a radius of 250.00 feet, a central angle of 35°05'08"; THENCE, along said curve to the left for an arc distance of 157.45 feet (Chord Bearing South 18°46'29" East - 154.86 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc." at the point of tangency; THENCE, South 36°49'03" East, for a distance of 91.35 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the right, having a radius of 535.00 feet, a central angle of 23°50'44"; THENCE, along said curve to the right for an arc distance of 222.66 feet (Chord Bearing South 24°53'41" East - 221.05 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 12°58'19" East, for a distance of 231.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 68°12'02" East, for a distance of 309.46 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 89°16'06" East, for a distance of 303.10 feet, to the POINT OF BEGINNING and containing 22.345 acres of land. Page 153 Item 13. "tiITIOJi � j r··-------··-··-·-·-·-··---ITI I OJ I £ i I� i ITI TftlEL VE OAKS 0 ITI . P�II I I " Vl)L. • • 48 6 I ii I O i � i � 1 r I I I \ \ \ : ITI i I : I \_ • --• --• --• ·-• • -• ·-• · ) · --. -. --.. l. ___ . _______ .. __ ____ __ _ _ __ ___ ___ ___ _ _ _ ___ ___ ___ _ _ _ __ , _ __ . _______________________ .. .L ________ . _______________ J __________________________ _J ______ . ______________ . __ .. L .-IJ-. _j ______ .. __________ . __ . ___________ .. ____ . __ . __ .. _. __ . __ . __ F.M. RO :g Tx□OT MON. 70.FUTURE TXDOT PVMT CURVE TABLE CURVE NO. DELTA 1 . 36· 05' 08" 2, 23• 50' 44" 3, 13•52'20" 4.26'56'09"5.13'52'20"6.13•52'20"7, 13·03'49"8.85'45'16" 9. 11•13'05" 1 o. 89°18'50" 1 1 . 162°57'29" LINE TABLE RADIUS LENGTH CHOR D BEAR ING LINE NO, BEAR ING DISTANCE 300, 00' 188.94' 185.84' s1s 0 46'29"E 492, 50' 204.97' 203.49' S24"53'41"E 300, 00' 72.63' 72. 46' sos• 02' 09 "E300, 00' 141.04' 139.74' S12"34'04"E 300, 00' 72.63' 72. 46' S19"54'29"E300, 00' 72,63' 72. 46' S19"54'29"E 1 . s 53°14'00" w 44.60' 2. s 79°46'30" w 50.68' 3.s 76 °03 1 52 11 w 48.43' 4.s 66 °43 1 35" w 65.94' 5.s 52"56'05" w 56.06' s.s 59•44• 12" w 16.26' 7.s 83"48'03" w 48-69'325, 00' 74.10' 73.94' S1 9• 30' 14 "E a.N 72"39' 13" w 15.86'50,00' 74.83' 68.04' S68"54'46"E 9.s 85°35'54" w 25.86' 50,00' 252.01' 58.23' S52 °36'54"E 75.00' 116,91' 105.43' S56"17'10"W 65.00' 184,87' 128.57' S66"44'06"W 10, s 59°49'09" w 132.04' 11 . s 72°43'45" w 26-54'12.s 66 °51'25"w 123-30'13.s 39°13'28"w 51.61' 14, s 55•10'20" w 126,64' 15, N 77°38'52" w 44.37' 16, s 21•47•25• E 20.83' 17, N 89"46'25" w 37.91' 18, s 77"58'29" w 30.82' 19, s so•47'57" w 26.80' 20.N as• 11 '04" w 40-11'21.N 54°08'30" w 32-87'22.N 55°05' 17• w 69-03'23, N 21• 11' 18" w 37.84' ----------··-··-··-··-··--·7' __ / ·, TxDOT MON. F N00° 43'55"W -POl�T OF COMMENCING ··--·-··-··--------------24, N 66 °18'34" w 20.98' 25, N 63 °26'06" E 36.22' 0 50 100 200 - -- NOTES: - - -SCALE: 1" 100' 1.Bearings are referenced to a 37.069 acre tract, as described in Doc No. 20200427000603670, in theof Collin County, Texas. 2.LEGEND B.L. -Building LineT.P.E. -Tree Preservation EasementW.E. -Water Easement U.E. -Utility Easement A.U.D.E. -Access, Utility, Drainage EasementD.E. -Drainage EasementH.0.A. -Homeowners AssociationA.U.D.E. -Access, Utility, Drainage Easement Deed Records P.H.A.E. -Private Homeowner's Association Easement 0 -Street Name Change e:. -Indicates front yard 7R ------ b.36 °05'08"R-350, 00' -· L = 20. 43' .-----· C= 1 6-,--S ·f'- S=-· f 8° 46' 29 "W N36 ° 49'03"W 65.32' 3."Notice: Selling a portion of this addition by metes and boundsis a violation of city ordinance and state law and is subject to fines and withholding of utility and building permits". BR . FF• 673.42 LOT 1 1.20 AC.NET4.All development will comply with Town of Prosper PD-59 requirements.,0 2.09 AC. OSS 5.All lots with fencing backing or siding to open space lots along Frontier Parkway are required to have ornamental metal fencing.1!. .9,,. 100 YR. FLOOD PLAIN PER TWIN CREEKS FLOODSTUDY PREPARED BY CARDINAL STRATEGIESAPR, 17, 2020 •o DRAtlAGE, FLOODWAY, 6.No structure including fencing, pools or similar are allowed within the erosion hazard setback easement or Drainage and Floodway Easement.9R cj), EROSION HAZARD SETBACK• ACCESS EASEMENT 7.Ponds, walls, spillways, etc. shall be maintained by the HOA. HOA will maintain a constant water level in the ponds with proper aeration to prevent stagnant water. 8.OSSF notes: All lots must utilize alternative type On-Site Sewage Facilities. Must maintain state-mandated setback of all On-Site Sewage Facility components fromany/all easements and drainage areas, water distribution lines, sharp breaks and/or creeks/rivers/ponds, etc. <Per State regulations). Lots 14, 15, 16, 17, 18, 19, 20, and 21 all contain a drainage, floodwoy and access easement to which setbacks will apply. No OSSF components will be allowed within theeasement. Lots 14, 15, 16, 17, 18, 19, 20, and 21 are all bordered by a creek to which furthersetback will/may apply, in addition to the easement setbacks. _ .. -------- --· _ .. 1(54•so"w ----· 4.55, G.ENKEC;EEK ESTATES -6' -·· PHASE I u' VOL.M,PG.24 -� o, 10 R Lots 17 and 18 contain a pond to which further setbacks will/may apply, in addition tothe easement setbacks. 11R Lots 14, 15, 16, 17, 18, 19, 20, and 21 all have flood plain on the lots. The entire . ., o. \ I flood plain area on each lot is under a drainage, floodway and access easement and,therefore, the flood plain area is not to be used for OSSF disposal or components. 100 YR. F'LOOD PLAIN Lot 17 and 18 contains an existing water well to which further setbacks will/may apply for lots17 and 18. Due to setbacks required for the easement, creek pond and water well, careful pre-planningwill be required on lots 14, 15, 16, 17, 18, 19, 20, and 21. Structure size and/or lot layout may be limited due to setbacks. A pre-planning meeting with RS/PE and Collin County Development Services is recommended for lots 14, 15, 16, 17, 18, 19, 20, and 21. There are no easements other than those shown on the filed plat and noted above. There were no permitted/approved existing structures with associated OSSF(s) on the propertyat the time of approval. My existing structures or OSSF s must be reviewed and permitted by Collin County Development Services prior to any use. There was a structure/dwelling removed from lot 19. No existing OSSF components were ----- located. It is possible that there could be existing OSSF components located on lots 18 and/or 19. If existing tanks are located on any lot, they must be legally abandoned, per State law CT AC 30, Chapter 285.36), and the abandonment inspected by Collin County Development Services. Tree removal and/or grading for OSSF may be required on individual lots. Other than an existing water well on lot 17, therethis subdivision and no additional water wells areCounty Development Services. are no additional water wells noted in allowed without prior approval from Collin Each lot is limited to a maximum of 5,000 gallons of treated/disposed sewage each day. Individual site evaluations and OSSF design plans (meeting all State and County requirements) must be submitted to and approved by Collin County for each lot prior to construction of anyOSSF system. -----· ---·· ----- 12 R 13R 9.The Private Homeowner's Association Easement (P.H.A.E.l identified on this plat are easements located on residentiallots dedicated to the Homeowner's Association for purposes of maintaining facilities far the benefit of the HOA and not individual residential lots. The facilities within these easements are to be owned and maintained by the HOA.Facilities allowed within these easements are restricted to irrigation for tree preservation easement and all related appurtenances, a water well, a pond pump and related appurtenances, and a pumphouse <structure). The HOA will at all times after doing any work in connection with the construction, operation or repair of the Facilities, restore the -------·· 14R surface to as close as the condition in which it was found before such work was undertaken as is reasonably practicable. 10.The Tree Preservation Easement <T.P.E.> shall be maintained by the HOA and shall include a private irrigation systemacross residential lots that shall also be owned and maintained by the HOA. The trees within the T .P .E. shall adhere to all tree mitigation conditions per Town of Prosper standards. If any tree is removed without the prior consent ofthe Town's Parks and Recreation Dept, the Twin Creek HOA shall be responsible for tree mitigation penalties. 11.Electrical meter to serve HOA improvements shall be placed within Lot 23, Block A (private street lot to be maintainedby HOA) far purpose of entry gate facilities. The electrical meter shall be owned and maintained by the HOA. 12.The retaining walls, fencing and all other permitted pond structures 8' appurtenances associated with the drainage pondslocated on lots 17 and 18, Block A and located within a P .H.A.E. are to be owned and maintained by the HOA. 15 R PER TWIN CREEKS F'LOODSTLOY PREPARED BY CARDINAL STRATEGIES ---\APR. 17. 2020 16R \ \ ', ·. \ \ ·.·. \ \ ·. •, \ \ ·.·. \ \ ·.', \ \ ·.•. \ \ ', •. \ \ •, •. \ \ . •. \ \ . •. \ \ . •. \ \ . •. \ \ . •. \ \ . •. \ \. ----------.. ----.. __ -------.. -------.. __ ··--·-.. _ ·------·--.. ___ _ ··--. ', \\, '•\ \.'•\ \. '•\ \, '•\ \\\ \_ \ \ \\\ \ \\ \ \ ', . \ \ ', . \ \ •, . \ \ •.. \ \ •. . \ \ •.. \ \ ', .\ \'• .\ \'• ,\ \'· . \ \'· .\ � C,J (.11 (.11 ITI \· ·.\ POINT OF BEGINNING STATE PLANE COORlltlATESNORTH CENTRAL TEXAS ZONE 4202 DATUM NAD83 y X 7147026.269 2504744.526 I LOT 17 UTILITY EASEMENT LOT 16 SCALE 111•5 01 26, 27, 28, 29, 30. 31, 32, 33, 34, 35, 36. 37. 38, 39, 40, 41. 42, 43, 44, 45. 46. 47. I N 29 °25'39" w 27.06' N 14 °27'34" w 46.02' N 09 °32 1 00" w 68.29' s 66 °07'28" w 59.97' N 17"27'50" w 74.34• N 18"16'38" w 29-49'N 01 °26'24" E 97-32'N 07 °58' 11" w 31.62' N 25 °50'23" w 28.50' N 67 °13'03" w 21.15' N 62 °47'02" w 24.06' N 72 °53'50" w 13.71' N 45 °00'00" w 8.75' N 07 °21'53" w 49,75' N 19"12'46" w 19.36' N 02•41•02• E 34.84' N 04" 17' 21 • E 18.43' N 41 °59' 14" E 29.19' N 23 °35' 13" E 51.52' s 66 °44'06" w 24-75's 66 °44'06" w 18-40's 78°59'57" w 8.34' 10' DRAIN GE r ESMT. IT P.J .--------.---LOT 11 f-:-T·-··: 1 25' REAR 1,1E!l4!!:-P.!f9 ..!-!�' N66" 19'11"W18.26' N.30° 51'19"E27.81' N63" 57'52"E10.00' F',M, 1461 us 360 PROJECT LOCATION LOCATION MAP N.T.S. UTILITY EASEMENT LOT 11 SCALE 1"•50' I.J I.J "' f-en ClI.J en 0a_0"'a_ I NOTE, I r-·-·-·rr :._:. -H P•I .�. ,WI lw,0�ii!!:J -�lwU ·a:::,oii: louno'in•· d jr-:l�iil : i l i ___ l , ..... L� ' ----i: :r-�� it: 1: �� 11• UI -1 $:!w 11 '1, 1: I 1: 0 7\ 40' FRONT �·• U[jjfNG TIN bRM!I\Gu:.,;i,m PROPOSED STREET I TYPICAL DETAIL N.T.S. I THE PURPOSE OF THIS AMENDING PLATIS TO ADD THE MISSING BOUNDARY DIMENSION ON LOT 17. CASE NO.D22-OO73 AMENDING PLAT ',---� rr-!c!!!�::; ►" I!!� .... rii9C..: �;t .L._ ' ' "-.. TWIN CREEKS RANCH PHASE I 11 TOT AL SINGLE FAMILY LOTS 1 PRIVATE STREET LOT 22.345 TOT AL ACRES 2.874 TOTAL R.O.W. DEDICATION OUT OF THE W.T.HORN SURVEY.ABSTRACT NO.376 W.T. HORN SURVEY, ABSTRACT NO. 419 IN THE TOWN OF PROSPER COLLIN COUNTY, TEXAS OWNERS CHRISTOPHER 8c SARAH HEASLIP 1740 PARKWOOD DRIVE PROSPER, TEXAS 75078 DILLON LIVING TRUST 3412 TWIN LAKES DRIVEPROSPER, TEXAS 75078 TWIN CREEKS PROSPER, LLC. 12400 PRESTON RD., STE. 100FRISCO, TEXAS 75033 PREPARED BY CORWIN ENGINEERING, INC. 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200WARREN CORWIN APRIL 2023 SCALE 1"·100' SHEET 1 OF 2 EXHIBIT A-2 Case #: Zone 24-0011 Page 154 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 Exhibit B – Statement of Intent and Purpose Purpose Twin Creeks Prosper, LLC is submitting an application for a PD Amendment regarding the location of the screen wall at its location at 1120 E. Frontier Parkway, Prosper, TX 75078. Justification The screen wall was located on the TXDOT ROW instead of on private property on the southern edge of the Landscape BuƯer. The screen wall is ~1,500’ long and is ~85% complete. In meetings with the Town of Prosper it was indicated that it may be possible to get a PD Amendment that would allow the screen wall to remain in place. The Town of Prosper, in its ordinance, desires to create landscape buƯers in front of screen walls to enhance visual appeal and reduce road noise for residents. Twin Creeks Prosper, LLC, believes that despite the incorrect location of the screen wall, that the goals for both visual appeal and noise reduction can be achieved by placing landscaping to cover the masonry portion of the wall and provide a berm with additional landscaping behind the wall within the landscape buƯer. The table below lists distances from currently existing screen walls or private fences to the existing road edge along FM 1461 between Preston Rd and N. Custer Rd (column a). In front of Twin Creeks, the expanded road edge will extend 50’ beyond the current road edge (column b) according to existing TXDOT plans (see Exhibit D). The distance from the expanded road edge to the screen wall in front of Twin Creeks will be 20’-30’ (column c). The distances shown for other developments are indicative and assume the same 50’ expansion from the existing road edge to the new road edge. Twin Creeks Prosper, LLC believes concerns regarding visual uniformity between Preston Road and N. Custer Road on FM 1461 post expansion are mitigated by the following:  After the TXDOT expansion it seems there will be significant variability in setbacks to screen walls and private fences along FM 1461 between Preston Road and N. Custer Road. Page 155 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011  Twin Creeks Ranch is not contiguous on the road frontage of FM 1461 with any existing developments.  Leaving Twin Creeks Prosper’s screen wall in its existing location, with the proposed landscaping plan, will not create unpleasing visual or functional diƯerences. Site Plan Request  The acreage of the subject property is 39.593 acres.  The location of the property is: tract of land situated in the W.T. Horn Survey, Abstract No. 379, and the W.T Horn Survey, Abstract No. 419, being all of a 39.593-acre tract, as described in Doc. No. 20200427000603670, in the Deed Records of Collin County, Texas. The plat in Exhibit A-1 and Metes and Bounds in Exhibit A-2. Page 156 Item 13. ZONE-24-0011 Exhibit “C” Development Standards This tract shall develop under the regulations of Ordinance No. 12-35 (Planned Development- 59) as it exists or may be amended with the following amendments: 1.0 Landscaping 1.1 The landscaping requirements within this Planned Development District are represented in Exhibit D and as follows: • The required landscape buffer is permitted to be behind the screening wall adjacent to Frontier Parkway. • Landscaping will be provided along the masonry portion of the screening wall facing Frontier Parkway. • A berm with additional landscaping will be provided behind the screening wall. 2.0 Maintenance 2.1 The maintenance standards within this Planned Development District are as follows: • The Homeowner’s Association for the subdivision will be responsible for the maintenance of the landscaping and screening wall. Page 157 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 Exhibit D – Conceptual Plan Twin Creeks Prosper, LLC submits the following conceptual plan in support of its PD Amendment Application. The screen wall is currently placed just outside the TXDOT ROW. Twin Creeks Prosper, LLC proposes leaving the screen wall in its current location with a landscaped hedge within the TXDOT ROW which will be installed and maintained by Twin Creeks Ranch Residential Community, Inc (HOA). A section of the plat with the TXDOT ROW and the Landscape BuƯer highlighted as well as a proposed cross section of the current road, TXDOT ROW, location of the screen wall, and landscape buƯer is shown below. Page 158 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 TXDOT has indicated a willingness to work with the Town of Prosper to allow for landscaping immediately in front of the screen wall withing the ROW. Twin Creeks Prosper will provide funds in escrow to underwrite the cost of placing the landscaping and will be responsible for upkeep. The area between the screen wall and the berm in the Landscape BuƯer will drain via weep holes already existing in the screen wall. The berm will be maintained by the HOA and the HOA will have access. Above is the cross section from the TXDOT plans for the section of the expanded roadway in front of Twin Creeks. Page 159 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 Full TXDOT crossection. Below is a screenshot from the TXDOT plans for the future roadway in front of Twin Creeks showing the distance from the existing roadway edge to the future roadway edge. Page 160 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 Page 161 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case #: Zone-24-0011 Exhibit E – Development Schedule Assuming the PD Amendment is approved, and the screen wall remains in its current location, the following Development Schedule is contemplated. 3 Months Post Approval Twin Creeks Prosper, LLC will complete the screen wall (construction of the screen wall was halted due to concern over the location). Widening of FM 1461 Complete – Apply for and Secure TXDOT Landscaping Permit When the widening of FM 1461 is complete, Twin Creeks Ranch Residential Community, Inc (HOA), will work with the Town of Prosper to apply for and secure a permit from TXDOT to enable the placement of the landscape hedge in front of the screen wall withing the TXDOT ROW. The timing of the permit application will be dependent on the completion of FM 1461. Widening of FM 1461 Complete – Installation of Permitted Landscaping Permits issued by TXDOT require that work begin within 6 months of the permit issue date, with no requirement date for completion. Once the widening of FM 1461 is complete, and a permit secured, Twin Creeks Ranch Residential Community, Inc. (HOA), will install the landscaping within two months of the permit issue date. Page 162 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case #: Zone-24-0011 Exhibit F – Elevations Below are two renderings of what the finished result will be. One is an elevation, and the other is a bird’s eye view showing the landscape buffer behind the wall with berm and landscaping to help with noise reduction. Page 163 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case #: Zone-24-0011 Page 164 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 Exhibit G – Landscape Plan Below are two renderings of what the finished result will be. One is an elevation, and the other is a bird’s eye view showing the landscape buffer behind the wall with berm and landscaping to help with noise reduction. Page 165 Item 13. Twin Creeks Prosper, LLC PD Amendment – Screen Wall Location Case#: Zone-24-0011 Page 166 Item 13. 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: Façade Plan for Gates of Prosper, Phase 3, Block B, Lot 7 Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon a request for a Façade Plan for a Restaurant on Gates of Prosper, Phase 3, Block B, Lot 7, on 2.1± acres, located on the west side of Preston Road and 450± feet north of US Highway 380. (DEVAPP-24-0112) Future Land Use Plan: The Future Land Use Plan designates this area as Town Center. Zoning: The property is zoned Planned Development-67 (Mixed Use). Conformance: The Façade Plan conforms to the development standards of Planned Development-67. Description of Agenda Item: The Façade Plan is for an 8,264 square foot restaurant with a 1,137 square foot outdoor patio. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. Location Map 2. Façade Plan Town Staff Recommendation: Town Staff recommends approval of a request for a Façade Plan for a Restaurant on Gates of Prosper, Phase 3, Block B, Lot 7, on 2.1± acres, located on the west side of Preston Road and 450± feet north of US Highway 380. (DEVAPP-24-0112) PLANNING Page 167 Item 14. Page 2 of 2 Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended approval of this item by a vote of 6-0 (Commissioner Carson absent) at their meeting on November 19, 2024. Proposed Motion: I move to approve/deny a request for a Façade Plan for a Restaurant on Gates of Prosper, Phase 3, Block B, Lot 7, on 2.1± acres, located on the west side of Preston Road and 450± feet north of US Highway 380. (DEVAPP-24-0112) Page 168 Item 14. Page 169 Item 14. BRICK VENEER: BR-01 SIZE: Modular, Thin (3 5/8" x 7-5/8”x 1/2”) MFR: Upchurch Kimbrough –Watsontown Brick PRODUCT: Manhattan Series –Coal KT Clear BR-01.1-(3 5/8" x 3 5/8" x 1/2") BR-02 SIZE: Modular, Thin (2-1/4”x 7-5/8”x 9/16”) MFR: Upchurch Kimbrough –Marion Ceramics PRODUCT: Square Edge Vee Brick –510 Cobblestone BR-02.1 -(2-1/4”x 7-5/8”x 15/16”) BR-03 SIZE: Modular, Thin (2-1/4”x 7-5/8”x 9/16”) MFR: Upchurch Kimbrough –Marion Ceramics PRODUCT: Square Edge Vee Brick –710 Seashell BR-03.1-(2-1/4”x 7-5/8”x 15/16”) STONE VENEER: ST-01 PRODUCT: Upchurch Kimbrough –UK Blanco SIZE: Thin Veneer Limestone Flats Rocked - Sawn Top & Bottom Cut to Size (Nominal: 8”x Random Chopped Lengths x 1-1/2”) METAL TRIM: MT-01 (Secondary) USE: Ornamental metal as secondary material, per PD MFR: Pac-Clad PRODUCT: Pac-Tite WT Canted Fascia – Dark Bronze Anodized SIZE: 5-1/2”–13-1/2” GROUT: GR-09 MFR: CEMEX PRODUCT: Custom Color Masonry Cement – Cream 1100 SIZE: 3/8” LOCATION: BR-02, BR-03, ST-01 GR-10 MFR: CEMEX PRODUCT: Custom Color Masonry Cement – Midnight 1020 SIZE: 3/8” LOCATION: BR-01 ALUMINUM FINISH: MP-02 MFR: GEOLAM PRODUCT: Extruded aluminum channels with a wood-plastic composite black finish Size: 2" x 1 1/4" ABBREVIATIONS LEGEND 1. THIS FAÇADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION. 2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREEDBY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. 3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. 4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. 5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PERCENT. 6. ANY DEVIATION FROM THE APPROVED FAÇADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER. FACADE PLAN NOTES ARCHITECT: CONQUEST DESIGN AND DEVELOPMENT GROUP, LLC 14901 QUOROM DRIVE STE. 600 DALLAS, TEXAS 75254 PHONE: (214) 695-0290 CONTACT: DARYL ATWOOD OWNER: GOP #3, LLC 1 COWBOYS WAY FRISCO, TEXAS 75034 CONTACT: NICHOLAS LINK PHONE: (972)-497-4854 ENGINEER: (SUBMITTING AGENT) KIMLEY-HORN AND ASSOCIATES, INC. 260 EAST DAVIS STREET, SUITE 100 MCKINNEY, TEXAS 75069 TEL. NO. (469) 301-2580 CONTACT: KAITLIN MAHLMANN, P.E. PROJECT CONTACT INFORMATION T.O. SLAB 0' -0" T.O. DINING PARAPET 19' -6" T.O. KITCHEN PARAPET 22' -0" B.O. TOWER 25' -0" T.O. PATIO CANOPY 13' -0" T.O. FRONT PARAPET 18' -2" BR-02 BR-01 ST-01 ST-01 BR-01 ST-01 ST-01 ST-01 ST-01 ST-01 BR-01 BR-01 BR-01 BR-01 MT-01 ST-01 MT-01 BR-03 MT-01 MP-01 BR-03 ST-01 MP-02 BR-01 MT-01 99 9' - 8" 9' - 11" 24' - 9 5/8" 40' - 6 7/8" 84' - 11 1/2" 24' - 0" 27' - 11" 1/2" 1'-0" OVERALL BUILDNG LENGTH 84' - 11 1/2" BR-01.1 ROOF MECHANICAL EQUIPMENT BEHIND PARAPET WALL ARTICULATED LINTEL SURROUNDING WINDOWS, TYP AT ALL WINDOWS T.O. SLAB 0' -0" B.O. TOWER 25' -0" T.O. PATIO CANOPY 13' -0" T.O. FRONT PARAPET 18' -2" MT-01 ST-01 BR-01 ST-01 MT-01 ST-01ST-01ST-01ST-01 BR-01 ST-01 ST-01 ST-01 ST-01 BR-01 MP-02 ST-01 CNC-04 CNC-04 MT-01 MT-01 MP-02 8 BR-01 3' - 8 7/8" 15' - 1" 21' - 3 5/8" 1' - 10 1/2" 26' - 5 1/2" 1' - 10 1/2" 21' - 10 3/8" 18' - 3 5/8" 2' - 8 1/8" 113' - 2 1/4" BR-03 BR-03 BR-01 BR-01 27' - 11" OVERALL BUILDING LENGTH 113' - 6 7/8" 24' - 0" ROOF MECHANICAL EQUIPEMENT BEHIND PARAPET WALL ARTICULATED LINTEL SURROUNDING WINDOWS, TYP AT ALL WINDOWS ELEVATED DINING 103 HALLWAY 107 WOMEN'S 108 FIRE RISER 119 EMPLOYEE RR 118 7' - 9 1/8"4' - 0 5/8" 2' - 6" ELEVATED DINING 103 WAITING AREA 101 HOST 102 ENTRY VESTIBULE 100 PATIO WAITING 128 DINING 105 PATIO DINING 127 7' - 2 3/4"5' - 1 1/2" 2' - 6 3/4"9' - 10"1. GREASE PUMP PORT. 2. CO2 REFILL PORT. 3. GAS SUPPLY AND METER. 4. SWITCH GEAR AND METER. 5. WATER SUPPLY. 6. FIRE SUPPLY LINE. 7. NOT USED. 8. KEY BOX FDC. 9. DOWNSPOUT NOZZLE. EXT. ELEVATIONS KEYNOTES DO NOT SCALE DRAWINGS CONTRACTOR TO VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS-NOTIFY ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNING CONSTRUCTION PROJECT NUMBER SHEET NUMBER DATE OF PRINTING - 14901 QUORUM DRIVE SUITE 600 DALLAS, TEXAS 75254 DESIGN & DEVELOPMENT, LLC. 07/31/2025 11/15/2024 12:13:02 PMAutodesk Docs://J Alexander's - Prosper TX/J Alexanders Prototype v24.1.2 Facade.rvtA-200.1 24.0016J. ALEXANDER'S -PROSPERTHE GATES OF PROSPERHWY 380 & PRESTON RDPROSPER, TX 75080ELEVATIONS -EXTERIOR DRAWING ISSUE NO DESCRIPTION DATE SCALE:3/16" = 1'-0"1 EXTERIOR - LEFT ELEVATION - SOUTHWEST SCALE:3/16" = 1'-0"2 EXTERIOR - FRONT ELEVATION - SOUTHEAST LEFT ELEVATION SURFACE NET AREA MATERIAL TYPE AREA RATIO BR-01 555 SF 32% BR-02 372 SF 22% BR-03 102 SF 6% MT-01 195 SF 11% ST-01 506 SF 29% TOTAL: 5 1731 SF 100% LEFT ELEVATION SURFACE GROSS AREA MATERIAL TYPE AREA RATIO BR-01 555 SF 27% BR-02 372 SF 18% BR-03 102 SF 5% GL-01 307 SF 15% MT-01 195 SF 10% ST-01 506 SF 25% TOTAL: 6 2038 SF 100% SCALE:3/16" = 1'-0"1.1 LEFT PROJECTION PLAN SCALE:3/16" = 1'-0"2.1 FRONT PROJECTION PLAN FACADE PLAN GATES OF PROSPER -PHASE 3 J ALEXANDERS DEVAPP -24-0112 BEING 2.06 ACRES OUT OF THE BRADLY SURVEY ABSTRACT NO. 86 TOWN, COLLIN COUNTY, TEXAS SUBMITTED: JULY 2, 2024 FRONT ELEVATION SUFACE GROSS AREA MATERIAL TYPE AREA RATIO BR-01 727 SF 26% BR-02 36 SF 1% BR-03 238 SF 9% GL-01 870 SF 31% MT-01 265 SF 10% ST-01 635 SF 23% TOTAL: 6 2772 SF 100% FRONT ELEVATION SURFACE NET AREA MATERIAL TYPE AREA RATIO BR-01 727 SF 38% BR-02 36 SF 2% BR-03 238 SF 13% MT-01 265 SF 14% ST-01 635 SF 33% TOTAL: 5 1902 SF 100% Page 170 Item 14. BRICK VENEER: BR-01 SIZE: Modular, Thin (3 5/8" x 7-5/8”x 1/2”) MFR: Upchurch Kimbrough –Watsontown Brick PRODUCT: Manhattan Series –Coal KT Clear BR-01.1-(3 5/8" x 3 5/8" x 1/2") BR-02 SIZE: Modular, Thin (2-1/4”x 7-5/8”x 9/16”) MFR: Upchurch Kimbrough –Marion Ceramics PRODUCT: Square Edge Vee Brick –510 Cobblestone BR-02.1 -(2-1/4”x 7-5/8”x 15/16”) BR-03 SIZE: Modular, Thin (2-1/4”x 7-5/8”x 9/16”) MFR: Upchurch Kimbrough –Marion Ceramics PRODUCT: Square Edge Vee Brick –710 Seashell BR-03.1-(2-1/4”x 7-5/8”x 15/16”) STONE VENEER: ST-01 PRODUCT: Upchurch Kimbrough –UK Blanco SIZE: Thin Veneer Limestone Flats Rocked - Sawn Top & Bottom Cut to Size (Nominal: 8”x Random Chopped Lengths x 1-1/2”) METAL TRIM: MT-01 (Secondary) USE: Ornamental metal as secondary material, per PD MFR: Pac-Clad PRODUCT: Pac-Tite WT Canted Fascia – Dark Bronze Anodized SIZE: 5-1/2”–13-1/2” GROUT: GR-09 MFR: CEMEX PRODUCT: Custom Color Masonry Cement – Cream 1100 SIZE: 3/8” LOCATION: BR-02, BR-03, ST-01 GR-10 MFR: CEMEX PRODUCT: Custom Color Masonry Cement – Midnight 1020 SIZE: 3/8” LOCATION: BR-01 ALUMINUM FINISH: MP-02 MFR: GEOLAM PRODUCT: Extruded aluminum channels with a wood-plastic composite black finish Size: 2" x 1 1/4" ABBREVIATIONS LEGEND 1. THIS FAÇADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION. 2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREEDBY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. 3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. 4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. 5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PERCENT. 6. ANY DEVIATION FROM THE APPROVED FAÇADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER. FACADE PLAN NOTES ARCHITECT: CONQUEST DESIGN AND DEVELOPMENT GROUP, LLC 14901 QUOROM DRIVE STE. 600 DALLAS, TEXAS 75254 PHONE: (214) 695-0290 CONTACT: DARYL ATWOOD OWNER: GOP #3, LLC 1 COWBOYS WAY FRISCO, TEXAS 75034 CONTACT: NICHOLAS LINK PHONE: (972)-497-4854 ENGINEER: (SUBMITTING AGENT) KIMLEY-HORN AND ASSOCIATES, INC. 260 EAST DAVIS STREET, SUITE 100 MCKINNEY, TEXAS 75069 TEL. NO. (469) 301-2580 CONTACT: KAITLIN MAHLMANN, P.E. PROJECT CONTACT INFORMATION T.O. SLAB 0' -0" T.O. DINING PARAPET 19' -6" T.O. KITCHEN PARAPET 22' -0" B.O. TOWER 25' -0" T.O. PATIO CANOPY 13' -0" T.O. FRONT PARAPET 18' -2" BR-01 BR-03 MT-01 BR-02 BR-01 ST-01 MT-01 ST-01 ST-01 ST-01 BR-02 MP-01 MT-01 MT-01 MT-01 ST-01 9 1 22 9 9 8 63 4 5 BR-02 ST-01 BR-01 2' - 8 1/8" 18' - 3 5/8" 22' - 6 1/4" 28' - 10 1/8" 22' - 1 1/8" 15' - 1" 3' - 8" 113' - 7 3/4" 24' - 0" 27' - 11" OVERALL BUILDING LENGTH 113' - 6 7/8" ST-01 ST-01 MECHANICAL EQUIPMENT BEHIND PARAPET WALL ROOF LINE BEYOND MP-02 ST-01ST-01ST-01 BR-02 MP-02 17' - 9 7/8"15' - 5 3/4"COOLER 126 SERVICE YARD 125 ICE 123 OFFICE 122 MECHANICAL 121 ELECTRICAL 120 FIRE RISER 119 10 7/8"T.O. SLAB 0' -0" T.O. DINING PARAPET 19' -6" T.O. KITCHEN PARAPET 22' -0" B.O. TOWER 25' -0" T.O. PATIO CANOPY 13' -0" T.O. FRONT PARAPET 18' -2" ST-01ST-01ST-01 ST-01 ST-01 BR-01 BR-02 BR-03 ST-01 MT-01 MT-01 MT-01 BR-03 ST-01 ST-01 MP-02 ST-01 BR-01 BR-01BR-01 MT-01 MT-01 9 4' - 1 1/2" 40' - 7 1/8" 28' - 4 1/2" 6' - 3 1/4" 24' - 0" 27' - 11" 1/2" 1'-0" OVERALL BUILDING LENGTH 89' - 9" BR-01.1 BR-02.1ARTICULATED LINTEL SURROUNDING WINDOWS, TYP AT ALL WINDOWS PATIO DINING 127 PDR 110 LIQUOR STORAGE 124 SERVICE YARD 125 PATIO WAITING 128 7' - 6 7/8"5' - 6 3/4"12' - 1 3/8"1. GREASE PUMP PORT. 2. CO2 REFILL PORT. 3. GAS SUPPLY AND METER. 4. SWITCH GEAR AND METER. 5. WATER SUPPLY. 6. FIRE SUPPLY LINE. 7. NOT USED. 8. KEY BOX FDC. 9. DOWNSPOUT NOZZLE. EXT. ELEVATIONS KEYNOTES DO NOT SCALE DRAWINGS CONTRACTOR TO VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS-NOTIFY ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNING CONSTRUCTION PROJECT NUMBER SHEET NUMBER DATE OF PRINTING - 14901 QUORUM DRIVE SUITE 600 DALLAS, TEXAS 75254 DESIGN & DEVELOPMENT, LLC. 07/31/2025 11/15/2024 12:13:33 PMAutodesk Docs://J Alexander's - Prosper TX/J Alexanders Prototype v24.1.2 Facade.rvtA-200.2 24.0016J. ALEXANDER'S -PROSPERTHE GATES OF PROSPERHWY 380 & PRESTON RDPROSPER, TX 75080ELEVATIONS -EXTERIOR REAR ELEVATION NET SURFACE AREA MATERIAL TYPE AREA RATIO BR-01 292 SF 12% BR-02 711 SF 28% BR-03 869 SF 34% MP-02 163 SF 6% MT-01 202 SF 8% ST-01 297 SF 12% TOTAL: 6 2533 SF 100% REAR ELEVATION GROSS SURFACE AREA MATERIAL TYPE AREA RATIO BR-01 292 SF 11% BR-02 711 SF 28% BR-03 869 SF 34% GL-01 24 SF 1% MP-02 163 SF 6% MT-01 202 SF 8% ST-01 297 SF 12% TOTAL: 7 2557 SF 100% DRAWING ISSUE NO DESCRIPTION DATE SCALE:3/16" = 1'-0"1 EXTERIOR - REAR ELEVATION - NORTHWEST SCALE:3/16" = 1'-0"1.1 REAR PROJECTION PLAN SCALE:3/16" = 1'-0"2 EXTERIOR - RIGHT ELEVATION - NORTHEAST SCALE:3/16" = 1'-0"2.1 RIGHT ELEVATION WALLS FACADE PLAN GATES OF PROSPER -PHASE 3 J ALEXANDERS DEVAPP -24-0112 BEING 2.06 ACRES OUT OF THE BRADLY SURVEY ABSTRACT NO. 86 TOWN, COLLIN COUNTY, TEXAS SUBMITTED: JULY 2, 2024 RIGHT ELEVATION GROSS SURFACE AREA MATERIAL TYPE AREA RATIO BR-01 664 SF 31% BR-02 123 SF 6% BR-03 199 SF 9% GL-01 399 SF 19% MT-01 203 SF 9% ST-01 554 SF 26% TOTAL: 6 2142 SF 100% RIGHT ELEVATION NET SURFACE AREA MATERIAL TYPE AREA RATIO BR-01 664 SF 38% BR-02 123 SF 7% BR-03 199 SF 11% MT-01 203 SF 12% ST-01 554 SF 32% TOTAL: 5 1743 SF 100% Page 171 Item 14. THIN BRICK VENEER ON CMU SOLIDER COURSE BRICK ON CMU DUMPSTER GATE: HARDI ARCHITECTURAL PANEL ON STEEL FRAMING STEEL POST 8' - 0" THIN BRICK VENEER ON CMU SOLIDER COURSE BRICK ON CMU 8' - 0" THIN BRICK VENEER ON CMU SOLIDER COURSE BRICK ON CMU 8' - 0" THIN BRICK VENEER ON CMU SOLIDER COURSE BRICK ON CMU PASSAGE GATE: HARDI ARCHITECTURAL PANEL ON STEEL FRAMING STEEL POST 8' - 0" A-200.38 A-200.3 7 A-200.3 A-200.3 9 6 11' - 6"8"11' - 6"29' - 0"16' - 0" 6' - 0 7/8" 3' - 4 3/4" 6' - 6 3/8" DIMENSION TO PROPERTY LINE 141' - 4" DIMENSION TO PROPERTY LINE 89' - 0" SIGHT LINESIGHT LINE DIMENSION TO PROPERTY LINE 79' - 0" SIGHT LINE 79' - 0"89' - 10"141' - 4" FIRE RISER 119 PDR 110 MEN'S 109 WOMEN'S 108 SERVICE YARD 125 ELECTRICAL 120 EMPLOYEE RR 118 OFFICE 122 COOK 112 ENTRY VESTIBULE 100 DINING 105 PATIO DINING 127 PATIO WAITING 128 ICE 123 LIQUOR STORAGE 124 COOLER 126 BAR 106ELEVATED DINING 103 MOP SINK 117 POT/PAN WASH 116 WARE WASH 115 BEVERAGE AREA 114 PREP 113 EXPO 111 WAITING AREA 101 HOST 102 BAR DINING 104 MECHANICAL 121 HALLWAY 107 T.O. SLAB 0' -0" T.O. DINING PARAPET 19' -6" T.O. KITCHEN PARAPET 22' -0"EXHAUST FAN21' - 3 1/2"RTU WALL SCREEN24' - 0"DO NOT SCALE DRAWINGS CONTRACTOR TO VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS-NOTIFY ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNING CONSTRUCTION PROJECT NUMBER SHEET NUMBER DATE OF PRINTING - 14901 QUORUM DRIVE SUITE 600 DALLAS, TEXAS 75254 DESIGN & DEVELOPMENT, LLC. 07/31/2025 11/15/2024 12:14:01 PMAutodesk Docs://J Alexander's - Prosper TX/J Alexanders Prototype v24.1.2 Facade.rvtA-200.3 24.0016J. ALEXANDER'S -PROSPERTHE GATES OF PROSPERHWY 380 & PRESTON RDPROSPER, TX 75080ELEVATIONS -EXTERIOR DRAWING ISSUE NO DESCRIPTION DATE 5 TRASH ENCLOSURE - 3D VIEW 1/4" = 1'-0"6 TRASH ENCLOSURE - FRONT ELEVATION 1/4" = 1'-0"7 TRASH ENCLOSURE - LEFT ELEVATION 1/4" = 1'-0"8 TRASH ENCLOSURE - REAR ELEVATION 1/4" = 1'-0"9 TRASH ENCLOSURE - RIGHT ELEVATION 1/4" = 1'-0"10 ENLARGED PLAN @ TRASH ENCLOSURE TRASH ENCLOSURE 1/16" = 1'-0"11 EXTERIOR - FRONT ELEVATION - SOUTHEAST SIGHT LINES 1/16" = 1'-0"12 EXTERIOR - RIGHT ELEVATION - NORTHEAST SIGHT LINES 1" = 160'-0"1 VICINITY MAP 1" = 50'-0"2 FACADE KEY PLAN NORTH 3/32" = 1'-0"3 KEY FLOOR PLAN 3/16" = 1'-0"4 CROSS SECTION FACADE PLAN GATES OF PROSPER -PHASE 3 J ALEXANDERS DEVAPP -24-0112 BEING 2.06 ACRES OUT OF THE BRADLY SURVEY ABSTRACT NO. 86 TOWN, COLLIN COUNTY, TEXAS SUBMITTED: JULY 2, 2024 Page 172 Item 14. Page 173 Item 14. Information Purpose: •Construct an 8,264 square foot restaurant with a 1,137 square foot outdoor patio. Conditions of Approval: •Town Council approval of the Façade Plan. Page 174 Item 14. Page 175 Item 14. Page 176 Item 14. Page 177 Item 14. 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: Notice of Appeals Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission on November 19, 2024. Per the Zoning Ordinance, the Town Council can direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plans and Site Plans acted on by the Planning & Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-24-0068 – Gates of Prosper, Phase 3, Block B, Lots 5-7 (Approved 6-0) 2. DEVAPP-24-0111 – Gates of Prosper, Phase 3, Block B, Lot 7 (Approved 6-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 178 Item 15. 12 23 10 10 13 FL FLFLFLFLFLFLFLFL 8 NOPARKINGNOPARKINGT7 7S SSSSSSSSSSSSSSSSSFL FLFL ZZTV TV SSVVFLFLFL FL FL FL FLFLFLFL T TTSG FLFLFLFLFL FLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFL FL FLFL FLFLFLFLFL FL FL FL FL FL FL PSSSSSSFTV 52 2 2 66 3 . 0 1 5 UG C A B L E M A R K ER A T T GGGF TV F F F SSSSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEONLYONLYRWRWRWRWRWRW RWSSSSG SGSS2 2 22 1 3 1 1 22 7 EV EV NO PAR KI N GFLFLFL FLFLFLFLFLFL F LNOPARKINGEVEV FL FL FLUGEUGEUGEUGEUGESGCOMMCOMMCOMMCOMMCOMMCOMMCOMMCOMMC O M MSSSGATES PKWY (90' ROW) PRESTON RD (VARIABLE WIDTH ROW)U.S . 3 8 0 (VAR IAB LE W IDTH ROW ) MAR K ET PL A C E D RI V E (90' ROW)666671672673674675662 660 661 661662664666665656 657 658659 660 658 659660 661663 666651652653654655 656 656 655 658 659660 661 662669663652653654 658 659658667WPWP WP WP WPFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLNO PAR KI N G NOPARKING141414312625514191113131561216164128FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLNOPARKINGNOPARKING28288141414147NO PAR KI N G FLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLNOPARKING1111111061211NO PAR KI N G 135991115125626NOPARKINGNOPARKINGNOPARKINGNOPARKING2626267SG SG TTTT2PSP-2 28 11 9 3 10 8 12 9 6 5 3NOPARKINGNOPARKING NOPARKINGNOPARKINGNOPARKING2 FL FL FLFL FL FL 13 9 9 13 8 FL FL FL FL FL FL FL 9 BLOCK B, LOT 7 2.06 ACRES BLOCK B, LOT 6 1.97 ACRES RETAIL/ RESTAURANT - 9,081 SF PATIO - 860 SF 1 STORY - 26'-6" RETAIL/ RESTAURANT - 8,883 SF PATIO - 550 SF 1 STORY - 26'-6" BLOCK B, LOT 5 1.67 ACRES RESTAURANT - 8,264 SF PATIO - 1,137 SF 1 STORY - 26'-6" BLOCK B-LOT3 PD-67/PD RETAIL/RESTAURANT 15.77 ACRES BLOCK B-LOT1 PD-67/PD 4.40 ACRES BLOCK B-LOT3 PD-67/PD RETAIL/RESTAURANT 15.77 ACRES ∆=0°46'22" R=695.00' L=9.37' CB=S0°23'11"E C=9.37' S31°43'12"W 73.75' S44°07'24"W 109.77' S37°09'28"W 348.81' S33°56'57"W 199.89' S37°09'28"W 13.92' S35°32'53"W 85.20'N90 ° 0 0 ' 0 0 "W 23 2 . 26 ' ∆=21°18'24" R=338.00' L=125.69' CB=S79°20'48"W C=124.97' S28°42'24"W 36.82'∆=6°58'57" R=546.00' L=66.54' CB=S3°29'29"E C=66.50' S0°00'00"E 67.89'∆=55°52'36" R=695.00' L=677.79' CB=S27°56'18"W C=651.24' ∆=20°55'51" R=695.00' L=253.89' CB=S66°20'32"W C=252.48' S35°37'22"W 37.03' N29°00'05"E 73.56' N27°15'28"E 40.66' N27°30'47"E 77.86' N31°43'12"E 73.75' ∆=1°54'21" R=2892.63' L=96.22' CB=N31°53'39"E C=96.22' ∆=1°15'22" R=3047.28' L=66.80' CB=N33°25'19"E C=66.80' N34°13'32"E 34.44'N35°52'29"E 61.71' N37°09'28"E 348.81' N52°46'40"W 64.55' N90°00'00"W 43.41' N0°00'00"E 30.75' ∆=27°58'38" R=632.50' L=308.84' CB=N22°38'40"W C=305.78' C=25.99' S28°42'24"W 36.82' S6°58'57"E 35.50' ∆=52°52'32" R=35.00' L=32.30' CB=S63°33'44"W C=31.17'N90 ° 0 0 ' 0 0 "W 9 4 .4 3 ' ∆=37°09'28" R=135.00' L=87.55' CB=N71°25'16"W C=86.02' N52°50'32"W 24.95'S33°48'04"W 24.56'S52°52'32"E253.50'S52°50'54"E258.00'N37°07'28"E 182.54'N37°07'51"E 342.97'N37°07'28"E 331.86'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKKEM JCRLAST SAVED11/15/2024 10:54 AMPLOTTED BYWILBANKS, MACKENZIE 11/15/2024 10:57 AMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\068109076-PHASE 3\CAD\PLANSHEETS\PSPDWG NAMEPHASE 3 PSP.DWG , [ 24 x 36 ]IMAGES Town of Prosper Logo :XREFS xSurv-Ph3-Onsite : xBrdr : xSite-Ph3A : xStrm-Ph3A : xUtil-Ph3A : xUtil-Ph3 : xHtch : xSite-JA : xUtil-JA : xStrm-JA : xSite-Ph3B-PSP068109076THE GATES OFPROSPER - PHASE 3PROSPER, TEXAS© 2023 KIMLEY-HORN AND ASSOCIATES, INC.MARCH 2023PSP-1PRELIMINARY SITE PLAN0 GRAPHIC SCALE 80' 80'160' GOP #3, LLC 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWIMANHOLEMH TRANSFORMER PAD GRATE INLETGIJUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR NOTE: 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-67 2. FINAL DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 3. ALL DIMENSIONS PROVIDED ARE FROM THE FACE OF CURB. 4. PRIOR TO THE RELEASE FOR CONSTRUCTION, THE HATCHED PROPERTY WILL BE PLACED UNDER THE OWNERSHIP OF GOP#3 LLC AND THE TXDOT EASEMENT WILL BE RELEASED. VICINITY MAP N.T.S. US 380 HWY 289BNSF RAILROADRICHLAND BLVDCOLEMAN STLOVERS LN LOVERS LNPROJECT SITE CRAIG RDEXISTING FIRE LANE FL FL Kimley-Horn and Associates, Inc. 6160 Warren Parkway Suite 210 Frisco, TX 75034 Contact: Michael Marx, RPLS Phone: (972)-731-2191 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND NOTES Page 179 Item 15. 12 23 10 10 13 FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFL 8 NOPARKINGNOPARKINGT7 7S SSSTV T V TFLFLFLFLFL FLFLFL FL FLFLFLFLFLFLFL FLFL FLFL FL FT V 52 2266 3 . 0 1 5 UG C A B LE M A R KER A T T GGGFOHEOHE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHECOMMCOMMCOMMCOMMCOMMCOMMMH MH MH EX FH FH FH FHFH EX WE EX WE TO BE REMOVED EX CI EX CI CI CI CI CI FDCFDC FDC BLOCK B, LOT 1 EX WE PRESTON RD (VARIABLE WIDTH ROW)24'30' 24'30'30'9'(TYP)9'(TYP)20' (TYP)9'(TYP)18' (TYP) 101' TRANSITION 214' STORAGE 250' STORAGE 100' TRANSITION WM WMWM 5' LANDSCAPE BUFFER 666671672673674675662 661 657 658659 660 658 659660 661663 666654655 669663667 EX 6' SW PROP 6' SW 166' 5' LANDSCAPE BUFFERPATIO PATIO 5' LANDSCAPE BUFFER FH FH EX FH CI 24' 24'24'24'9'(TYP)20' (TYP)FLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLNO PAR KI N G NOPARKING1414143126255141911131315FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLNOPARKINGNOPARKING28288141414147NO PAR KI N GFLFL FLF L FL FL FL FL FL FL FL NOPARKING1110121113599111512626FLNOPARKINGNOPARKINGNOPARKINGNOPARKING26262672FH 18' (TYP) 5' LANDSCAPE BUFFER MIN 1000 GAL GREASE TRAP AND SAMPLE WELL LOCATION MIN 1000 GAL GREASE TRAP AND SAMPLE WELL LOCATION MIN 1000 GAL GREASE TRAP AND SAMPLE WELL LOCATION WMEX 15' DRAINAGE ESMT 15' DRAINAGE ESMT 10' WE EX 10' WE 2' OVERHANG R54' R30' R30' R30' R72' R20' R20' R20' R20'24' FIRE LANE, ACCESS AND UTILITY EASEMENT 24' FIRE LANE, ACCESS AND UTILITY EASEMENT R10' R10' R10' R10' R61' R10' R10' R10' R10' CI CI CI R10' R30' 2' OVERHANG 24' FIRE LANE, ACCESS AND UTILITY EASEMENT 24' FIRE LANE, ACCESS AND UTILITY EASEMENT R30' R30' 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' MASONRY WALL EX 10' WE 20' (TYP.) 18' (TYP.)9'(TYP)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)18'(TYP.)18'(TYP.)20'(TYP.) 9 ' (TYP . ) 9' (TYP.) 9' (TYP.) 18' (TYP.) 2' OVERHANG9'(TYP)18' (TYP.) 15' DRAINAGE ESMT 18'(TYP.)18'(TYP.)18'(TYP.)9' (TYP.) 9' (TYP.) 9' (TYP.) 18' (TYP.)20' (TYP.) 2' OVERHANG2' OVERHANG 2' OVERHANG 2' OVERHANG EX 15' WE EX 15' WE24'EX 15' WE EX 30' DE EX 10' WE 20'(TYP.)9' (TYP.) 2' OVERHANG EX 6' SW EX 6' SW 2' OVERHANG 9'(TYP)9'(TYP)CI 24' EX POWERPOLE TO REMAIN 18'(TYP.)18'(TYP.)18'(TYP.)18' (TYP.)9'(TYP)20' (TYP.)20'(TYP.)9' (TYP.)9'(TYP)R30' R30' R10' R10' PROP VALET DROP OFF ZONE 9'(TYP)2' OVERHANG CI EX OVERHEAD ELECTRIC TO REMAIN UNDERGROUND FIBER LINE TO REMAIN EX UNDERGROUND FIBER LINE TO REMAIN EX OVERHEAD ELECTRIC TO REMAIN 10' WE FH 30'30' LANDSCAPE ESMT, BUILDING SETBACK, PEDESTRIAN ACCESS EASEMENT 3 0 ' 30' LANDSCAPE ESMT, BUILDING SETBACK, PEDESTRIAN ACCESS EASEMENT 30' LANDSCAPE ESMT, BUILDING SETBACK, PEDESTRIAN ACCESS EASEMENT FH 10' WE10' WE 10' WE CI 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' MASONRY WALL 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' MASONRY WALL 13' 24' 26'21'14'4'10' R10' 5' LANDSCAPE BUFFER R10' R10'R10' TX DOT EASEMENT FOR HIGHWAY PURPOSES VOL. 628, PG.322, D.R.C.C.T PROPOSED ROW R3' R10' R10'R30' R54' R10' R10'20'R30' R30' R20' R20' R20' R20' R30' R30' R30' R30' R54' R54' R30' R30' R30' R30' R30' R30' 5' LANDSCAPE BUFFER PATIO18'R87' R54' R10' R10' 15' BUILDING SETBACK 28 11 9 3 10 8 12 9 6 5 3NOPARKINGNOPARKINGNOPARKINGNO PARKINGNOPARKING2 FL F L FL FL FL FL FL FL FL FL 13 9 9 13 8FL FL FL FL FL FL FL FL FL FL FL FL FL FL 9 PROPOSED VARIABLE WIDTH UTILITY EASEMENT PROPOSED 15' UTILITY EASEMENT PROPOSED 15' UTILITY EASEMENT BLOCK B, LOT 7 2.06 ACRES BLOCK B, LOT 6 1.97 ACRES RETAIL/ RESTAURANT - 9,081 SF PATIO - 860 SF 1 STORY - 26'-6" RETAIL/ RESTAURANT - 8,883 SF PATIO - 550 SF 1 STORY - 26'-6" BLOCK B, LOT 5 1.67 ACRES RESTAURANT - 8,264 SF PATIO - 1,137 SF 1 STORY - 26'-6" BLOCK B-LOT3 PD-67/PD RETAIL/RESTAURANT 15.77 ACRES S31°43'12"W 73.75' S44°07'24"W 109.77' S37°09'28"W 348.81' S37°09'28"W 13.92' N29°00'05"E 73.56' N27°15'28"E 40.66' N27°30'47"E 77.86' N31°43'12"E 73.75' ∆=1°54'21" R=2892.63' L=96.22' CB=N31°53'39"E C=96.22' ∆=1°15'22" R=3047.28' L=66.80' CB=N33°25'19"E C=66.80' N34°13'32"E 34.44'N35°52'29"E 61.71' N37°09'28"E 348.81' N52°46'40"W 64.55' N90°00'00"W 43.41' N0°00'00"E 30.75' ∆=27°58'38" R=632.50' L=308.84' CB=N22°38'40"W C=305.78' ∆=52°52'32" R=35.00' L=32.30' CB=S63°33'44"W C=31.17'N9 0 °0 0 ' 0 0 "W 9 4 . 4 3 ' ∆=37°09'28" R=135.00' L=87.55' CB=N71°25'16"W C=86.02' N52°50'32"W 24.95' S33°48'04"W 24.56'S52°52'32"E253.50'S52°50'54"E258.00'N37°07'28"E 182.54'N37°07'51"E 342.97'N37°07'28"E 331.86' CI PROP 15' BUILDING SETBACK PROP 15' BUILDING SETBACK PROP 15' BUILDING SETBACK PROP 15' BUILDING SETBACK SEE NOTE #4 FOR AREA HATCHED This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKKEM JCRLAST SAVED11/15/2024 10:54 AMPLOTTED BYWILBANKS, MACKENZIE 11/15/2024 10:57 AMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\068109076-PHASE 3\CAD\PLANSHEETS\PSPDWG NAMEPHASE 3 PSP.DWG , [ 24 x 36 (3) ]IMAGES Town of Prosper Logo :XREFS xSurv-Ph3-Onsite : xBrdr : xSite-Ph3A : xStrm-Ph3A : xUtil-Ph3A : xUtil-Ph3 : xHtch : xSite-JA : xUtil-JA : xStrm-JA : xSite-Ph3B-PSP068109076THE GATES OFPROSPER - PHASE 3PROSPER, TEXAS© 2023 KIMLEY-HORN AND ASSOCIATES, INC.MARCH 2023PSP-2PRELIMINARY SITE PLAN00 50'100' GRAPHIC SCALE 50' GOP #3, LLC 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 VICINITY MAP N.T.S. US 380 HWY 289BNSF RAILROADRICHLAND BLVDCOLEMAN STLOVERS LN LOVERS LNPROJECT SITE CRAIG RDKimley-Horn and Associates, Inc. 6160 Warren Parkway Suite 210 Frisco, TX 75034 Contact: Michael Marx, RPLS Phone: (972)-731-2191 BLOCK B, LOT 7 ZONING/PROPOSED USE PD-67 LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) 8,264 GSF ADDITIONAL 1,137 SF PATIO BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 90 SURFACE SPACES TOTAL HANDICAP REQUIRED 4 SPACES TOTAL HANDICAP PROVIDED 4 SPACES USABLE OPEN SPACE REQUIRED 6,293 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 6,783 SQ. FT. (7.5%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (RESTAURANT/100)=83 SP (PATIO/200)=6 SP IMPERVIOUS SURFACE 50,647 SQ. FT. INTERIOR LANDSCAPING REQUIRED 1,350 SQ. FT. INTERIOR LANDSCAPING PROVIDED 2,954 SQ. FT. RESTAURANT 89,898 SF; 2.06 AC 9.19% 27'-11" 1 (STORY) .09:1 SITE DATA SUMMARY TABLE 89 SPACES BLOCK B, LOT 6 ZONING/PROPOSED USE PD-67 LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) 8,883 GSF (4441 RETAIL; 4442 REST) BUILDING HEIGHT MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 100 SURFACE SPACES TOTAL HANDICAP REQUIRED 5 SPACES TOTAL HANDICAP PROVIDED 5 SPACES USABLE OPEN SPACE REQUIRED 5,977 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 6,689 SQ. FT. (7.8%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED RESTAURANT/(100)= 45 SP RETAIL/(250)=18 SP PATIO/(200)= 3 SP IMPERVIOUS SURFACE 48,111 SQ. FT. 66 SPACES INTERIOR LANDSCAPING REQUIRED 1,560 SQ. FT. INTERIOR LANDSCAPING PROVIDED 2,840 SQ. FT. RESTAURANT/RETAIL 85,398.96 SF; 1.96AC 10.4% 40' 1 (STORY) .11:1 SITE DATA SUMMARY TABLE ADDITIONAL 550 SF PATIO BLOCK B, LOT 5 ZONING/PROPOSED USE PD-67 LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) 9,081 GSF (4540 RETAIL; 4541 REST) BUILDING HEIGHT MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 73 SURFACE SPACES TOTAL HANDICAP REQUIRED 3 SPACES TOTAL HANDICAP PROVIDED 4 SPACES USABLE OPEN SPACE REQUIRED 5,107 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 6,066 SQ. FT. (8.3%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED RESTAURANT/(100)= 46 SP RETAIL/(250)=19 SP PATIO/(200)= 5 SP IMPERVIOUS SURFACE 41,102 SQ. FT. 70 SPACES INTERIOR LANDSCAPING REQUIRED 1,125 SQ. FT. INTERIOR LANDSCAPING PROVIDED 2,888 SQ. FT. RESTAURANT/RETAIL 72,957.11 SF; 1.67AC 12.5% 40' 1 (STORY) .12:1 SITE DATA SUMMARY TABLE ADDITIONAL 860 SF PATIO TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWIMANHOLEMH TRANSFORMER PAD GRATE INLETGIJUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR EXISTING FIRE LANE FL FL ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND NOTES NOTE: 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-67 2. FINAL DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 3. ALL DIMENSIONS PROVIDED ARE FROM THE FACE OF CURB. 4. PRIOR TO THE RELEASE FOR CONSTRUCTION, THE HATCHED PROPERTY WILL BE PLACED UNDER THE OWNERSHIP OF GOP#3 LLC AND THE TXDOT EASEMENT WILL BE RELEASED. Page 180 Item 15. SFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLG GGGFOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB FIB 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT N57°27'18"W97.02'∆=4°34'46" R=250.00' L=19.98' CB=N55°09'55"W C=19.98'S52°52'32"E196.32'S37°07'05"W 331.86'S52°52'32"E223.49'SH 289 (S PREST O N R D ) (VARIABLE WID T H R O W ) 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT R30' R54' R30'R30' R30' R54' PROP FH PROP 10' WE FH BY OTHERS 10' WE 10' WE DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL R30'R30' R30' EX MH FDC 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK PROP SINGLE PHASE TRANSFORMER PAD N27°38'45"E 156.60' N31°48'44"E 171.02' 30' LANDSCAPE EASEMENT, BUILDING SETBACK, AND PEDESTRIAN ACCESS EASEMENT 2' OVER HANG EASEMENT 2' OVER HANG EASEMENT PROP CI PROP CI PROP CI EX 15' STORM EASEMENT R10'R10' R10' R10'R10' R20' R20'R20' R20' 5' LANDSCAPE SETBACK8'11'4'10' R10'R10' WI EX 10' WE EX FH EX 10' WE EX FH BFR BY OTHERS 12 23 10 10 13 FLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL F L FLFLFLFLFLFLFLFLFLFLFLFL8 NOPARKINGNOPARKING6'-8 1/2"23'-5" 31'-0" 4'-2 1/2"4'-1 1/2"4'-1" 5'-9 1/2"25'-2 1/2" 8'-1"TFLF L FL FL FL FLFLFLFLFLFLFLFLFLFL7 7 5'30'BUILDING 8,264 SQ FT 27'-11" HEIGHT RESTAURANT 24'20'(TYP.)9' (TYP.)9'(TYP.)18' (TYP.)9'(TYP.)18' (TYP.) 9' (TYP.)18'(TYP.)18'9'18'28'24'10'9' (TYP.)18'(TYP.)8'10'20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)PROP WM 18' UTILITY EASEMENT 9'10'91'113'140'110'218' R10'R10' 24' R10'R10' R10' 5' LANDSCAPE BUFFER 10' BFR BY OTHERS660 6656656586596616 6 2 6 6 2 6626 6 3 6 6 3 6636646 6 4 6646 6 4 664665665 662 663 664 B A R50' PROP VALET DROP OFF ZONEEX POWER POLE TO REMAIN EX POWER POLE PROP 15' STORM EASEMENT EX OVERHEAD ELECTRIC TO REMAIN EX FIBER LINE TO REMAIN 6' SIDEWALK BY OTHERS 1500 GALLON GREASE TRAP MIN 50' CLEAR SPACE FOR DUMPSTER MANEUVERING AREA RISER ROOM TEMPORARY FIRE LANE TURN AROUND OUTDOOR DINING 1137 SQUARE FEET28'9'6' 26' 10' WE 2' OVERHANG EASEMENT 15' BUILDING SETBACK 15' BUILDING SETBACK 15' BUILDING SETBACK EXISTING 30' FIRE LANE, ACCESS, DRAINAGE, UTILITY EASEMENT 14' 30' LANDSCAPE EASEMENT, BUILDING SETBACK, AND PEDESTRIAN ACCESS EASEMENT PROPOSED VARIABLE WIDTH UTILITY EASEMENT PRIOR TO THE RECORDATION OF THE PLAT, THE HATCHED PROPERTY WILL BE PLACED UNDER THE OWNERSHIP OF GOP #3 LLC AND THE TXDOT EASEMENT WILL BE RELEASED.” 15' UTILITY EASEMENT 15' WATER EASEMENT BY OTHERS 15' WATER EASEMENT TX DOT EASEMENT FOR HIGHWAY PURPOSES VOL.628, PG.322, D.R.C.C.T This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928KEMEMJCRLAST SAVED11/7/2024 12:54 PMPLOTTED BYMARTINEZ, EDUARDO 11/7/2024 1:05 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\068109076-PHASE 3\J ALEXANDERS\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGES Frisco Logo - BW No Shadow :XREFS xBrdr : xSurv-Ph3-Onsite : xSite-Ph3A : xStrm-Ph3A : xUtil-Ph3A : xSite-JA : xSite-Ph3B : xUtil-JA : xHtch-JA : xStrm-JA : xHard-JA068109076© 2024 KIMLEY-HORN AND ASSOCIATES, INC.07/10/2024GATES OF PROSPERPHASE 3J ALEXANDERSPROSPER, TEXASC-03SITE PLAN00 20'40' GRAPHIC SCALE 20' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR VICINITY MAP N.T.S. US 380 HWY 289BNSF RAILROADRICHLAND BLVDCOLEMAN STLOVERS LN LOVERS LNPROJECT LOCATION ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND NOTES SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67 LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) 8,264 GSF 1,137 OUTDOOR DINING GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 90 SURFACE SPACES TOTAL HANDICAP REQUIRED 4 SPACES TOTAL HANDICAP PROVIDED 4 SPACES USABLE OPEN SPACE REQUIRED 6,293 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 6,875 SQ. FT. (7.6%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT 1:200 FOR PATIO) IMPERVIOUS SURFACE 50,647 SQ. FT. 89 SPACES INTERIOR LANDSCAPING REQUIRED 1,350 SQ. FT. INTERIOR LANDSCAPING PROVIDED 2,220 SQ. FT. RESTAURANT 89,898 SF; 2.06 AC 9.19% 27'-11" 1 (STORY) .09:1 GOP #3, LLC 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 Know what'sbelow. before you dig.Call TOWN OF PROSPER STATION NO. 4 BRONZE DISK STAMPED "TOWN OF PROSPER SURVEY MONUMENT" LOCATED AT THE NORTHWEST CORNER OF A CURB INLET LYING ON THE WEST SIDE OF S. MAIN AND 30'± SOUTH OF W. 3RD STREET. PUBLISHED ELEV: 666.47' MEASURED ELEV: 666.82' BM# 2000 SQUARE WITH “X” CUT LOCATED ON THE SOUTH SIDE OF A CONCRETE CURB INLET ON THE SOUTH SIDE OF RICHLAND BOULEVARD LOCATED APPROXIMATELY 80 FEET SOUTHEAST FROM THE CENTERLINE OF GATEWAY DRIVE. ELEV.= 657.47 BM# 2001 SQUARE WITH “X” CUT LOCATED ON THE WEST SIDE OF A CONCRETE CURB INLET LOCATED ON THE WEST SIDE OF GATEWAY DRIVE AND APPROXIMATELY 100 FEET SOUTH OF THE CENTERLINE OF LOVERS LANE. ELEV.= 661.89 BM# 2002 SQUARE WITH “X” CUT ON THE BACK OF A CONCRETE CURB INLET LOCATED APPROXIMATELY 800 FEET SOUTH OF THE ROUND-A-BOUT ON RICHLAND BOULEVARD, WEST OF PRESTON ROAD ELEV.= 658.02 BENCH MARK LIST SAN. SEWNO.SIZEI.D.SAN. SEW 12"DOMESTIC NO.SIZETYPEI.D. WATER METER SCHEDULE 1- 6" 12"IRRIGATION -B A S PRESTON RDPage 181 Item 15. Page 182 Item 15. Information Purpose: •Construct two restaurant/retail buildings and one restaurant building totaling 26,228 square feet. •Lot 5 –Restaurant/Retail Building (9,081 SF) •Lot 6 –Restaurant/Retail Building (8,883 SF) •Lot 7 –Restaurant (8,264 SF) Page 183 Item 15. Page 184 Item 15. Page 185 Item 15. Information Purpose: •Construct an 8,264 square foot restaurant with a 1,137 square foot outdoor patio. Conditions of Approval: •An adjustment of a TxDOT easement and property ownership along Preston Road prior to the release for construction. •Town Council approval of the Façade Plan. Page 186 Item 15. Page 187 Item 15. Page 1 of 2 To: Mayor and Town Council From: Chuck Ewings, Assistant Town Manager Through: Mario Canizares, Town Manager Re: Resolution Calling Public Hearing for TIRZ No. 3 Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Consider a resolution setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 684.88 acres of land generally located East of North Dallas Parkway, North of U.S. Highway 380, West of Preston Road, and South of West Prosper Trail. Description of Agenda Item: The Downtown Master Plan makes several recommendations regarding the financing of improvements in the downtown area. One of the key recommendations is the creation of a Tax Increment Reinvestment Zone (TIRZ) to support redevelopment projects. If approved, this would be the third TIRZ established in Prosper and include downtown and adjacent areas within the proposed boundaries. The boundary map is included in the attached resolution. If the resolution is approved, a public hearing will be held prior to approval of the creation ordinance on December 10, 2024. Property values within the proposed zone as of January 1, 2025, will be the established-based values. The finance plan projects approximately $15 Million in revenue for eligible projects. 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. Resolution 2. Finance Plan ADMINISTRATION Page 188 Item 16. Page 2 of 2 Town Staff Recommendation: Town Staff recommends that the Town Council approve a resolution setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 684.88 acres of land generally located East of North Dallas Parkway, North of U.S. Highway 380, West of Preston Road, and South of West Prosper Trail. Proposed Motion: I move to approve/deny a resolution setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 684.88 acres of land generally located East of North Dallas Parkway, North of U.S. Highway 380, West of Preston Road, and South of West Prosper Trail. Page 189 Item 16. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE CONTAINING APPROXIMATELY 684.88 ACRES OF LAND GENERALLY LOCATED EAST OF N DALLAS PARKWAY, NORTH OF U.S. HIGHWAY 380, WEST OF N PRESTON ROAD, SOUTH OF W PROSPER TRAIL, AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE TOWN SECRETARY OF THE TOWN OF PROSPER, TEXAS, REGARDING THE PUBLIC HEARING; AND DIRECTING THE TOWN OF PROSPER, TEXAS TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. WHEREAS, the Town of Prosper, Texas (the "Town"), is authorized under Chapter 311 of the Texas Tax Code, as amended (the "Act"), to create a tax increment reinvestment zone within its corporate limits and extraterritorial jurisdiction; and WHEREAS, the Town Council of the Town (the "Town Council") wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone containing approximately 684.88 acres of land generally located east of N Dallas Parkway, north of U.S. Highway 380, west of N Preston Road, south of W Prosper Trail, and being wholly located within the corporate limits of the Town (the "Zone"), with the boundaries of the Zone being generally depicted in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the Town no later than the 7th day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the Town Council has determined to hold a public hearing on December 10, 2024, on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1. That a public hearing is hereby called for December 10, 2024, at 6:15 p.m., in the Prosper Town Hall Council Chambers 250 W First Street, Prosper, Texas 75078, for the purpose of hearing any interested person speak for or against: (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing. SECTION 2. That at such time and place the Town Council will hear testimony regarding (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing and will provide a reasonable opportunity for Page 190 Item 16. Resolution No. 2024-XX, Page 2 the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the Town Council will consider the adoption of an ordinance creating the Zone and other related matters. SECTION 3. That attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. SECTION 4. That the Town Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto as Exhibit B in a newspaper of general circulation in the Town no later than the 7th day before the date of the hearing on December 10, 2024. SECTION 5. That before the December 10, 2024, Public Hearing concerning the Zone, the Town shall prepare a preliminary reinvestment zone project and finance plan. SECTION 6. That this resolution shall be in full force and effect from and after its passage and it is accordingly so resolved. DULY RESOLVED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF NOVEMBER, 2024. David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FROM: __________________________________ Terrence S. Welch, Town Attorney Page 191 Item 16. Exhibit A – Depiction of the Proposed Zone Page 192 Item 16. Exhibit B TOWN OF PROSPER TOWN COUNCIL NOTICE OF PUBLIC HEARING ON CREATION OF A REINVESTMENT ZONE THE TOWN OF PROSPER TOWN COUNCIL WILL HOLD A PUBLIC HEARING ON DECEMBER 10, 2024 AT 6:15 P.M THE PROSPER TOWN HALL COUNCIL CHAMBERS, 250 W FIRST STREET, PROSPER, TEXAS 75078, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE TOWN OF PROSPER AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED ZONE, WHICH PROPOSED REINVESTMENT ZONE CONTAINS APPROXIMATELY 684.88 ACRES OF LAND GENERALLY LOCATED EAST OF N DALLAS PARKWAY, NORTH OF U.S. HIGHWAY 380, WEST OF N PRESTON ROAD, SOUTH OF W PROSPER TRAIL, AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS. A MAP DEPICTING THE BOUNDARIES OF THE PROPOSED REINVESTMENT ZONE IS AVAILABLE IN THE OFFICE OF THE TOWN SECRETARY AT 250 W FIRST STREET, PROSPER, TEXAS 75078, AND IS AVAILABLE FOR PUBLIC INSPECTION. AT THE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINST THE INCLUSION OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, THE CREATION OF THE PROPOSED REINVESTMENT ZONE, ITS BOUNDARIES AND/OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, THE TOWN COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE AND OTHER RELATED MATTERS. Page 193 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN DECEMBER 10, 2024 Page 194 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 1 TABLE OF CONTENTS Table of Contents .......................................................................................................................................... 1 Section 1: Definitions .................................................................................................................................... 2 Section 2: Introduction ................................................................................................................................. 4 Section 3: Description and Maps .................................................................................................................. 6 Section 4: Proposed Changes to Ordinances, Plans, Codes, Rules, and Regulations ................................... 6 Section 5: Relocation of Displaced Persons .................................................................................................. 6 Section 6: Estimated Non-Project Costs ....................................................................................................... 7 Section 7: Proposed Public Improvements ................................................................................................... 7 Section 8: Estimated Project Costs ............................................................................................................... 7 Section 9: Feasibility Study ........................................................................................................................... 8 Section 10: Estimated Bonded Indebtedness ............................................................................................... 8 Section 11: Appraised Value ......................................................................................................................... 9 Section 12: Method of Financing .................................................................................................................. 9 Section 13: Duration of the Zone, Termination ............................................................................................ 9 List of Exhibits ............................................................................................................................................. 11 Exhibit A – Map of the Zone........................................................................................................................ 12 Exhibit B – Non-Project Costs ..................................................................................................................... 13 Exhibit C – Project Costs.............................................................................................................................. 14 Exhibit D – Estimated Timeline of Incurred Project Costs .......................................................................... 15 Exhibit E – Feasibility Study......................................................................................................................... 16 Exhibit F – Proposed Uses of the Property ................................................................................................. 17 Exhibit G – Map of the Public Improvements ............................................................................................. 18 Exhibit H – Parcel Identification .................................................................................................................. 19 Page 195 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 2 SECTION 1: DEFINITIONS Capitalized terms used in this Preliminary Plan shall have the meanings given to them in Section I below unless otherwise defined in this Preliminary Plan or unless the context in which a term is used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section,” or an “Exhibit,” shall be a reference to a Section of this Preliminary Plan or an Exhibit attached to and made a part of this Preliminary Plan for all purposes. “Act” means Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended. “Administrative Costs” means the actual, direct costs paid or incurred by or on behalf of the Town to administer the Zone, including reasonable charges for the time spent by employees of the Town in connection with the implementation of the Final Plan, planning, engineering, legal services, organizational costs, publicizing costs, costs of operating the Zone and project facilities paid by or on behalf of the Town that are directly related to the administration of the Zone, as well as payments made at the discretion of the governing body of the municipality that it finds necessary or convenient to the creation of the Zone or to the implementation of the Final Plan for the Zone. “Appraisal District” means the Collin Central Appraisal District. “Board” means the Board of Directors for the Zone. “Captured Appraised Value” means the new taxable value generated beyond the Tax Increment Base for each year during the term of the Zone. “County” means Collin County, Texas. “County Participation Agreement” means that certain agreement anticipated to be entered into by the Town and the County detailing the County’s participation in the Zone. “County TIRZ Increment” means the portion of the County’s ad valorem tax increment equal to fifty percent (50%) of the ad valorem real property taxes collected and received by the County on the Captured Appraised Value in the Zone, pursuant to the County Participation Agreement, as further described in Section 12. “Creation Ordinance” means Ordinance No. _________ adopted by the Town on December 10, 2024, creating and designating the Zone. Page 196 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 3 “Feasibility Study” means the economic feasibility study as prepared at the time of this Preliminary Plan and updated when the Final Plan is updated or amended, and focuses only on direct financial benefits, as further described in Section 9 and shown on Exhibit E. “Final Plan” means the future Reinvestment Zone Number Three, Town of Prosper, Texas Final Project and Finance Plan. “Preliminary Plan” means this Reinvestment Zone Number Three, Town of Prosper, Texas Preliminary Project and Finance Plan. “Project Costs” means the total costs for projects in the Zone, including the cost of the Public Improvements and Administrative Costs. “Property” means 684.88 acres of land as depicted on Exhibit A and identified on Exhibit H. “Public Improvements” means the proposed public improvements to be financed by the Zone, which includes streets and sidewalks, water, sewer, and storm drainage, as depicted on Exhibit G and detailed on Exhibit C. “Tax Increment Base” means total appraised value of taxable real property in the Zone at the time of creation of the Zone. “TIRZ No. 3 Fund” means the tax increment fund created by the Town and segregated from all other funds of the Town. “Town” means the Town of Prosper, Texas. “Town Council” means the governing body of the Town. “Town TIRZ Increment” means the portion of the Town’s ad valorem tax increment equal to fifty percent (50%) of the ad valorem real property taxes collected and received by the Town on the Captured Appraised Value in the Zone, as further described in Section 12. “Zone” means Reinvestment Zone Number Three, Town of Prosper, Texas, as depicted on Exhibit A and identified on Exhibit H. Page 197 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 4 SECTION 2: INTRODUCTION 2.1 Authority and Purpose The Town has the authority under the Act to designate a contiguous or noncontiguous geographic area within the corporate limits or extraterritorial jurisdiction of the Town as a tax increment reinvestment zone to promote development or redevelopment of the area because the Town Council determined that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future, that the Zone is economically feasible, and that creation of the Zone is in the best interest of the Town and the property in the Zone. The purpose of the Zone is to facilitate such development or redevelopment by financing the costs of public works, public improvements, programs, and other projects benefiting the Zone, plus other costs incidental to those expenditures, all of which costs are authorized by the Act. 2.2 Eligibility Requirements An area is eligible under the Act to be designated as a tax increment reinvestment zone if the area: 1) substantially arrests or impairs the sound growth of the municipality designating the Zone, retard the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition; or 2) is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the Town; or 3) is in a federally assisted new community located in the Town or in an area immediately adjacent to a federally assisted new community; or 4) is in an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body of the Town by the owners of property constituting at least fifty percent (50%) of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. The Town cannot, however, designate a zone if more than thirty percent (30%) of the property in the proposed zone, excluding property that is publicly owned, is used for residential purposes, or if the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones exceeds fifty percent (50%) of the total appraised value of taxable real property in the Town and in industrial districts created by the Town. Page 198 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 5 2.3 Proposed Zone The Property within the proposed Zone is currently located within the corporate limits of the Town. The Property is primarily open, undeveloped, or underdeveloped, and substantially impairs and arrests the sound growth of the Town. Due to its size, location, and physical characteristics development would not occur solely through private investment in the foreseeable future. The Property lacks public infrastructure and requires economic incentive to attract development for the purpose of providing long-term economic benefits including, but not limited to, increased real property tax base for all taxing units in the Zone. If the Public Improvements are financed as contemplated by this Preliminary Plan, the Town envisions that the Property will be developed to take full advantage of the opportunity to bring the Town and County a quality development. 2.4 Preliminary Plan and Hearing Before the Town Council adopts the Creation Ordinance, the Town Council must prepare a preliminary project and financing plan in accordance with the Act and hold a public hearing on the creation of the Zone and its benefits to the Town and to the Property, at which public hearing interested persons shall be given the opportunity to speak for and against the creation of the Zone, the boundaries of the Zone and the concept of tax increment financing, and at which hearing the owners of the Property shall be given a reasonable opportunity to protest the inclusion of their Property in the Zone. The requirement of the Act for a preliminary project and financing plan was satisfied by this Preliminary Plan, the purpose of which was to describe, in general terms, the Public Improvements that will be undertaken and financed by the Zone. A description of how such Public Improvements and projects will be undertaken and financed shall be determined by the Final Plan, which requires approval by the Board and Town Council. 2.5 Creation of the Zone Upon the closing of the above referenced public hearing, the Town Council shall consider the Creation Ordinance and the following findings: 1) that development or redevelopment of the Property would not occur solely through private investment in the reasonably foreseeable future, and 2) that the Zone is feasible, and 3) that improvements in the Zone will significantly enhance the value of all the taxable real property in the Zone and will be of general benefit to the Town, and 4) that the Zone meets the eligibility requirements of the Act. Among other provisions required by the Act, the Creation Ordinance shall appoint the Board. Page 199 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 6 2.6 Board Recommendations After the creation of the Zone, the Board shall review the Final Plan and recommend its approval to the Town Council pursuant to which the Town shall contribute the Town TIRZ Increment into the TIRZ No. 3 Fund, in accordance with the Final Plan, to pay a portion of the Project Costs benefiting the Zone. SECTION 3: DESCRIPTION AND MAPS 3.1 Existing Uses and Conditions The Property is currently zoned Retail/Commercial, Office/Service, Agricultural, Single Family, Multi-Family, and Mixed Use. The Property is primarily undeveloped or underdeveloped, and there is limited and inadequate public infrastructure to support development. Development requires extensive public infrastructure that: (1) the Town could not provide, and (2) would not be provided solely through private investment in the foreseeable future. 3.2 Proposed Uses The proposed uses of the Property in the Town include residential, commercial, retail, and mixed use, as shown on Exhibit F. 3.3 Parcel Identification The parcels identified on Exhibit H provide sufficient detail to identify with ordinary and reasonable certainty the territory included in the Zone. SECTION 4: PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND REGULATIONS The Property is wholly located in the corporate limits of the Town and is subject to the Town’s zoning regulation. The Town has exclusive jurisdiction over the subdivision and platting of the property within the Town limits as well as the design, construction, installation, and inspection of water, sewer, drainage, roadway, and other public infrastructure. No proposed changes to zoning ordinances, comprehensive plan, building codes, subdivision rules, or other municipal ordinances will impact existing residents within the Zone. SECTION 5: RELOCATION OF DISPLACED PERSONS No persons shall be displaced and in need of relocation due to the creation of the Zone or due to the implementation of the Final Plan. Page 200 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 7 SECTION 6: ESTIMATED NON-PROJECT COSTS Non-Project Costs are costs that will be spent to develop in the Zone but will not be financed by the Zone, and will be financed by other funds. The list of Non-Project Costs is shown on Exhibit B, and are estimated to be approximately $159,731,032. SECTION 7: PROPOSED PUBLIC IMPROVEMENTS 7.1 Categories of Public Improvements All Public Improvements shall be designed and constructed in accordance with all applicable Town standards and shall otherwise be inspected, approved, and accepted by the Town. At the Town's option, the Public Improvements may be expanded to include any other category of improvements authorized by the Act, including Texas Local Government Code Chapter 380. 7.2 Location of Public Improvements The estimated locations of the proposed Public Improvements are depicted on Exhibit G. These locations may be revised, with the approval of the Town, from time to time without amending the Final Plan. SECTION 8: ESTIMATED PROJECT COSTS 8.1 Project Costs The total Project Costs for projects in the Zone, which includes the cost of the Public Improvements and the Administrative Costs, are estimated to be approximately $175,505,681, as shown on Exhibit C. 8.2 Estimated Costs of Public Improvements The estimated cost of Public Improvements within the Zone is approximately $175,100,000, as shown on Exhibit C. 8.3 Estimated Administrative Costs The Administrative Costs are estimated to be $10,000 annually and escalating at two percent (2%) thereafter, and shall be paid each year from the TIRZ No. 3 Fund before the costs of Public Improvements are paid. Page 201 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 8 8.5 Estimated Timeline of Incurred Costs The Administrative Costs will be incurred annually beginning at the time the Zone is created and through the duration of the Zone. It is estimated the costs of the Public Improvements will be incurred between calendar years 2025 and 2037, as shown on Exhibit D. SECTION 9: FEASIBILITY STUDY The Feasibility Study, as shown on Exhibit E, focuses on only direct financial benefits (i.e. ad valorem tax revenues from the development of Public Improvements in the Zone). Based on the Feasibility Study, during the term of the Zone, new development (which would not have occurred but for the Zone) will generate approximately $30,737,935 in total new real property tax revenue, and the contributing taxing entities will retain $15,368,968. The Feasibility Study shows the cumulative Town TIRZ Increment is estimated to be $11,861,254, which will be available to pay a portion of the Project Costs, until the term expires or is otherwise terminated. The remainder of the new Town real property tax revenue generated within the Zone and retained by the Town is estimated to be $11,861,254 over the remaining term. The Feasibility Study shows the cumulative County TIRZ Increment, if applicable, is estimated to be $3,507,713, which will be available to pay a portion of the Project Costs, until the term expires or is otherwise terminated, pursuant to the County Participation Agreement. The remainder of the new County real property tax revenue generated within the Zone and retained by the County is estimated to be $3,507,713 over the remaining term. One hundred percent (100%) of all taxing revenues generated for other taxing entities by the new development within the Zone will be retained by the respective taxing entities, unless the taxing entity participates in the Zone. Based on the foregoing, the feasibility of the Zone has been demonstrated. SECTION 10: ESTIMATED BONDED INDEBTEDNESS No tax increment reinvestment zone bonds or public indebtedness by the Town secured by the tax increments pursuant to the Act, is contemplated. Page 202 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 9 SECTION 11: APPRAISED VALUE 11.1 Tax Increment Base The Tax Increment Base of the Zone at the time of creation is estimated to be $312,570,799 shall be confirmed by the Appraisal District. Each year, the Appraisal District shall confirm the current Captured Appraised Value. 11.2 Estimated Captured Appraised Value It is estimated that upon expiration of the term of the Zone, the total Captured Appraised Value of taxable real property in the Zone will be approximately $327,409,183, as shown on Exhibit E. The actual Captured Appraised Value, as certified by the Appraisal District, for each year, will be used to calculate the annual Town TIRZ Increment and County TIRZ Increment, if applicable. SECTION 12: METHOD OF FINANCING The Final Plan shall obligate the Town to deposit the Town TIRZ Increment into the TIRZ No. 3 Fund beginning in 2025. For example, in FY 2025, the Town’s ad valorem tax rate was $0.50500 per $100 of taxable value, therefore the Town would contribute $0.25250 per $100 of the Captured Appraised Value in the Zone levied and collected, to the TIRZ No. 3 Fund. If applicable, the County Participation Agreement shall obligate the County to deposit the County TIRZ Increment into the TIRZ No. 3 Fund beginning in 2025. For example, in FY 2025, the County’s ad valorem tax rate was $0.14934 per $100 of taxable value, therefore the County would contribute $0.07467 per $100 of the Captured Appraised Value in the Zone levied and collected, to the TIRZ No. 3 Fund. All payments of Project Costs shall be made solely from the TIRZ No. 3 Fund and from no other funds of the Town or County, unless otherwise approved by their respective governing bodies, and the TIRZ No. 3 Fund shall only be used to pay the Project Costs in accordance with the Final Plan. SECTION 13: DURATION OF THE ZONE, TERMINATION 13.1 Duration The stated term of the Zone shall commence upon the execution of the Creation Ordinance and shall continue until December 31, 2054, with the last payment being due by January 31, 2055, unless otherwise terminated in accordance with the Creation Ordinance and Section 13.2 below. Page 203 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 10 13.2 Termination The Zone shall terminate on the earlier of (i) December 31, 2054, or (ii) at such time that the Project Costs have been paid in full. If upon expiration of the stated term of the Zone, the obligations of the Zone have not been fully funded by the TIRZ No. 3 Fund, the Town or County shall have no obligation to pay the shortfall and the term shall not be extended. Nothing in this section is intended to prevent the Town from extending the term of the Zone in accordance with the Act. Page 204 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 11 LIST OF EXHIBITS Unless otherwise stated, all references to "Exhibits" contained in this Preliminary Plan shall mean and refer to the following exhibits, all of which are attached to and made a part of this Preliminary Plan for all purposes. Exhibit A Map of the Zone Exhibit B Non-Project Costs Exhibit C Project Costs Exhibit D Estimated Timeline of Incurred Project Costs Exhibit E Feasibility Study Exhibit F Proposed Uses of the Property Exhibit G Map of the Public Improvements Exhibit H Parcel Identification Page 205 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 12 EXHIBIT A – MAP OF THE ZONE Page 206 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 13 EXHIBIT B – NON-PROJECT COSTS Total Cumulative TIRZ Revenue 15,368,968$ Total Public Improvement Costs 175,100,000$ Estimated Non-Project Costs 159,731,032$ Non-Project Costs1,2 Footnotes 1) Non-Project Costs are estimated to be the total Public Improvement Costs the less the Total Cumulative TIRZ Revenue. 2) Provided for illustrative purposes only, and subject to change. Page 207 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 14 EXHIBIT C – PROJECT COSTS Public Improvements Cost1,2 Street Projects Coleman (First St. to Prosper Tr)13,000,000$ First Street RR Grade Separation 20,000,000$ DNT Parallel Collector First St to North of US 380 15,000,000$ Fifth Street Quiet Zone 500,000$ Parks/Downtown Improvements Downtown Event Space 12,500,000$ Town Hall Open Space 2,100,000$ Parking Improvements 19,000,000$ Monumentation 1,600,000$ Landscape/Streetscape Improvements 3,000,000$ Storm Drainage Old Town Regional Detention Pond 400,000$ Facilities Recreation Center 40,000,000$ Library 45,000,000$ Water/Wastewater Old Water/Wastewater Line Replacement 3,000,000$ Public Improvement Subtotal 175,100,000$ Administrative Costs 405,681$ Total 175,505,681$ Footnotes 1) Per information provided by the Town for illustrative purposes only, and subject to change. 2) Project Costs will be paid with TIRZ Revenues as available. Any Project Costs not covered by TIRZ Revenues shall be considered Non-Project Costs and shall be funded by sources other than TIRZ Revenues, as shown on Exhibit B. Page 208 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 15 EXHIBIT D – ESTIMATED TIMELINE OF INCURRED PROJECT COSTS Annual Cumulative Base 2024 -$ -$ 1 2025 58,366,667$ 58,366,667$ 2 2026 -$ 58,366,667$ 3 2027 -$ 58,366,667$ 4 2028 -$ 58,366,667$ 5 2029 -$ 58,366,667$ 6 2030 58,366,667$ 116,733,333$ 7 2031 -$ 116,733,333$ 8 2032 -$ 116,733,333$ 9 2033 -$ 116,733,333$ 10 2034 -$ 116,733,333$ 11 2035 58,366,667$ 175,100,000$ 12 2036 -$ 175,100,000$ 13 2037 -$ 175,100,000$ 14 2038 -$ 175,100,000$ 175,100,000$ 1) Estimate provided for illustrative purposes only. 2) Does not illustrate Administrative Costs, which shall be incurred annually for the duration of the Zone. Zone Year Calendar Year Total Project Costs1,2 Total Footnotes Page 209 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 16 EXHIBIT E – FEASIBILITY STUDY %Annual Cumulative Annual Cumulative %Annual Cumulative Annual Cumulative Annual Cumulative Base 2024 312,570,799$ 1 2025 2%-$ 318,822,215$ 6,251,416$ 50%-$ -$ -$ -$ 50%-$ -$ -$ -$ -$ -$ 2 2026 2%18,040,000$ 343,238,659$ 30,667,860$ 50% 15,785$ 15,785$ 15,785$ 15,785$ 50%4,668$ 4,668$ 4,668$ 4,668$ 20,453$ 20,453$ 3 2027 2%-$ 350,103,432$ 37,532,633$ 50% 77,436$ 93,221$ 77,436$ 93,221$ 50% 22,900$ 27,568$ 22,900$ 27,568$ 100,336$ 120,789$ 4 2028 2%-$ 357,105,501$ 44,534,702$ 50% 94,770$ 187,991$ 94,770$ 187,991$ 50% 28,026$ 55,594$ 28,026$ 55,594$ 122,796$ 243,585$ 5 2029 2%-$ 364,247,611$ 51,676,812$ 50% 112,450$ 300,441$ 112,450$ 300,441$ 50% 33,255$ 88,849$ 33,255$ 88,849$ 145,705$ 389,290$ 6 2030 2%-$ 371,532,563$ 58,961,764$ 50% 130,484$ 430,925$ 130,484$ 430,925$ 50% 38,588$ 127,437$ 38,588$ 127,437$ 169,072$ 558,362$ 7 2031 2%18,040,000$ 397,003,215$ 84,432,416$ 50% 148,878$ 579,804$ 148,878$ 579,804$ 50% 44,028$ 171,465$ 44,028$ 171,465$ 192,906$ 751,268$ 8 2032 2%-$ 404,943,279$ 92,372,480$ 50% 213,192$ 792,995$ 213,192$ 792,995$ 50% 63,047$ 234,512$ 63,047$ 234,512$ 276,239$ 1,027,507$ 9 2033 0.0%-$ 404,943,279$ 92,372,480$ 50% 233,241$ 1,026,236$ 233,241$ 1,026,236$ 50% 68,976$ 303,487$ 68,976$ 303,487$ 302,216$ 1,329,723$ 10 2034 0.0%-$ 404,943,279$ 92,372,480$ 50% 233,241$ 1,259,476$ 233,241$ 1,259,476$ 50% 68,976$ 372,463$ 68,976$ 372,463$ 302,216$ 1,631,940$ 11 2035 2%-$ 413,042,144$ 100,471,345$ 50% 233,241$ 1,492,717$ 233,241$ 1,492,717$ 50% 68,976$ 441,439$ 68,976$ 441,439$ 302,216$ 1,934,156$ 12 2036 2%18,040,000$ 439,342,987$ 126,772,188$ 50% 253,690$ 1,746,407$ 253,690$ 1,746,407$ 50% 75,023$ 516,463$ 75,023$ 516,463$ 328,714$ 2,262,870$ 13 2037 2%-$ 448,129,847$ 135,559,048$ 50% 320,100$ 2,066,507$ 320,100$ 2,066,507$ 50% 94,663$ 611,125$ 94,663$ 611,125$ 414,762$ 2,677,632$ 14 2038 2%-$ 457,092,444$ 144,521,645$ 50% 342,287$ 2,408,794$ 342,287$ 2,408,794$ 50% 101,224$ 712,349$ 101,224$ 712,349$ 443,511$ 3,121,143$ 15 2039 2%-$ 466,234,293$ 153,663,494$ 50% 364,917$ 2,773,711$ 364,917$ 2,773,711$ 50% 107,916$ 820,266$ 107,916$ 820,266$ 472,834$ 3,593,977$ 16 2040 2%-$ 475,558,979$ 162,988,180$ 50% 388,000$ 3,161,711$ 388,000$ 3,161,711$ 50% 114,743$ 935,009$ 114,743$ 935,009$ 502,743$ 4,096,720$ 17 2041 2%18,040,000$ 503,110,158$ 190,539,359$ 50% 411,545$ 3,573,256$ 411,545$ 3,573,256$ 50% 121,706$ 1,056,714$ 121,706$ 1,056,714$ 533,251$ 4,629,971$ 18 2042 2%-$ 513,172,362$ 200,601,563$ 50% 481,112$ 4,054,368$ 481,112$ 4,054,368$ 50% 142,279$ 1,198,993$ 142,279$ 1,198,993$ 623,390$ 5,253,361$ 19 2043 0.0%-$ 513,172,362$ 200,601,563$ 50% 506,519$ 4,560,887$ 506,519$ 4,560,887$ 50% 149,792$ 1,348,785$ 149,792$ 1,348,785$ 656,311$ 5,909,672$ 20 2044 0.0%-$ 513,172,362$ 200,601,563$ 50% 506,519$ 5,067,406$ 506,519$ 5,067,406$ 50% 149,792$ 1,498,577$ 149,792$ 1,498,577$ 656,311$ 6,565,983$ 21 2045 2%-$ 523,435,809$ 210,865,010$ 50% 506,519$ 5,573,925$ 506,519$ 5,573,925$ 50% 149,792$ 1,648,370$ 149,792$ 1,648,370$ 656,311$ 7,222,294$ 22 2046 2%18,040,000$ 551,944,525$ 239,373,726$ 50% 532,434$ 6,106,359$ 532,434$ 6,106,359$ 50% 157,456$ 1,805,826$ 157,456$ 1,805,826$ 689,890$ 7,912,185$ 23 2047 2%-$ 562,983,415$ 250,412,616$ 50% 604,419$ 6,710,778$ 604,419$ 6,710,778$ 50% 178,744$ 1,984,570$ 178,744$ 1,984,570$ 783,163$ 8,695,347$ 24 2048 2%-$ 574,243,084$ 261,672,285$ 50% 632,292$ 7,343,070$ 632,292$ 7,343,070$ 50% 186,987$ 2,171,556$ 186,987$ 2,171,556$ 819,279$ 9,514,626$ 25 2049 2%-$ 585,727,945$ 273,157,146$ 50% 660,723$ 8,003,792$ 660,723$ 8,003,792$ 50% 195,395$ 2,366,951$ 195,395$ 2,366,951$ 856,117$ 10,370,743$ 26 2050 2%-$ 597,442,504$ 284,871,705$ 50% 689,722$ 8,693,514$ 689,722$ 8,693,514$ 50% 203,971$ 2,570,922$ 203,971$ 2,570,922$ 893,692$ 11,264,435$ 27 2051 2%18,040,000$ 627,431,354$ 314,860,555$ 50% 719,301$ 9,412,815$ 719,301$ 9,412,815$ 50% 212,718$ 2,783,640$ 212,718$ 2,783,640$ 932,019$ 12,196,455$ 28 2052 2%-$ 639,979,982$ 327,409,183$ 50% 795,023$ 10,207,838$ 795,023$ 10,207,838$ 50% 235,111$ 3,018,751$ 235,111$ 3,018,751$ 1,030,134$ 13,226,589$ 29 2053 0.0%-$ 639,979,982$ 327,409,183$ 50% 826,708$ 11,034,546$ 826,708$ 11,034,546$ 50% 244,481$ 3,263,232$ 244,481$ 3,263,232$ 1,071,190$ 14,297,778$ 30 2054 0.0%-$ 639,979,982$ 327,409,183$ 50% 826,708$ 11,861,254$ 826,708$ 11,861,254$ 50% 244,481$ 3,507,713$ 244,481$ 3,507,713$ 1,071,190$ 15,368,968$ 108,240,000$ 11,861,254$ 11,861,254$ 3,507,713$ 3,507,713$ 15,368,968$ 312,570,799$ 0.505000 0.149343 5.77% Assumptions Tax Increment Base 2024 Town AV Rate 2024 County AV Rate Estimated Average Growth[b] Footnotes [a] Values increased at 2% annually with two years of no growth each decade to simulate an economic downturn. [b] Added Development Value based on Town's ten year adjusted average growth. [c] County has not yet agreed to participate and is shown for illustrative purposes only. TIRZ Increment Retained New Revenue Total TIRZ Increment Retained New Revenue Reinvestment Zone Number Three, Town of Prosper, Texas Feasibility Study Zone Year Tax Year Growth/Year[a] Added Development Value[b] New Taxable Value Incremental Value Town County[c] Total TIRZ Contribution Page 210 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 17 EXHIBIT F – PROPOSED USES OF THE PROPERTY Page 211 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 18 EXHIBIT G – MAP OF THE PUBLIC IMPROVEMENTS Page 212 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 19 EXHIBIT H – PARCEL IDENTIFICATION Parcel IDs 19610 960552 960561 960570 960589 960598 960605 960632 960669 960678 960687 960696 960703 960721 960730 960749 960767 960776 960785 960794 960801 960829 960838 960847 960856 960874 960883 960927 960936 960945 960954 960963 961007 961025 961034 961043 961114 961150 Parcel IDs 961178 961187 961196 961203 961212 961221 961230 961249 961258 961276 961285 961294 961301 961310 961329 961338 961347 961418 961445 961454 961463 961472 961490 961506 961515 961533 967047 967074 967083 967092 967109 967118 967127 967145 967190 967207 967216 967225 Parcel IDs 967234 967243 967252 967261 967270 967644 967662 967911 967957 967984 967993 968000 968037 968055 968073 968082 968091 968108 968117 968135 968153 968180 968199 968206 968215 968242 968251 968260 968279 968288 968297 968304 968313 968359 968368 968377 968386 968395 Parcel IDs 968411 968457 968466 968475 968484 968493 968518 968527 968536 968545 968581 968616 968625 968634 968661 968670 968698 968705 968714 968723 968732 968741 968750 968769 968778 968787 968858 968867 968876 968885 968894 968901 968910 968929 968938 968983 969009 969018 Parcel IDs 969027 969036 969045 969054 969072 969090 969125 969143 969152 969161 969170 969198 969205 969214 969223 969232 969287 969296 969330 969358 969367 969376 969385 972433 972460 972479 972488 972503 972512 972521 972530 972549 972558 972567 972576 972585 972594 972601 Page 213 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 20 Parcel IDs 976420 976448 976457 976475 976484 976509 976527 976536 976545 976572 976581 976590 976607 976616 976625 976634 976643 976652 976661 976689 976705 976714 976723 976741 976750 976769 976778 976867 976876 976885 976894 976929 976956 976965 976974 976992 977009 977018 977027 977036 977045 Parcel IDs 977054 977063 977081 977090 977125 977134 977152 977189 977198 977205 977214 977232 977241 977269 984028 999138 999147 1206082 1263741 1263778 1263787 1263796 1263803 1263812 1263821 1263830 1263849 1263858 1263867 1368040 1368059 1368111 1368148 1516381 1516390 1516407 1516452 1516461 1516470 1516489 1516498 Parcel IDs 1526959 1529108 1539366 1554204 1563374 1587116 1587125 1587134 1587143 1587152 1587161 1587170 1587189 1587198 1587205 1587214 1587223 1587232 1587241 1587250 1587278 1587287 1587296 1587303 1587312 1587321 1587330 1587349 1587358 1587367 1587376 1589739 1589784 1589793 1611759 1622408 1622774 1633584 1647365 1716575 1716824 Parcel IDs 1730194 1751857 1751875 1876027 1876036 1876045 1876054 1904899 1904915 1905095 1905102 1921932 1960042 1970714 1970812 1995999 2002895 2012815 2012816 2012817 2012818 2012819 2012820 2012821 2012822 2012824 2029138 2029492 2031564 2031565 2046675 2048608 2099755 2099761 2099764 2109757 2112514 2118172 2137894 2146263 2149925 Parcel IDs 2511597 2517184 2542677 2544590 2575595 2578004 2578006 2578007 2578008 2578009 2615297 2615298 2625341 2625342 2648816 2652233 2668599 2668600 2672561 2674553 2674554 2677065 2677066 2677067 2677068 2677070 2677071 2677072 2677073 2677074 2677075 2677076 2677077 2677078 2677079 2677080 2677081 2677082 2677083 2677084 2677085 Page 214 Item 16. REINVESTMENT ZONE NUMBER THREE, TOWN OF PROSPER, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 21 Parcel IDs 2677086 2677087 2677088 2677089 2677090 2677091 2677092 2677093 2677094 2677095 2677096 2677097 2677098 2680284 2688020 2692598 2695174 2705161 2707594 2710296 2710297 2714222 2719963 2721318 2721319 2721320 2721321 2721323 2734310 2740794 2740865 2740866 2740868 2742821 2742822 2742823 2742824 2749342 2749343 2752138 2753128 Parcel IDs 2753443 2753445 2759604 2761518 2761775 2762849 2771365 2772834 2783470 2784160 2794292 2795072 2798741 2801666 2806953 2806960 2806961 2809722 2811187 2815460 2816764 2816765 2816766 2817082 2821885 2821886 2822866 2823098 2824160 2828237 2828238 2830899 2830900 2830901 2830902 2831965 2831970 2833262 2834655 2837319 2837320 Parcel IDs 2839420 2839421 2839434 2842339 2846514 2848240 2849875 2850102 2851572 2851576 2851577 2851578 2851579 2851580 2851581 2851582 2851656 2854648 2856947 2856968 2863029 2864862 2864863 2865568 2865579 2865580 2865581 2865582 2865583 2865584 2868620 2874869 2880384 2880385 2894711 2895416 2895417 2896153 2896189 Page 215 Item 16. Page 1 of 10 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 for Creekside Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone 120.5± acres on Collin County School Land Survey 12, Abstract 147, Tract 45 from Planned Development -44 (Single Family & Retail) to a Planned Development with Single Family and Retail uses, located on the southeast corner of Legacy Drive and Frontier Parkway. (ZONE-24-0013) Future Land Use Plan: The Future Land Use Plan recommends Medium Density Residential and Retail & Neighborhood Services District.  Medium Density Residential recommends single-family detached dwelling units on lots that range from 12,500 square feet to 20,000 square feet. Medium Density Residential neighborhoods may have a variation of lot sizes provided that the density is within a specific range (1.6 – 2.5 dwelling units per acre). Although the lot sizes are less than 12,500 square feet, the density is 2.4 dwelling units per acre.  The Retail & Neighborhood Services District recommends retail establishments that provide merchandise for retail sales, banks, neighborhood offices, and small medical offices. PLANNING Page 216 Item 17. Page 2 of 10 Zoning: The property is zoned Planned Development-44. Thoroughfare Plan: This property has direct access to Legacy Drive and Frontier Parkway. Parks Master Plan: The Parks Master Plan does indicate a park is needed on the subject property. This park is shown as the Neighborhood Park on the Conceptual Plan. Hike & Bike Trail: The Hike & Bike Trail Master Plan requires a hike and bike trail along Legacy Drive and Frontier Parkway as well as an internal trail connecting Legacy Drive to the Neighborhood 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. Staff has not received any response to the proposed zoning request to date. Attached Documents: 1. Aerial & Zoning Maps 2. Future Land Use Exhibit 3. Exhibit A-1 – Written Metes and Bounds 4. Exhibit A-2 – Boundary Exhibit 5. Exhibit B – Letter of Intent 6. Exhibit C – Development Standards (Clean) 7. Exhibit C – Development Standards (Redlined) 8. Exhibit D – Conceptual Plan 9. Exhibit E – Development Schedule 10. Exhibit F – Elevations 11. Exhibit G – Landscape Plan 12. Exhibit H – HOA Trail Exhibit 13. Draft Development Agreement Page 217 Item 17. Page 3 of 10 Summary of Redlines: The summary of the redlines for the Development Standards is shown below. 1. The applicant is requesting a maximum of fifty-five Type A Lots (10,500 SF). Town Staff is recommending a maximum of fifty Type A Lots. 2. The applicant is requesting a minimum of fifty Type C Lots (12,000 SF). Town Staff is recommending a minimum of fifty-five Type C Lots. 3. The applicant is requesting that all lots have a minimum front setback of 25 feet and are staggered at 20, 25, and 30 feet. Town Staff is recommending that all lots have a minimum front setback of 25 feet and are staggered at 25, 30, and 35 feet. 4. The applicant is requesting to have an “Alcohol Beverage Sales” use by right. Town Staff is recommending that this use be removed. 5. The applicant is requesting to have an “Alcohol Beverage Establishment” use by Specific Use Permit. Town Staff is recommending that this use be removed. 6. The applicant is requesting that the “Bank, Savings and Loan, or Credit Union” use have an associated drive-through by right. Town Staff is recommending that this use not have an associated drive-through. 7. The applicant is requesting that the “Commercial Amusement, Indoor” use be permitted by right if does not exceed 15,000 square feet and permitted by Specific Use Permit if it exceeds 15,000 square feet. Town Staff is recommending that this use be permitted by Specific Use Permit regardless of it’s square footage. 8. The applicant is requesting that the “Retail Stores and Shops” use be permitted by right if it does not exceed 70,000 square feet. Town Staff is recommending that this use be permitted by right if it does not exceed 39,999 square feet. 9. The applicant is requesting that a “Big Box” use be defined as exceeding 70,000 square feet. Town Staff is recommending that this use be defined as exceeding 40,000 square feet. 10. The applicant is requesting to plant a double row of large, three-inch (3”) caliper trees in a 30-foot landscape buffer adjacent to the residential area instead of Town Staff’s recommendations. Town Staff is recommending that the commercial development immediately adjacent to the residential area be office uses (medical and professional uses) only, have only one multi-tenant building, and be located closer to Frontier Parkway based on size. 11. Town Staff is recommending that all site plans and façade plans in the Retail portion of the development be approved by Town Council. Redline Key: The key for the redlines to the Development Standards is shown below.  Blue (Not Highlighted) – Proposed by applicant with no objections from Town Staff.  Blue (Highlighted) – Proposed by applicant with objections from Town Staff.  Red (Not Highlighted) – Proposed by Town Staff with no objections from applicant.  Red (Highlighted) – Proposed by Town Staff with objections from applicant. Description of Agenda Item: The purpose of this request is to rezone the property from Planned Development-44 (Single Family & Retail) to a Planned Development with a base zoning of Single Family-10 for the residential section and Retail for the commercial section. The intent of the request is to construct a maximum of 225 homes on 90.7± acres. Additionally, the intent is to construct commercial buildings with retail uses on 29.8± acres at the southeast corner of Legacy Drive and Frontier Parkway. Page 218 Item 17. Page 4 of 10 Compatibility: This zoning change would not be out of character with the existing area due to compatibility with the surrounding properties. All surrounding properties have the same Future Land Use designation of Medium Density Residential. Additionally, the Future Land Use Plan recommends commercial uses on the hard corner of Legacy Drive and Frontier Parkway as proposed in the zoning request. The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-44 (Single Family-10 and Office/Retail) Vacant Medium Density Residential and Retail & Neighborhood Services North City of Celina Vacant N/A East Planned Development- 115 (Single Family) Vacant Medium Density Residential South Planned Development-63 (Single Family-15) Vacant Medium Density Residential West City of Celina Vacant N/A RESIDENTIAL SECTION Density: Per the Town’s Future Land Use Plan, the gross density of Medium Density Residential developments will not be less than 1.6 dwelling units per acre or greater than 2.5 dwelling units per acre. The proposed development would allow for a maximum of 225 single family homes on 90.7 acres, putting the density for this development at 2.5 units per acre. District Regulations: The residential district regulations within the Planned Development compared to the previously approved Planned Development (PD-44) are shown below. Previous Regulations (Planned Development-44) Proposed District Regulations (Development Standards) Size of Yards Front: 25’ (Type A & B) 30’ (Type C) Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Size of Lots Minimum Area: 10,000 SF (Type A) – Max. of 54 11,000 SF (Type B) – Max. of 95 Minimum Area: 10,500 SF (Type A) – Max. of 55 11,000 SF (Type B) Page 219 Item 17. Page 5 of 10 12,000 SF (Type C) – Min. of 49 Minimum Lot Width: 80’ Minimum Lot Depth: 125’ 12,000 SF (Type C) – Min. of 50 Minimum Lot Width: 76’ (70’ on Cul-De-Sac) Minimum Lot Depth: 140’ (120’ on Cul-De-Sac) Maximum Height Stories: 40’ Stories: Two and a Half Stories or 40’ Maximum Lot Coverage Lot Coverage: 45 Percent Lot Coverage: 50 Percent Uses: The list of permitted uses within the residential section of this Planned Development is shown below.  By Right: o Accessory Building o Construction Yard and Field Office, Temporary o Home Occupation o Homebuilder Marketing Center o Model Home o Park or Playground o School, Public o Single Family Dwelling, Detached  By Specific Use Permit: o Antenna and/or Antenna Support Structure, Non-Commercial o House of Worship o Private Recreation Center o Private Street Development o School, Private or Parochial  Uses That Would Be Eliminated: o Athletic Stadium or Field, Private o Athletic Stadium or Field, Public o Bed and Breakfast Inn o Cemetery or Mausoleum o Day Care Center, Adult o Day Care Center, Child o Day Care Center, In-Home o Farm, Ranch, Stable, Garden, or Orchard o Garage Apartment o Golf Course and/or Country Club o Guest House o Household Care Facility o Municipal Uses Operated by the Town of Prosper o Private Utility, Other Than Listed o Rehabilitation Care Facility o School District Bus Yard o Sewage Treatment Plant/Pumping Station o Stealth Antenna, Commercial o Telephone Exchange Page 220 Item 17. Page 6 of 10 o Temporary Building o Utility Distribution/Transmission Facility o Water Treatment Plant Architectural Standards: The residential architectural standards within this Planned Development are shown below.  Building Materials: o Permitted Materials  Architectural Concrete Block  Cementitious Material  Clay Fired Brick  Granite  Marble  Stone (Natural, Precast, or Manufactured)  Stucco (Three-Coat Process Cement Plaster) o Design  The exterior façade of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry.  Cementitious materials may constitute up to twenty percent (20%) of the area for stories other than the first story.  On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story.  Any portion of an upper story, excluding windows, that faces a street, public or private parks, or hike and bike trails, shall be one hundred percent (100%) masonry and cementitious fiber board may be used for up to twenty percent (20%).  The exterior cladding of chimneys shall be brick, natural, or manufactured stone, or stucco.  Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features.  Roofing: o Materials  Structures constructed on lots shall have a composition slate, clay tile, standing seam metal, or cement/concrete tile roof.  Metal roofs shall be non-reflective colors. o Pitch  A minimum of sixty-five percent (65%) of the surface area of composition roofs shall maintain a minimum roof pitch of eight by twelve (8:12).  A minimum of seventy-five percent (75%) of the surface area of clay tile, cement tile, slate or slate products, standing seam metal, or concrete tile shall maintain a minimum roof pitch of three by twelve (3:12). Page 221 Item 17. Page 7 of 10 Pedestrian Connectivity and Amenities: The pedestrian connectivity and amenities standards within the residential section of this Planned Development require an enhanced entrance consisting of a divided entry drive with a landscaped corridor extending into the community, a Community Amenity Park (that will provide activity and gathering space for residents), and a Neighborhood Park to be dedicated to the Town. Additionally, sidewalk connections will be provided between blocks, pathways to the Neighborhood Park, and to the Town’s Hike and Bike Trail System.  Enhanced Entrance: o From Legacy Drive to Community Amenity Park o Ten-Foot Hike & Bike Trail (One Side) o Three-Inch (3”) Caliper Shade Trees in 40’ Intervals (Both Sides)  Community Amenity Park (Min. of Four Listed Amenities) o Gathering Areas w/ Pavers, Decomposed Granite, and/or Turf & Seating (Min. of 1,000 SF) o Grill and Picnic Areas o Neighborhood Playground Facility o Open Natural Grass Play Areas (Min. of 15,000 SF) o Sand Volleyball Pit o Shade Structure with Seating o Tennis Court/Pickleball Court o Other Amenities as approved by the Director of Development Services  Neighborhood Park: o Seven Acre Park Dedicated to Town Maintenance: The developers shall establish a Homeowner’s Association (HOA) for the residential area where membership is mandatory for each lot. The association will be responsible for operation and maintenance of all common areas and/or common facilities contained within the residential area or adjacent right-of-way. COMMERCIAL SECTION District Regulations: The commercial district regulations within this Planned Development in comparison to the previously approved Planned Development (PD-44) are shown below. Previous Regulations (Planned Development-44) Proposed District Regulations (Development Standards) Size of Yards Front: 30’ Side: 15’ (Adj. to Non-Residential) 30’ (One-Story Adj. to Residential) 60’ (Two-Story Adj. to Residential) Rear: 15’ (Adj. to Non-Residential) Front: 30’ Side: 0’ (Adj. to Creek Area) 15’ (Adj. to Non-Residential) 50’ (One-Story Adj. to Residential) 75’ (Two-Story Adj. to Residential) Rear: 0’ (Adj. to Creek Area) Page 222 Item 17. Page 8 of 10 30’ (One-Story Adj. to Residential) 60’ (Two-Story Adj. to Residential) 15’ (Adj. to Non-Residential) 50’ (One-Story Adj. to Residential) 75’ (Two-Story Adj. to Residential) Size of Lots Minimum Area: 10,000 SF Minimum Lot Width: 100’ Minimum Lot Depth: 100’ Minimum Area: 10,000 SF Minimum Lot Width: 100’ Minimum Lot Depth: 100’ Maximum Height Stories: Two Stories or 40’ Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 40 Percent Lot Coverage: 40 Percent Uses: The list of permitted uses within the commercial section of this Planned Development is shown below.  By Right: o Administrative, Medical, or Professional Office o Alcoholic Beverage Sales – Town Staff in Opposition o Antique Shop o Artisan’s Workshop o Bank, Savings and Loan, or Credit Union o Beauty Salon/Barber Shop o Building Material and Hardware Sales, Minor o Business Service o Commercial Amusement, Indoor (Less Than 15,000 SF) – Town Staff in Opposition o Community Center o Construction Yard and Field Office, Temporary o Dry Cleaning, Minor o Furniture, Home Furnishings and Appliance Store o Governmental Office o Gymnastics/Dance Studio o Health/Fitness Center o House of Worship o Insurance Office o Locksmith/Security System Company o Museum/Art Gallery o Nursery, Minor o Pet Day Care o Print Shop, Minor o Private Recreation Center o Restaurant o Retail Stores and Shops (Less Than 70,000 SF) – Town Staff in Opposition o Retail/Service Incidental o School, Private or Parochial o School, Public o Theater, Neighborhood o Veterinarian Clinic and/or Kennel, Indoor Page 223 Item 17. Page 9 of 10  By Specific Use Permit: o Antenna and/or Antenna Support Structure, Commercial o Alcoholic Beverage Establishment – Town Staff in Opposition o Assisted Care or Living Facility o Big Box (Greater Than 70,000 SF) – Town Staff in Opposition o Child Care Center, Incidental o Child Care Center, Licensed o Commercial Amusement, Indoor (Greater Than 15,000 SF) o Community Center o Convenience Store with Gas Pumps (By Right in PD-44) o Convenience Store without Gas Pumps o Day Care Center, Adult o Gas Pumps (By Right in PD-44) o Massage Therapy, Licensed (By Right in PD-44) o Meeting/Banquet/Reception Facility o Restaurant, Drive-In (By Right in PD-44) o Restaurant with Drive-Through o Stealth Antenna, Commercial (By Right in PD-44)  Uses That Would Be Eliminated: o Accessory Building o Antenna and/or Antenna Support Structure, Non-Commercial o Bed and Breakfast Inn o Beer & Wine Package Sales o Caretaker’s/Guard Residence o Farmer’s Market o Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority o Municipal Uses Operated by the Town of Prosper o Private Club o Private Utility, Other Than Listed o Temporary Building o Winery Architectural Standards: The architectural standards within the commercial section of this Planned Development are shown below. Building materials and colors are required to be compatible with those used throughout the entire development. Additionally, all construction shall have an approved façade plan before issuance of a building permit.  Building Materials: o Primary Materials  Clay Fired Brick  Granite  Marble  Stone (Natural, Precast, or Manufactured) o Big Box Uses  Architectural Concrete Block  Architecturally Finished Concrete Tilt Wall  Split Face Concrete Masonry Unit Page 224 Item 17. Page 10 of 10 o Secondary Materials (Ten Percent or Less of Elevation Area)  All Primary Materials  Aluminum or Other Metal  Cedar or Similar Quality Decorative Wood  EIFS  Stucco Screening: The screening standards within the commercial section of this Planned Development require an eight-foot masonry wall adjacent to residential development that will be constructed by the first commercial property to develop. A wall maintenance easement will be provided along both sides of the screening wall. Pedestrian Connectivity and Amenities: The pedestrian connectivity and amenities standards within the commercial section of this Planned Development require the creek area to be located on a separate lot that will be owned and maintained by the Property Owners’ Association. The creek area will consist of a meandering walking path spanning between Legacy Drive and Frontier Parkway and will include shaded pedestrian congregation areas. Maintenance: The developers shall establish a Property Owners’ Association for the commercial area where membership is mandatory for each lot. The association will be responsible for operation and maintenance of all common areas and/or common facilities contained within the commercial area or adjacent right-of-way. Town Staff Recommendation: The proposed zoning request is compliant with the Future Land Use Plan. It provides the Town with the ability to eliminate undesired uses and require Specific Use Permits for some of the uses permitted by right under the current zoning. Additionally, it allows the Town to execute a Development Agreement that ensures quality architectural standards for this development. For these reasons, Town Staff recommends approval of the request subject to Town staff’s recommendations to rezone 120.5± acres on Collin County School Land Survey 12, Abstract 147, Tract 45 from Planned Development-44 (Single Family & Retail) to a Planned Development with Single Family and Retail uses, located on the southeast corner of Legacy Drive and Frontier Parkway. Planning & Zoning Recommendation: The Planning & Zoning Commission recommended approval of this item by a vote of 4-3 at their meeting on November 5, 2024. Commissioners Jackson, Carson, and Harris voted in opposition to this item due to concerns pertaining to the lots within the proposed residential subdivision not falling in the desired lot size range for Medium Density Residential subdivisions (12,500 SF to 20,000 SF) and preferring larger lot sizes instead of larger home sizes. Proposed Motion: I move to approve/deny the request to rezone 120.5± acres on Collin County School Land Survey 12, Abstract 147, Tract 45 from Planned Development-44 (Single Family & Retail) to a Planned Development with Single Family and Retail uses, located on the southeast corner of Legacy Drive and Frontier Parkway. Page 225 Item 17. Page 226 Item 17. Page 227 Item 17. Future Land Use Exhibit Page 228 Item 17. Page 229 Item 17. Page 230 Item 17. Page 231 Item 17. CALLED 120.525 ACRESLEGACY FRONTIER, LLC(INST. NO. 20150203000121210)O.P.R.C.C.T.SINGLE-FAMILY90.730 ACRES(3,952,213 SQ. FT.)LEGACY DR FRONTIER PKWYN 89°17'48" E 1,507.92'S 00°00'38" W 1,155.80'N 89°11'50" E 1,532.96'S 01°14'54" E 1,151.46'S 89°13'16" W 1,063.46'S 89°44'50" W 2,022.01'N 00°29'02" E 1,781.29'S 89°49'05" E40.90'N 00°10'55" E 320.00'N 89°49'05" W39.12'N 00°30'57" E 189.17'P.O.B.CALLED 120.525 ACRESLEGACY FRONTIER, LLC(INST. NO. 20150203000121210)O.P.R.C.C.T.COMMERCIAL29.795 ACRES(1,297,870 SQ. FT.)FUTURE LEGACY DRIVERIGHT-OF-WAYFUTURE LEGACY DRIVERIGHT-OF-WAYABSTRACT LINEPROPERTY LINEGRID COORDINATESX: 2476542.02Y: 7146391.97GRID COORDINATESX: 2479607.46Y: 7144125.32GRID COORDINATESX: 2478049.59Y: 7146410.48GRID COORDINATESX: 2476522.57Y: 7144101.94FUTURE FRONTIER PARKWAYRIGHT-OF-WAY\\bgeinc\data\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\LD-NTX\01_CADD\04_EXHIBITS\2024-06-03 ZONING EXHIBIT A\EXHIBIT A.dwg Sep 26, 2024-3:58pm sthomasBGE, INC.EXHIBIT A-2CREEKSIDEGROSS: 120.525 ACSINGLE FAMILY: 90.730 ACCOMMERCIAL: 29.795 ACCOLLIN COUNTY SCHOOL LAND SURVEYABSTRACT NO. 147TOWN OF PROSPERCOLLIN COUNTY, TEXASPREPARED: AUG 28, 2024PROJECT NO: ZONE-24-0013Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953OWNERSURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comLEGACY FRONTIER, LLC9111 Cypress Waters Blvd, Suite 300Coppell, Texas 75019-4858Contact: Sivaramaiah KondruPhone: 248-345-3818Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953APPLICANTContact: Garrett ScogginsTelephone: 972-464-4858 • Email: gscoggins@bgeinc.comNOTES1.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FORILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT ISDETERMINED AT THE TIME OF FINAL PLAT.2.RESIDENTIAL PORTION OF PROPOSED PLANNED DEVELOPMENT ZONING WILLHAVE A POTENTIAL RESIDENTIAL DENSITY OF 3.14 LOTS PER ACRE.3.BEARING SYSTEM IS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, NORTHCENTRAL ZONE (4202), WITH AN APPLIED COMBINED SCALE FACTOR OF1.000152710. DISTANCES AND AREAS ARE SURFACE VALUES IN U.S. SURVEY FEET.VICINITY MAP(NOT TO SCALE)SCALE: 1" = 150'750150300Page 232Item 17. ZONE-24-0013 EXHIBIT “B” CREEKSIDE PLANNED DEVELOPMENT DISTRICT STATEMENT OF INTENT AND PURPOSE The Planned Development District provides the ability to accommodate the development of both a unique commercial node and a desirable single family residential neighborhood at a gateway into the northwest portion of the Town of Prosper. The residential portion of the Creekside development will be a high quality single family detached residential neighborhood including a neighborhood park and a community amenity park for outdoor recreation. This traditional residential neighborhood includes lots sized to accommodate higher end homes with deeper rear yards enabling private home amenities. The design elements facilitate connectivity with nearby parks, trails, and adjacent schools. Standards and criteria that follow are aimed at ensuring a high quality appearance and are also intended to create a community with timeless character. These standards and criteria will result in a community in which Creekside’s residents are proud of owning a home. The commercial center in the Creekside development will provide opportunities for restaurant, retail, and office uses and will be able to integrate the existing drainage through this area to provide a dynamic area that will serve both the needs of the residents in adjacent communities as well as those from neighboring areas. Page 233 Item 17. ZONE-24-0013 EXHIBIT “C” CREEKSIDE PLANNED DEVELOPMENT DISTRICT PLANNED DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply. SINGLE FAMILY RESIDENTIAL (90.73 Acres) 1. GENERAL DESCRIPTION: The standards for Single Family-10 District (SF-10) as contained in the Town’s Zoning Ordinance as it exists or may be amended, except as otherwise set forth in the development standards below. 2. AMENITIES AND PARKS: a. General: The Creekside Single Family Residential component will provide a package of amenity features and open areas. These elements will create a family friendly neighborhood. The neighborhood amenities that are addressed within these Standards are: 1. Enhanced Entrance 2. Community Amenity Park 3. Neighborhood Park b. Enhanced Entrance: The primary entry to the community from Legacy Road will include an enhanced divided entry drive and a landscaped corridor extending into the community and leading to the Community Amenity Park located in the heart of the community. This greenway corridor shall include a ten-foot (10') hike and bike trail along one side of the roadway and three inch (3”) caliper shade trees planted at forty feet (40') intervals along each side of the roadway as generally depicted on Exhibit “G”. c. Community Amenity Park: A Community Amenity Park shall be developed within the Single Family Residential portion of the Creekside development. The improvements shall be completed with the initial phase of residential development and will provide for a range of active, family-oriented activities. The Community Amenity Park will be located on a lot owned and maintained by the HOA. The program for the Community Amenity Park shall include a minimum of four (4) elements from the following list: 1. Tennis court / pickleball court 2. Neighborhood playground facility 3. Shade structure with seating 4. Sand volleyball pit 5. Open natural grass play areas (min of 15,000 SF) 6. Gathering area with pavers, decomposed granite, and/or turf and seating (min 1,000 SF) 7. Grill and picnic area 8. Other amenities as approved by Director of Development Services Page 234 Item 17. d. Neighborhood Park: The Creekside community’s design shall include a Neighborhood Park in the eastern portion of the community near the elementary school as generally depicted on Exhibit “D”. The land area to be dedicated to the Town of Prosper shall comply with the provisions of Chapter 10, Article 3, Division 6, Section 10.03.150 Dedication Requirements of the Subdivision Ordinance. e. Pedestrian Connectivity: Sidewalks located within HOA lots shall provide pedestrian corridors between blocks, pathways to the Neighborhood Park, and connection to the Town’s hike and bike trail system as generally depicted on Exhibits “D” and “H”. 3. USES, DENSITIES AND REGULATIONS a. Permitted Uses: Land uses allowed within the Single-Family Residential Tract are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 14, Article 3, Division 1, Section 3.1.4 of the Town's Zoning Ordinance. • Accessory Building • Antenna and/or Antenna Support Structure, Non-Commercial C • Construction Yard and Field Office, Temporary C • Homebuilder Marketing Center C • Home Occupation C • House of Worship • Model Home • Park or Playground • Private Recreation Center • School, Public • Single Family Dwelling, Detached • Private Street Development S • School, Private or Parochial S b. Lot Yield: The maximum number of single family detached units shall be two hundred twenty-five (225), subject to the limits per lot type specified below. c. Lot Types: The single family detached lots developed within the community shall be in accordance with the following two Lot Types that shall be located throughout the community: 1. Type A Lots: Minimum lot area shall be ten thousand two hundred and fifty square feet (10,250 sf) Lots. 2. Type B Lots: Minimum lot area shall be eleven thousand square feet (11,000 sf) Lots. There shall be a minimum of sixty (60) Type B Lots. d. Area and Building Regulations: Should a discrepancy exist between the Town Zoning or Subdivision Ordinance and the standards within this PD, the language herein shall prevail. The area and building standards for the single-family lots are as follows: Page 235 Item 17. 1. Typical Lot Size: A typical lot shall be 76’x140’ but may vary so long as the requirements provided below are accommodated. 2. Minimum Lot Width: The minimum lot width shall be seventy-six feet (76’), except for lots located on a cul-de-sac, curve, or eyebrow which may have a minimum width of seventy feet (70’) as measured at the front yard setback provided all other requirements of this section are met. 3. Minimum Lot Depth: The minimum lot depth shall be one hundred and twenty-five feet (125’), except for lots located on a cul-de-sac, curve, or eyebrow or backing to a turn lane which may have a minimum depth of one hundred and twenty feet (120’). 4. Minimum Yard Setbacks: a. Minimum Front Yard Setback: The minimum front yard setback shall be twenty- five feet (25’). The minimum front yard setbacks for all lots fronting onto the same street along a block shall be staggered such that roughly one-third of the lots have a front yard setback that is reduced by five feet, one-third of the lots have a front yard setback as defined herein, and one-third of the lots have a front yard setback that is increased by five feet. Not more than two lots in a row may incorporate the same front yard setback. In no case shall the front yard setback be less than twenty feet (20’). The front yard setbacks for each lot shall be established at the time of preliminary plat and shall be included on the final plat. b. Minimum Side Yard Setbacks: The minimum side yard setbacks shall be eight feet (8’). For corner lots immediately adjacent to a side street right-of-way, the minimum side yard setbacks shall be fifteen feet (15’). c. Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty five feet (25’). The lots with an increased front yard setback may also decrease the rear yard setback by five feet. 5. Minimum Dwelling Area: Each dwelling shall contain a minimum of two thousand four hundred square feet (2,400 sf) feet of floor space for Type A Lots and two thousand eight hundred square feet (2,800 sf) feet of floor space for Type B Lots. Floor space shall include air conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. 6. Maximum Height: The maximum height for a structure shall be two and a half (2 ½) stories, no greater than forty feet (40’). 7. Permitted Encroachments: The minimum front yard setback may be reduced by ten feet (10’) in the following circumstances. In no case shall the reduction cause the encroachment to be closer than fifteen feet (15’) from front property line): Page 236 Item 17. a. Swing-in garages provided that the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet (3’x5’). The swing-in garage that extends into the front yard shall be limited to one story in height, but may have a second story dwelling area above it. b. Non-enclosed porch, stoop, or balcony, or an architectural feature, such as a bay window without floor area or chimney. c. Fireplaces, awnings, overhang eaves, suspended planter or flower boxes, and box or bay windows may encroach up to three feet (3’) into the side yard setbacks. 8. Front Porches: Dwellings located directly across from the Neighborhood Park and the Community Amenity Park as identified on the Exhibit “D” shall have a front porch. a. The minimum porch depth shall be seven feet (7’) when less than eighteen feet (18’) wide, and no less than six feet (6’) otherwise. b. The minimum porch width shall be seven feet (7’). 9. Driveways: Driveways shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. 10. Exterior Surfaces: a. Masonry is defined as clay fired brick, natural and manufactured stone, granite, marble, stucco, cementitious material, and architectural concrete block. The exterior facade of a main building or structure, excluding glass windows and doors, shall be constructed on one hundred percent (100%) masonry, subject to the following conditions: 1. Stucco on structures shall be traditional 3-coat process cement plaster stucco. 2. Cementitious materials may constitute up to fifty percent (50%) of the area for stories other than the first story. 3. On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. 4. Any portion of an upper story, excluding windows, that faces a street, public or private open space, public or private parks, or hike and bike trails, shall be one hundred percent (100%) masonry and cementitious fiber board may be used for up to twenty percent (20%). 5. The exterior cladding of chimneys shall be brick, natural or manufactured Page 237 Item 17. stone, or stucco. 6. Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. b. EIFS (exterior insulating and finish process) is not allowed on structures. 11. Roofing: a. Structures constructed on Lots shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. b. Metal roofs shall be non-reflective colors. c. A minimum of sixty five percent (65%) of the surface area of composition roofs shall maintain a minimum roof pitch of eight by twelve (8:12). d. A minimum of seventy five percent (75%) of the surface area of clay tile, cement tile, slate or slate products, standing seam metal, or concrete tile shall maintain a minimum roof pitch of three by twelve (3:12). 12. Garages: a. Dwellings shall have a minimum of two (2) car garage bays totaling a minimum of four hundred square feet (400 sf). b. Where a home has three or more garage/enclosed parking spaces, no more than two single garage doors or one double garage door shall face the street, unless the garage door(s) are located behind the main structure. c. Side entry garages shall be permitted on corner lots. d. Garage doors directly facing a street shall be located no closer than twenty-five (25’) from the property line. 13. Plate Height: Each structure shall have a minimum principal plate height of nine feet (9’) on the first floor. 14. Fencing: No fence, wall or hedge on a Lot shall exceed eight feet (8’) in height unless otherwise specifically required by the Town of Prosper. Unless otherwise specified, wood fence shall be allowed. a. All Lots adjacent to open space shall have a decorative metal fence, no greater than six feet (6’) in height, abutting to open space. Page 238 Item 17. b. Key lots may utilize decorative metal fence, no greater than six feet (6’) in height, within the front yard setback along the side street of the key lot. 15. Air Conditioners: No window or wall air conditioning units will be permitted on structures on Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by evergreen shrubbery save and except access and service space to the condensing units which may no be visible from the street. 16. Accessory Structures: Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. Accessory structures shall be separate from the main dwelling by a minimum of ten feet (10’), have a minimum rear yard setback of ten feet (10’), and a minimum side yard setback of eight feet (8’). 17. Maximum Lot Coverage: Fifty percent (50%). 18. Landscaping: a. Required trees shall not be smaller than three (3) caliper inches. A minimum of two (2) - four (4) caliper inch trees shall be located in the front yard of all Lots. The total caliper inches shall be eleven (11) caliper inches. The remaining required trees may be placed in the front or rear of the Lots. b. The minimum of twenty (20) shrubs, each a minimum of three (3) gallon in size when planted, shall be planted in the frontyard of all Lots. c. One hundred percent of all front, side, and rear yards not covered by hardscape / xeriscape or landscaped beds shall be irrigated and sodded. d. All foundations visible from street shall have flower beds or evergreen shrubs generally screening foundation. Page 239 Item 17. COMMERCIAL (29.80 Gross Acres) 1. GENERAL DESCRIPTION: This tract shall conform with the standards for Retail District (R) as contained in the Town’s Zoning Ordinance as it exists or may be amended, except as otherwise set forth in the development standards below. 2. AMENITIES: a. General: The Creekside Retail/Office area shall provide the opportunity for area residents to live, work, and shop in the same community. The development will integrate the natural drainage through the area into the design of the development. b. Creek Area: The Creek Area shall be improved to provide a natural area within the heart of the development as shown on Exhibit D. This Creek Area shall be located on a separate lot to be owned and maintained by a Property Owners Association (POA). Elements within the Creek Area shall include: 1. Walking path meandering in / around the Creek Area spanning between Legacy Drive and Frontier Parkway and with pedestrian connections to adjacent buildings 2. Shaded pedestrian congregation areas 3. USES AND REGULATIONS a. Permitted Uses: Land uses allowed within the Retail/Office Tract are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 14, Article 3, Division 1, Section 3.1.3 of the Town's Zoning Ordinance. • Administrative, Medical, or Professional Office • Antique Shop • Artisan's Workshop • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Building Material and Hardware Sales, Minor • Business Service • Commercial Amusement, Indoor • Community Center • Construction Yard and Field Office, Temporary C • Dry Cleaning, Minor • Furniture, Home Furnishings and Appliance Store • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • House of Worship • Insurance Office • Locksmith/Security System Company • Museum/Art Gallery • Nursery, Minor • Pet Day Care C • Print Shop, Minor • Private Recreation Center Page 240 Item 17. • Restaurant C • Retail Stores and Shops (maximum 80,000 SF per building) • Retail/Service Incidental • School, Private or Parochial • School, Public • Theater, Neighborhood • Veterinarian Clinic and/or Kennel, Indoor • Antenna and/or Antenna Support Structure, Commercial S • Alcoholic Beverage Establishment S • Alcoholic Beverage Sales S • Assisted Care or Living Facility S • Big Box S • Child Care Center, Licensed S • Child Care Center, Incidental S • Convenience Store with Gas Pump S • Convenience Store without Gas Pump S • Day Care Center, Adult S • Gas Pumps S • Massage Therapy, Licensed S • Meeting/Banquet/Reception Facility S • Restaurant, Drive In S • Restaurant with Drive-Through S • Stealth Antenna, Commercial S b. Development Regulations: a. Size of Yards: 1. Minimum Front Yard – Thirty (30) feet. 2. Minimum Side Yard a. Fifteen (15) feet adjacent to nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. c. Thirty (30) feet adjacent to a street. d. No Side Yard required adjacent to the Creek Area 3. Minimum Rear Yard a. Fifteen (15) feet adjacent to nonresidential district. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. c. No Rear Yard required adjacent to the Creek Area b. Size of Lots: 1. Minimum Lot Area – Ten thousand (10,000) square feet. 2. Minimum Lot Width – One hundred (100) feet. 3. Minimum Lot Depth – One hundred (100) feet. c. Maximum Height – Two stories, no greater than forty (40) feet. Page 241 Item 17. d. Maximum Lot Coverage – Forty (40) percent. e. Floor Area Ratio: Maximum 0.4:1. f. Exterior Surfaces/Building Materials: 1. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, and marble. Architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall may be used for big box uses. 2. Secondary materials used on the façade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS). Stucco and EIFS are only permitted a minimum of nine (9) feet above grade. 4. ADDITIONAL STANDARDS: Retail/Office development shall employ the following additional measures: a. An eight foot (8’) masonry screening wall shall be constructed between the Commercial and the Single Family Residential parcels. The screening wall shall be built by the first property to develop. A Wall Maintenance Easement shall be granted along each side of the screening wall. GENERAL REQUIREMENTS 1. Development Plan: A Conceptual Development Plan is hereby attached (Exhibit "D") and made a part of these development standards. It establishes the most general guidelines by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication and roads. 2. Maintenance of Facilities: The Developers shall establish a Homeowner's Association ("HOA") for Single Family Residential areas and a Property Owner's Association ("POA'') for Retail/Office areas, in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the respective Single Family Residential or Retail/Office development or adjacent Right-of-Way ("ROW). Page 242 Item 17. ZONE-24-0013 EXHIBIT “C” CREEKSIDE PLANNED DEVELOPMENT DISTRICT PLANNED DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply. SINGLE FAMILY RESIDENTIAL (90.73 Acres) 1. GENERAL DESCRIPTION: The standards for Single Family-10 District (SF-10) as contained in the Town’s Zoning Ordinance as it exists or may be amended, except as otherwise set forth in the development standards below. 2. AMENITIES AND PARKS: a. General: The Creekside Single Family Residential component will provide a package of amenity features and open areas. These elements will create a family friendly neighborhood. The neighborhood amenities that are addressed within these Standards are: 1. Enhanced Entrance 2. Community Amenity Park 3. Neighborhood Park b. Enhanced Entrance: The primary entry to the community from Legacy Road will include an enhanced divided entry drive and a landscaped corridor extending into the community and leading to the Community Amenity Park located in the heart of the community. This greenway corridor shall include a ten-foot (10') hike and bike trail along one side of the roadway and three inch (3”) caliper shade trees planted at forty feet (40') intervals along each side of the roadway as generally depicted on Exhibit “G”. c. Community Amenity Park: A Community Amenity Park shall be developed within the Single Family Residential portion of the Creekside development. The improvements shall be completed with the initial phase of residential development and will provide for a range of active, family-oriented activities. The Community Amenity Park will be located on a lot owned and maintained by the HOA. The program for the Community Amenity Park shall include a minimum of four (4) elements from the following list with at least one (1) of the elements identified with an asterisk: 1. Tennis court / pickleball court* 2. Neighborhood playground facility* 3. Shade structure with seating 4. Sand volleyball pit 5. Open natural grass play areas (min of 15,000 SF) 6. Gathering area with pavers, decomposed granite, and/or turf and seating (min 1,000 SF) 7. Grill and picnic area 8. Other amenities as approved by Director of Development Services d. Neighborhood Park: The Creekside community’s design shall include a Neighborhood Park Page 243 Item 17. in the eastern portion of the community near the elementary school as generally depicted on Exhibit “D”. The land area to be dedicated to the Town of Prosper shall comply with the provisions of Chapter 10, Article 3, Division 6, Section 10.03.150 Dedication Requirements of the Subdivision Ordinance. e. Pedestrian Connectivity: Sidewalks located within HOA lots shall provide pedestrian corridors between blocks, pathways to the Neighborhood Park, and connection to the Town’s hike and bike trail system as generally depicted on Exhibits “D” and “H”. 3. USES, DENSITIES AND REGULATIONS a. Permitted Uses: Land uses allowed within the Single-Family Residential Tract are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 14, Article 3, Division 1, Section 3.1.4 of the Town's Zoning Ordinance. • Accessory Building • Antenna and/or Antenna Support Structure, Non-Commercial C • Construction Yard and Field Office, Temporary C • Homebuilder Marketing Center C • Home Occupation C • House of Worship • Model Home • Park or Playground • Private Recreation Center • School, Public • Single Family Dwelling, Detached • Antenna and/or Antenna Support Structure, Non-Commercial S • House of Worship S • Private Recreation Center S • Private Street Development S • School, Private or Parochial S b. Lot Yield: The maximum number of single family detached units shall be two hundred twenty-five one (225221), subject to the limits per lot type specified below. c. Lot Types: The single family detached lots developed within the community shall be in accordance with the following two Lot Types that shall be located throughout the community: 1. Type A Lots: Minimum lot area shall be ten thousand two five hundred and fifty square feet (10,250 500 sf) Lots. There shall be a maximum of fifty-five (55) Type A Lots. Maximum of fifty (50) Type A Lots. 2. Type B Lots: Minimum lot area shall be eleven thousand square feet (11,000 sf) Lots. There shall be a minimum of sixty (60) Type B Lots. 3. Type C Lots: Minimum lot area shall be twelve thousand square feet (12,000 sf) Lots. There shall be a minimum of fifty (50) Type C Lots. Minimum of fifty-five (55) Type C Lots. Formatted: Highlight Formatted: Highlight Page 244 Item 17. d. Area and Building Regulations: Should a discrepancy exist between the Town Zoning or Subdivision Ordinance and the standards within this PD, the language herein shall prevail. The area and building standards for the single-family lots are as follows: 1. Typical Lot Size: A typical lot shall be 76’x140’ but may vary so long as the requirements provided below are accommodated. 2. Minimum Lot Width: The minimum lot width shall be seventy-six feet (76’), except for lots located on a cul-de-sac, curve, or eyebrow which may have a minimum width of seventy feet (70’) as measured at the front yard setback provided all other requirements of this section are met. 3. Minimum Lot Depth: The minimum lot depth shall be one hundred and twenty-five feet (125’), except for lots located on a cul-de-sac, curve, or eyebrow or backing to a turn lane which may have a minimum depth of one hundred and twenty feet (120’). 4. Minimum Yard Setbacks: a. Minimum Front Yard Setback: The minimum front yard setback shall be twenty- five feet (25’). The minimum front yard setbacks for all lots fronting onto the same street along a block shall be staggered such that roughly one-third of the lots have a front yard setback that is reduced by five feet, one-third of the lots have a front yard setback as defined herein, and one-third of the lots have a front yard setback that is increased by five feet. Not more than two lots in a row may incorporate the same front yard setback. In no case shall the front yard setback be less than twenty feet (20’) twenty-five (25’). The front yard setbacks for each lot shall be established at the time of preliminary plat and shall be included on the final plat. b. Minimum Side Yard Setbacks: The minimum side yard setbacks shall be eight feet (8’). For corner lots immediately adjacent to a side street right-of-way, the minimum side yard setbacks shall be fifteen feet (15’). c. Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty five feet (25’). The lots with an increased front yard setback may also decrease the rear yard setback by five feet. 5. Minimum Dwelling Area: Each dwelling shall contain a minimum of two thousand four hundred square feet (2,400 sf) of floor space for Type A Lots, two thousand six hundred square feet (2,600 sf) of floor space for Type B lots, and two thousand eight hundred square feet (2,800 sf) of floor space for Type B C Lots. Floor space shall include air conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. 6. Maximum Height: The maximum height for a structure shall be two and a half (2 ½) stories, no greater than forty feet (40’). 7. Permitted Encroachments: The minimum front yard setback may be reduced by ten feet (10’) in the following circumstances. In no case shall the reduction cause the Formatted: Highlight Page 245 Item 17. encroachment to be closer than fifteen feet (15’) from front property line): a. Swing-in garages provided that the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet (3’x5’). The swing-in garage that extends into the front yard shall be limited to one story in height, but may have a second story dwelling area above it. b. Non-enclosed porch, stoop, or balcony, or an architectural feature, such as a bay window without floor area or chimney. c. Fireplaces, awnings, overhang eaves, suspended planter or flower boxes, and box or bay windows may encroach up to three feet (3’) into the side yard setbacks. 8. Front Porches: Dwellings located directly across from the Neighborhood Park and the Community Amenity Park as identified on the Exhibit “D” shall have a front porch. a. The minimum porch depth shall be seven feet (7’) when less than eighteen feet (18’) wide, and no less than six feet (6’) otherwise. b. The minimum porch width shall be seven feet (7’). 9. Driveways: Driveways shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. 10. Exterior Surfaces: a. Masonry is defined as clay fired brick, natural and manufactured stone, granite, marble, stucco, cementitious material, and architectural concrete block. The exterior facade of a main building or structure, excluding glass windows and doors, shall be constructed on one hundred percent (100%) masonry, subject to the following conditions: 1. Stucco on structures shall be traditional 3-coat process cement plaster stucco. 2. Cementitious materials may constitute up to twenty fifty percent (20%) (50%) of the area for stories other than the first story. 3. On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. 4. Any portion of an upper story, excluding windows, that faces a street, public or private open space, public or private parks, or hike and bike trails, shall be one hundred percent (100%) masonry and cementitious fiber board may be used for up to twenty percent (20%). 5. The exterior cladding of chimneys shall be brick, natural or manufactured Page 246 Item 17. stone, or stucco. 6. Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. b. EIFS (exterior insulating and finish process) is not allowed on structures. 11. Roofing: a. Structures constructed on Lots shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. b. Metal roofs shall be non-reflective colors. c. A minimum of sixty five percent (65%) of the surface area of composition roofs shall maintain a minimum roof pitch of eight by twelve (8:12). d. A minimum of seventy five percent (75%) of the surface area of clay tile, cement tile, slate or slate products, standing seam metal, or concrete tile shall maintain a minimum roof pitch of three by twelve (3:12). 12. Garages: a. Dwellings shall have a minimum of two (2) car garage bays totaling a minimum of four hundred square feet (400 sf). b. Where a home has three or more garage/enclosed parking spaces, no more than two single garage doors or one double garage door shall face the street, unless the garage door(s) are located behind the main structure. c. Side entry garages shall be permitted on corner lots. d. Garage doors directly facing a street shall be located no closer than twenty-five (25’) from the property line. 13. Plate Height: Each structure shall have a minimum principal plate height of nine feet (9’) on the first floor. 14. Fencing: No fence, wall or hedge on a Lot shall exceed eight feet (8’) in height unless otherwise specifically required by the Town of Prosper. Unless otherwise specified, wood fence shall be allowed. a. All Lots lots adjacent to open space shall have a decorative metal fence, no greaterornamental metal fencing, not to exceed than six feet (6’) in height, abutting to open space. b. Corner lots adjacent to a street shall have ornamental metal fencing, not to exceed Page 247 Item 17. six feet (6’) in height, abutting the street. c. All fence returns shall consist of ornamental metal fencing, not to exceed six feet (6’) in height. c.d. No wood fencing shall exceed eight feet (8’) in height or six feet (6’) in height if atop a two feet (2’) or taller retaining wall. d.e. All permitted wood fencing shall conform to the Town’s ordinances, as it exists or may be amended. 15. Air Conditioners: No window or wall air conditioning units will be permitted on structures on Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by evergreen shrubbery save and except access and service space to the condensing units which may not be visible from the street. All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 16. Accessory Structures: Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. Accessory structures shall be separate from the main dwelling by a minimum of ten feet (10’), have a minimum rear yard setback of ten feet (10’), and a minimum side yard setback of eight feet (8’). 17. Maximum Lot Coverage: Fifty percent (50%). 18. Landscaping: a. Required trees shall not be smaller than three (3) caliper inches. A minimum of two (2) - four (4) caliper inch trees shall be located in the front yard of all Lots. The total caliper inches shall be eleven (11) caliper inches. The remaining required trees may be placed in the front or rear of the Lots. b. The minimum of twenty (20) shrubs, each a minimum of three (3) gallon in size when planted, shall be planted in the front yard of all Lots. c. One hundred percent of all front, side, and rear yards not covered by hardscape / xeriscape or landscaped beds shall be irrigated and sodded. d. All foundations visible from street shall have flower beds or evergreen shrubs generally screening foundation. Page 248 Item 17. COMMERCIAL RETAIL (29.80 Gross Acres) 1. GENERAL DESCRIPTION: This tract shall conform with the standards for Retail District (R) as contained in the Town’s Zoning Ordinance as it exists or may be amended, except as otherwise set forth in the development standards below. 2. AMENITIES: a. General: The Creekside Retail/Office area shall provide the opportunity for area residents to live, work, and shop in the same community. The development will integrate the natural drainage through the area into the design of the development. b. Creek Area: The Creek Area shall be improved to provide a natural area within the heart of the development as shown on Exhibit D. This Creek Area shall be located on a separate lot to be owned and maintained by a Property Owners Association (POA). Elements within the Creek Area shall include: 1. Walking path meandering in / around the Creek Area spanning between Legacy Drive and Frontier Parkway and with pedestrian connections to adjacent buildings 2. Shaded pedestrian congregation areas 3. USES AND REGULATIONS a. Permitted Uses: Land uses allowed within the Retail/Office Tract are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 14, Article 3, Division 1, Section 3.1.3 of the Town's Zoning Ordinance. • Administrative, Medical, or Professional Office • Alcoholic Beverage Sales* (Eliminate Use) • Antique Shop • Artisan's Workshop • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Building Material and Hardware Sales, Minor • Business Service • Commercial Amusement, Indoor (less than 15,000 SF per business) (SUP for any SF) • Community Center • Construction Yard and Field Office, Temporary C • Dry Cleaning, Minor • Furniture, Home Furnishings and Appliance Store • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • House of Worship • Insurance Office • Locksmith/Security System Company • Museum/Art Gallery • Nursery, Minor • Pet Day Care C • Print Shop, Minor • Private Recreation Center • Restaurant C • Retail Stores and Shops (maximum less than 8070,000 SF per building) (less than 40,000 SF) Formatted: Highlight Formatted: Highlight Formatted: Highlight Page 249 Item 17. • Retail/Service Incidental • School, Private or Parochial • School, Public • Theater, Neighborhood • Veterinarian Clinic and/or Kennel, Indoor • Antenna and/or Antenna Support Structure, Commercial S • Alcoholic Beverage Establishment and Alcoholic Beverage Sales S* (Eliminate Use) • Assisted Care or Living Facility S • Big Box S (greater than 70,000 SF) (Greater than 40,000 SF) • Child Care Center, Licensed S • Child Care Center, Incidental S • Commercial Amusement, Indoor (greater than 15,000 SF per business) S • Community Center S • Convenience Store with Gas Pump S • Convenience Store without Gas Pump S • Day Care Center, Adult S • Gas Pumps S • Massage Therapy, Licensed S • Meeting/Banquet/Reception Facility S • Restaurant, Drive-In S • Restaurant with Drive-Through S • Stealth Antenna, Commercial S * Regulated by TABC guidelines* b. Development Regulations: a. Size of Yards: 1. Minimum Front Yard – Thirty (30) feet. 2. Minimum Side Yard a. Fifteen (15) feet adjacent to nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on approved site plan. b. Thirty Fifty (3050) feet for a one (1) story building adjacent to a residential district and sixty seventy-five (6075) feet for a two (2) story building adjacent to a residential district. c. Thirty (30) feet adjacent to a street. d. No Side Yard required adjacent to the Creek Area 3. Minimum Rear Yard a. Fifteen (15) feet adjacent to nonresidential district. b. Thirty Fifty (3050) feet for a one (1) story building adjacent to a residential district and sixty seventy-five (6075) feet for a two (2) story building adjacent to a residential district. c. No Rear Yard required adjacent to the Creek Area b. Size of Lots: 1. Minimum Lot Area – Ten thousand (10,000) square feet. 2. Minimum Lot Width – One hundred (100) feet. 3. Minimum Lot Depth – One hundred (100) feet. c. Maximum Height – Two stories, no greater than forty (40) feet. Formatted: Highlight Formatted: Highlight Formatted: Highlight Page 250 Item 17. d. Maximum Lot Coverage – Forty (40) percent. e. Floor Area Ratio: Maximum 0.4:1. f. Exterior Surfaces/Building Materials: 1. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, and marble. Architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall may be used for big box uses. 2. Secondary materials used on the façade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS). Stucco and EIFS are only permitted a minimum of nine (9) feet above grade. 4. ADDITIONAL STANDARDS: Retail/Office development shall employ the following additional measures: a. An eight foot (8’) masonry screening wall shall be constructed between thealong the boundary of the Commercial Retail parcel where adjacent to residential areas.and the Single Family Residential parcels. The screening wall along the shared boundary between the Single Family Residential and Retail parcels shall be built by with the first property to develop. A Wall Maintenance Easement shall be granted along each side of the screening wall. b. A double row of large trees, three inch (3”) caliper minimum, shall be planted on thirty feet (30’) centers within a thirty (30’) wide landscape area along the boundary of the Retail parcel where adjacent to residential areas. c. Development along the boundary of the Retail portion where adjacent to residential areas shall be office use (medical or professional) only. d. Development along the boundary of the Retail portion where adjacent to residential areas shall only have one (1) multi-tenant building. e. Larger buildings shall be located closer to Frontier Parkway, away from the boundary of the Retail portion adjacent to residential areas. f. All site plans and façade plans in the Retail portion require Town Council approval. GENERAL REQUIREMENTS 1. Development Plan: A Conceptual Development Plan is hereby attached (Exhibit "D") and made a part of these development standards. It establishes the most general guidelines by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication and roads. 2. Maintenance of Facilities: The Developers shall establish a Homeowner's Association ("HOA") for Single Family Residential areas property and a Property Owner's Association ("POA'') for Retail/Office areasproperty, in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the respective Single Family Residential or Retail/Office development or adjacent Right-of-Way Formatted: Font: (Default) +Body (Calibri) Formatted: Left, Indent: Left: 2.18", Hanging: 0.24", Right: 0", No bullets or numbering Formatted: Highlight Formatted: Font: (Default) +Body (Calibri) Formatted: Left, Indent: Left: 2.18", Hanging: 0.24", Right: 0", No bullets or numbering Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.63", No bullets or numbering Page 251 Item 17. ("ROW). The HOA and POA documents shall be reviewed and approved by the Director of Development Services. Page 252 Item 17. 79.3'79.3'78.5'79.7'LEGACY DRIVE FRONTIER PARKWAYROAD AROAD AROAD BROAD BROAD C ROAD DROAD D ROAD CROAD EROAD EROAD QROAD FROAD GROAD H ROAD IROAD JROAD K ROAD K ROAD L ROAD L ROAD MROAD MROAD PROAD N ROAD O ROAD IROAD JROAD PPROPOSEDPARK+/- 1.6 ACPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDUTILITY EASEMENT60' ROW37' B-BSINGLE-FAMILYDEVELOPMENT90.7 ACPROPOSED RECLAIMEDFLOODPLAIN BOUNDARIESPROPOSEDHOA LOTPROPOSED RECLAIMEDFLOODPLAIN BOUNDARIESMIN FP=603.9MIN FP=603.9EXISTINGFLOODPLAIN BOUNDARIESEXISTINGFLOODPLAIN BOUNDARIESAPPROX 9.45 AC OFRECLAIMED FLOODPLAINFUTURECOMMERCIALDEVELOPMENT26.9 AC60' ROW37' B-B751.26'433.74'APPROX. LOCATION OF10' HIKE AND BIKE TRAILAPPROX. LOCATION OF10' HIKE AND BIKE TRAILAPPROX. LOCATION OF10' HIKE AND BIKE TRAILROAD N 60' ROW37' B-BFUTURETOWN PARK+/- 7.11 AC*******************************PROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTP.O.B.G:\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\LD-NTX\01_CADD\04_EXHIBITS\2024-06-18 ZONING EXHIBIT D\EXHIBIT D.dwg Sep 26, 2024-3:56pm sthomasBGE, INC.EXHIBIT DCREEKSIDEGROSS: 120.525 ACSINGLE FAMILY: 90.730 ACCOMMERCIAL: 29.795 ACCOLLIN COUNTY SCHOOL LAND SURVEYABSTRACT NO. 147TOWN OF PROSPERCOLLIN COUNTY, TEXASPREPARED: AUG 28, 2024PROJECT NO: ZONE-24-0013Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953OWNERSURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comLEGACY FRONTIER, LLC9111 Cypress Waters Blvd, Suite 300Coppell, Texas 75019-4858Contact: Sivaramaiah KondruPhone: 248-345-3818Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953APPLICANTContact: Garrett ScogginsTelephone: 972-464-4858 • Email: gscoggins@bgeinc.comNOTES1.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT THE TIME OF FINAL PLAT.2.PROPOSED RIGHT-OF-WAY WITHIN SINGLE-FAMILY PORTION TO BE 50' ROW WITH 31' B-B, UNLESS OTHERWISE SHOWN.3.THE CONCEPTUAL LAYOUT PROVIDED REFLECTS THE GENERAL INTENT; HOWEVER, THE FINAL LAYOUT WILL BE DETERMINED DURING THE PRELIMINARY SITE PLAN STAGE AND MUST COMPLY WITHALL TOWN REQUIREMENTS. THIS INCLUDES, BUT IS NOT LIMITED TO, ADHERENCE TO ALL FIRE CODE REGULATIONS, ENGINEERING DESIGN STANDARDS CONCERN DRIVEWAY SPACING, THROATDEPTH, AND TURN LANE REQUIREMENTS, AND THE TOWN'S STANDARD LANDSCAPING REQUIREMENTS, UNLESS SPECIFIED OTHERWISE IN EXHIBIT C (PLANNED DEVELOPMENT STANDARDS).ADDITIONALLY, ALL DEVELOPMENT STANDARDS OUTLINED IN THE TOWN ZONING ORDINANCE, UNLESS OTHERWISE DEFINED IN EXHIBIT C, MUST BE FOLLOWED AS WELL AS COMPLIANCE WITH ALLAPPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS, PARTICULARLY THOSE CONCERNING FLOODPLAINS AND WATERS OF THE U.S. THE APPROVAL OF THE LAYOUT DEPICTED IN EXHIBIT D DOESNOT CONFER ANY VESTED RIGHTS IN THIS ZONING CASE.VICINITY MAP(NOT TO SCALE)SCALE: 1" = 150'750150300LEGEND PROPOSED FIRE HYDRANT LOCATION* DWELLING WITH REQUIRED FRONT PORCHESPage 253Item 17. ZONE-24-0013 EXHIBIT “E” CREEKSIDE PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE It is anticipated that the development of the Creekside development will begin within 1 to 2 years after approval of the zoning ordinance, dependent upon construction of area thoroughfares and utilities benefitting the property. The Single Family Residential portion of the Creekside project is planned for development in one or two phases depending on market trends/demands. The initial phase of Single Family Residential is anticipated to begin on the western portion of the property fronting along Legacy. This initial phase will construct improvements to Legacy at that time. If phasing is utilized, the second phase will complete the remaining residential development, including dedication of the park at that time. The Retail/Office development should follow shortly after the Single Family Residential component assuming continued growth of the immediate and local marketplace. It is anticipated that the development of Creekside, excluding total construction of all structures, will be completed within 5 to 10 years. This schedule is subject to change due to various factors beyond the control of the developer such as housing and commercial market conditions, construction materials and labor availability and acts of nature, among others. Page 254 Item 17. Page 255 Item 17. Page 256 Item 17. Page 257 Item 17. Page 258 Item 17. Page 259 Item 17. Page 260 Item 17. Page 261 Item 17. Page 262 Item 17. Page 263 Item 17. Page 264 Item 17. Page 265 Item 17. Page 266 Item 17. Page 267 Item 17. Page 268 Item 17. Page 269 Item 17. Page 270 Item 17. Page 271 Item 17. Page 272 Item 17. Page 273 Item 17. CREEKSIDE CONCEPT LEGEND 3" CALIPER MIN. SHADE TREE; SPECIES TBD; SPACED AT 40'-0" ON CENTER. SHRUB AND GROUNDCOVER BED. TYP. MAIN ENTRY SIGN SCALE: 1" = 20'-0" NORTH CREEKSIDE / EXHIBIT G Town of Prosper, Denton County, Texas EXHIBIT G ELEVATION/SECTION SCALE: 1/4" = 1'-0" ENTRY MEDIAN PLAN SCALE: 1" = 20'-0" MAIN ENTRY SIGNAGE AND SCREENING ROAD A LEGACY DRIVE3'-0"15'-0"10'-0"5'-0"3'-0" ENHANCED SHRUBS AND GROUNDCOVER PLANTING. 3'-0" HT. STONE ENTRY SIGN WALL 3'-0" HT. STONE ACCENT WALL. TYP. 10'-0" WIDTH CONCRETE HIKE AND BIKE TRAIL 10'-0" WIDTH CONCRETE HIKE AND BIKE TRAIL 10'-0" WIDTH CONCRETE HIKE AND BIKE TRAIL 10'-0" WIDTH CONCRETE HIKE AND BIKE TRAIL 5'-0" WIDTH CONCRETE SIDEWALK 5'-0" WIDTH CONCRETE SIDEWALK LEGACY DRIVE 3'-0" HT. STONE ENTRY SIGN WALL ENTRY MEDIAN. SEE CROSS SECTION. Page 274 Item 17. SCALE: 1" = 20'-0" NORTH CREEKSIDE / EXHIBIT H Town of Prosper, Denton County, Texas EXHIBIT H PLAN SCALE: 1" = 20'-0" TYPICAL HOA TRAIL AREA 6'-0" WIDTH CONCRETE TRAIL. 5'-0" WIDTH CONCRETE SIDEWALK 5'-0" WIDTH CONCRETE SIDEWALK Page 275 Item 17. Page 1 of 23 CREEKSIDE DEVELOPMENT AGREEMENT THIS CREEKSIDE DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Legacy Frontier, LLC (“Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing a project in the Town known as Creekside (“Property”), a legal description of which Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Property was rezoned by the Town Council on or about _______, 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 Developer’s reasonable investment-backed expectations in said development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Materials,” attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Maintenance of Landscape Areas. A. Developer agrees to maintain all Landscape Areas (including all vegetation) on the Property, as referenced and/or depicted in the applicable zoning ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Further, Developer agrees that landscape maintenance obligations referenced herein include mulching of Landscape Areas, prompt replacement of dead or dying vegetation with new vegetation, mowing of Page 276 Item 17. Page 2 of 23 Landscape Areas, where required, and other routine and regular maintenance of plants and other vegetation. B. In the event that any Landscape Area or plants or vegetation is/are not properly maintained in accordance with this Agreement, the Town may give written notice to Developer of such failure to maintain and Developer shall promptly address such failure, taking into account the type(s) and species of such plants and vegetatio n and applicable planting cycles of same. After such notice, and Developer’s failure to address same, Developer agrees and acknowledges that the Town shall have the right to go onto Developer’s property and replace, replant or otherwise address such failu re to maintain any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town being promptly provided by the Town to Developer. In the event Developer does not pay such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on the Property for the costs it incurred for the work done, including a reasonable administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall not be considered a default in accordance with Paragraph 7 of this Agreement, and any obligations referenced in said Paragraph shall not be applicable to this Paragraph 2. C. Notwithstanding any provision in this Paragraph to the contrary, the Town specifically reserves the right to take enforcement action and/or file a complaint against Developer in the Town’s municipal court (or other appropriate forum) relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. 3. Certain Business Establishments Prohibited. Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug para phernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property a package liquor store, which for purposes of this Agreement is defined as any business entity th at is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. 4. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall Page 277 Item 17. Page 3 of 23 be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Developers of the Property, regardless of whether this Agreement is expressly referenced therein. 5. Applicability of Town Ordinances. Developer shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 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 s hall 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 Par ty 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 Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 8. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: Legacy Frontier, LLC 9111 Cypress Waters Blvd, Ste. 300 Coppell, Texas 75019 Attention: Sivaramaiah Kondru 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 Page 278 Item 17. Page 4 of 23 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. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 14. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. 15. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 16. Notification of Sale or Transfer; Assignment of Agreement. Developer shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Developer has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will Page 279 Item 17. Page 5 of 23 become a Developer of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor Developer assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Developer shall release Developer f rom any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 17. 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. 18. 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. 19. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. 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. 21. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 22. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall Page 280 Item 17. Page 6 of 23 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. 23. Waiver of Texas Government Code § 3000.001 et seq. With respect to any and all Structures to be constructed on the Property pursuant to this Agreement, Developer hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-3000.005, as amended. 24. Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any Third-Party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 25. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a 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 Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 26. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised or has had the opportunity to have legal counsel review this Agreement and advise Developer, regarding Developer’s rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Developer specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. Page 281 Item 17. Page 7 of 23 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 282 Item 17. Page 8 of 23 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager, Town of Prosper 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 283 Item 17. Page 9 of 23 DEVELOPER: LEGACY FRONTIER, LLC By: _____________________________ Name: Sivaramaiah Kondru Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2024, by Sivaramaiah Kondru on behalf of Legacy Frontier, LLC, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 284 Item 17. Page 10 of 23 EXHIBIT A (Property Description & Depiction) Page 285 Item 17. Page 11 of 23 Page 286 Item 17. Page 12 of 23 EXHIBIT B (Building Materials) Residential: 1. Architectural and Material Standards. i. Review and Approval Process. 1. The conceptual elevations in Exhibit F are intended to evoke a general look and feel of the architecture of the various house styles. Changes to materials and architectural elements are permitted so long as the building elevations adhere to the design guidelines outlined in the Design Guidelines of this Exhibit C. ii. Design Guidelines. 1. Masonry is defined as clay fired brick, natural and manufactured stone, granite, marble, stucco, cementitious material, and architectural concrete block. The exterior facade of a main building or structure, excluding glass windows and doors, shall be constructed on one hundred percent (100%) masonry. 2. Stucco on structures shall be traditional 3-coat process cement plaster stucco. 3. Cementitious materials may constitute up to twenty percent (20%) of the area for stories other than the first story. 4. On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. 5. Any portion of an upper story, excluding windows, that faces a street, public or private open space, public or private parks, or hike and bike trails, shall be one hundred percent (100%) masonry and cementitious fiber board may be used for up to twenty percent (20%). 6. The exterior cladding of chimneys shall be brick, natural or manufactured stone, or stucco. 7. Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. Page 287 Item 17. Page 13 of 23 8. EIFS (exterior insulating and finish process) is not allowed on structures. 9. Structures constructed on lots shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. 10. Metal roofs shall be non-reflective colors. 11. A minimum of sixty-five percent (65%) of the surface area of composition roofs shall maintain a minimum roof pitch of eight by twelve (8:12). 12. A minimum of seventy-five percent (75%) of the surface area of clay tile, cement tile, slate or slate products, standing seam metal, or concrete tile shall maintain a minimum roof pitch of three by twelve (3:12). Commercial: 1. Architectural and Material Standards. i. Review and Approval Process. 1. The applicant shall submit a Façade Plan and Material Sample Board for each structure at the time of Site Plan submission and is subject to the approval of Town Council. ii. Design Guidelines. 1. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, and marble. Architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall may be used for big box uses. 2. Secondary materials used on the façade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS). Stucco and EIFS are only permitted a minimum of nine (9) feet above grade. 3. All materials and exterior colors shall be compatible with those used throughout the development as determined by the Director of Development Services. Page 288 Item 17. Page 14 of 23 Exhibit F (Conceptual Elevations) Page 289 Item 17. Page 15 of 23 Page 290 Item 17. Page 16 of 23 Page 291 Item 17. Page 17 of 23 Page 292 Item 17. Page 18 of 23 Page 293 Item 17. Page 19 of 23 Page 294 Item 17. Page 20 of 23 Page 295 Item 17. Page 21 of 23 Page 296 Item 17. Page 22 of 23 Page 297 Item 17. Page 23 of 23 Page 298 Item 17. Page 299 Item 17. Proposal Purpose: •Construct a maximum of 221 single-family homes on 90.7 acres. •Construct commercial buildings with retail uses on 29.8 acres. History: •Originally zoned Planned Development-44. •Single-Family •Retail Uses Page 300 Item 17. Page 301 Item 17. Future Land Use Plan Medium Density Residential: •Recommends single-family detached dwelling units. •Lots that range from 12,500 square feet to 20,000 square feet. •Neighborhoods may have a variation of lot sizes provided that the density is within a specific range. •Range is 1.6 –2.5 dwelling units per acre. Retail & Neighborhood Services: •Recommends retail establishments that provide merchandise for retail sales, banks, neighborhood offices, and small medical offices.Page 302 Item 17. Page 303 Item 17. Surrounding Area Zoning Current Land Use Future Land Use Plan Subject Property Planned Development- 44 (Single Family-10 and Office/Retail) Vacant Medium Density Residential and Retail & Neighborhood Services North City of Celina Vacant N/A East Planned Development- 115 (Single-Family)Vacant Medium Density Residential South Planned Development- 63 (Single Family-15)Vacant Medium Density Residential West City of Celina Vacant N/A Page 304 Item 17. RESIDENTIAL SECTION Page 305 Item 17. Page 306 Item 17. Density Medium Density Residential: •Range is 1.6 –2.5 dwelling units per acre. Proposed Residential Area: •221 single-family homes on 90.7 acres. •Density of 2.4 dwelling units per acre. Page 307 Item 17. District Regulations Previous Regulations (Planned Development-44) Proposed District Regulations (Development Standards) Size of Yards Front: 25’(Type A &B) 30’(Type C) Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Size of Lots Minimum Area: 10,000 SF (Type A)–Max.of 54 11,000 SF (Type B)–Max.of 95 12,000 SF (Type C)–Min.of 49 Minimum Lot Width: 80’ Minimum Lot Depth: 125’ Minimum Area: 10,500 SF (Type A)–Max.of 55 (Town Staff recommend Max.of 50) 11,000 SF (Type B) 12,000 SF (Type C)–Min.of 50 (Town Staff recommend Min.of 55) Minimum Lot Width: 76’(70’on Cul-De-Sac) Minimum Lot Depth: 140’(120’on Cul-De-Sac) Maximum Height Stories: 40’ Stories: Two and a Half Stories or 40’ Maximum Lot Coverage Lot Coverage: 45 Percent Lot Coverage: 50 Percent Page 308 Item 17. Page 309 Item 17. Uses By Right: •Accessory Building •Construction Yard and Field Office, Temporary •Home Occupation •Homebuilder Marketing Center •Model Home •Park or Playground •School, Public •Single-Family Dwelling, Detached Page 310 Item 17. Uses Cont. By Specific Use Permit: •Antenna and/or Antenna Support Structure, Non-Commercial •House of Worship •Private Recreation Center •Private Street Development •School, Private or Parochial Page 311 Item 17. Uses Cont. Uses That Would Be Eliminated: •Athletic Stadium or Field, Private •Athletic Stadium or Field, Public •Bed and Breakfast Inn •Cemetery or Mausoleum •Day Care Center, Adult •Day Care Center, Child •Day Care Center, In-Home •Farm, Ranch, Stable, Garden, or Orchard •Garage Apartment •Golf Course and/or Country Club •Guest House •Household Care Facility •Municipal Uses Operated by the Town of Prosper Page 312 Item 17. Uses Cont. Uses That Would Be Eliminated Cont.: •Private Utility, Other Than Listed •Rehabilitation Care Facility •School District Bus Yard •Sewage Treatment Plant/Pumping Station •Stealth Antenna, Commercial •Telephone Exchange •Temporary Building •Utility Distribution/Transmission Facility •Water Treatment Plant Page 313 Item 17. Architectural Standards Building Materials (Permitted Materials): •Architectural Concrete Block •Cementitious Material •Clay Fired Brick •Granite •Marble •Stone (Natural, Precast, or Manufactured) •Stucco (Three-Coat Process Cement Plaster)Page 314 Item 17. Architectural Standards Cont. Building Materials (Design): •Exterior façade of main building or structures shall be constructed of 100% masonry. •Cementitious materials may constitute up to 20% of the area for stories other than the first story. •On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. •Any portion of an upper story, excluding windows, that faces a street, public or private parks, or hike and bike trails, shall be 100% masonry and cementitious fiber board may be used for up to 20%. •The exterior cladding of chimneys shall be brick, natural, or manufactured stone, or stucco. •Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, etc.Page 315 Item 17. Architectural Standards Cont. Roofing (Materials): •Structures constructed on lots shall have a composition slate, clay tile, standing seam metal, or cement/concrete tile roof. •Metal roofs shall be non-reflective colors. Roofing (Pitch): •A minimum of 65% of the surface area of composition roofs shall maintain a minimum roof pitch of 8:12. •A minimum of 75% of the surface area of clay tile, cement tile, slate or slate products, standing seam metal, or concrete tile shall maintain a minimum roof pitch of 3:12. Page 316 Item 17. Page 317 Item 17. Pedestrian Connectivity and Amenities Features: •Enhanced Entrance •Community Amenity Park •Neighborhood Park Page 318 Item 17. Page 319 Item 17. Pedestrian Connectivity and Amenities Cont. Enhanced Entrance: •From Legacy Drive to Community Amenity Park •Ten-Foot Hike & Bike Trail •Three-Inch Caliper Shade Trees in 40-Foot Intervals Page 320 Item 17. Page 321 Item 17. Pedestrian Connectivity and Amenities Cont. Community Amenity Park (Min. of Four Listed Amenities Including One of Bolded Items): •Gathering Areas w/ Pavers, Decomposed Granite, and/or Turf & Seating (Min. of 1,000 SF) •Grill and Picnic Areas •Neighborhood Playground Facility •Open Natural Grass Play Areas (Min. of 15,000 SF) •Sand Volleyball Pit •Shade Structure w/ Seating •Tennis Court/Pickleball Court Page 322 Item 17. Pedestrian Connectivity and Amenities Cont. Neighborhood Park: •Seven-acre park dedicated to the Town. Page 323 Item 17. Maintenance Homeowner’s Association: •Developers shall establish a Homeowner’s Association (HOA) where membership is mandatory. •Responsible for operation and maintenance of all common areas and/or common facilities. •Director of Development Services to review and approve HOA documents. Page 324 Item 17. COMMERCIAL SECTION Page 325 Item 17. Page 326 Item 17. District Regulations Previous Regulations (Planned Development-44) Proposed District Regulations (Development Standards) Size of Yards Front: 30’ Side: 15’(Adj.to Non-Residential) 30’(One-Story Adj.to Residential) 60’(Two-Story Adj.to Residential) Rear: 15’(Adj.to Non-Residential) 30’(One-Story Adj.to Residential) 60’(Two-Story Adj.to Residential) Front: 30’ Side: 0’(Adj.to Creek Area) 15’(Adj.to Non-Residential) 50’(One-Story Adj.to Residential) 75’(Two-Story Adj.to Residential) Rear: 0’(Adj.to Creek Area) 15’(Adj.to Non-Residential) 50’(One-Story Adj.to Residential) 75’(Two-Story Adj.to Residential) Size of Lots Minimum Area: 10,000 SF Minimum Lot Width: 100’ Minimum Lot Depth: 100’ Minimum Area: 10,000 SF Minimum Lot Width: 100’ Minimum Lot Depth: 100’ Maximum Height Stories: Two Stories or 40’ Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 40 Percent Lot Coverage: 40 Percent Page 327 Item 17. Uses By Right: •Administrative, Medical, or Professional Office •Alcoholic Beverage Sales –Town Staff in Opposition •Antique Shop •Artisan’s Workshop •Bank, Savings and Loan, or Credit Union •Beauty Salon/Barber Shop •Building Material and Hardware Sales, Minor •Business Service •Commercial Amusement, Indoor (Less Than 15,000 SF) –Town Staff in Opposition •Community Center Page 328 Item 17. Uses Cont. By Right Cont.: •Construction Yard and Field Office, Temporary •Dry Cleaning, Minor •Furniture, Home Furnishings and Appliance Store •Governmental Office •Gymnastics/Dance Studio •Health/Fitness Center •House of Worship •Insurance Office •Locksmith/Security System Company •Museum/Art Gallery •Nursery, Minor Page 329 Item 17. Uses Cont. By Right Cont.: •Pet Day Care •Print Shop, Minor •Private Recreation Center •Restaurant •Retail Stores and Shops (Less Than 70,000 SF) –Town Staff in Opposition •Retail/Service Incidental •School, Private or Parochial •School, Public •Theater, Neighborhood •Veterinarian Clinic and/or Kennel, Indoor Page 330 Item 17. Uses Cont. By Specific Use Permit: •Antenna and/or Antenna Support Structure, Commercial •Alcoholic Beverage Establishment –Town Staff in Opposition •Assisted Care or Living Facility •Big Box (Greater Than 70,000 SF) –Town Staff in Opposition •Child Care Center, Incidental / Licensed •Child Care Center, Licensed •Commercial Amusement, Indoor (Greater Than 15,000 SF) •Community Center •Convenience Store w/ Gas Pumps (By Right in PD-44) Page 331 Item 17. Uses Cont. By Specific Use Permit Cont.: •Convenience Store w/o Gas Pumps •Day Care Center, Adult •Gas Pumps (By Right in PD-44) •Massage Therapy, Licensed (By Right in PD-44) •Meeting/Banquet/Reception Facility •Restaurant, Drive In (By Right in PD-44) •Restaurant w/ Drive-Through •Stealth Antenna, Commercial (By Right in PD-44) Page 332 Item 17. Uses Cont. Uses That Would Be Eliminated: •Accessory Building •Antenna and/or Antenna Support Structure, Non-Commercial •Bed and Breakfast Inn •Beer & Wine Package Sales •Caretaker’s/Guard Residence •Farmer’s Market •Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority •Municipal Uses Operated by the Town of Prosper •Private Club •Private Utility, Other Than Listed •Temporary Building •Winery Page 333 Item 17. Architectural Standards Building Materials (Primary Materials): •Clay Fired Brick •Granite •Marble •Stone (Natural, Precast, or Manufactured) Page 334 Item 17. Architectural Standards Cont. Building Materials Cont. (Secondary Materials): •All Primary Materials •Aluminum or Other Metal •Cedar or Similar Quality Decorative Wood •EIFS •Stucco Page 335 Item 17. Architectural Standards Cont. Building Materials Cont. (Big Box): •Architectural Concrete Block •Architecturally Finished Concrete Tilt Wall •Split Face Concrete Masonry Unit Page 336 Item 17. Screening Residential Adjacency: •Eight-foot masonry wall adjacent to residential development that will be constructed by the first commercial or residential property to develop. •Wall maintenance easement provided along both sides of the screening wall. Page 337 Item 17. Pedestrian Connectivity and Amenities Features: •Creek Area Creek Area: •Located on separate lot that will be owned and maintained by Property Owner’s Association (POA). •Meandering walking path spanning between Legacy Drive and Frontier Parkway that includes pedestrian congregation areas. Page 338 Item 17. Maintenance Property Owner’s Association: •Developers shall establish a Property Owner’s Association (POA) where membership is mandatory. •Responsible for operation and maintenance of all common areas and/or common facilities. •Director of Development Services to review and approve POA documents. Page 339 Item 17. Summary of Applicant’s Requests Maximum/Minimum Lot Types: •Applicant is requesting a maximum of fifty-five Type A Lots (10,500 SF). •Town Staff is recommending a maximum of fifty Type A Lots. •Applicant is requesting a minimum of fifty Type C Lots (12,000 SF). •Town Staff is recommending a minimum of fifty-five Type C Lots. Page 340 Item 17. Summary of Applicant’s Requests Cont. Staggered Setbacks: •Applicant is requesting that all lots have a minimum front setback of 25 feet and be staggered at 20, 25, and 30 feet. •Town Staff is recommending that all lots have a minimum front setback of 25 feet and be staggered at 25, 30, and 35 feet. Page 341 Item 17. Summary of Applicant’s Requests Cont. Uses: •Applicant is requesting to have an “Alcoholic Beverages Sales” use by right . •Town Staff is recommending that this use be removed. •Applicant is requesting to have an “Alcoholic Beverages Establishment” use by Specific Use Permit. •Town Staff is recommending that this use be removed. Page 342 Item 17. Summary of Applicant’s Requests Cont. Uses Cont.: •Applicant is requesting that the “Bank, Savings and Loan, or Credit Union” use have an associated drive-through by right. •Town Staff is recommending that this use not have an associated drive -through. •Applicant is requesting that the “Commercial Amusement, Indoor” use be permitted by right if it does not exceed 15,000 square feet and permitted by Specific Use Permit if it exceeds 15,000 square feet. •Town Staff is recommending that this use be permitted by Specific Use Permit regardless of the square footage. Page 343 Item 17. Summary of Applicant’s Requests Cont. Uses Cont.: •Applicant is requesting that the “Retail Stores and Shops” use be permitted by right if it does not exceed 70,000 square feet. •Town Staff is recommending that this use be permitted by right if it does not exceed 39,999 square feet. •Applicant is requesting that a “Big Box” use be defined as exceeding 70,000 square feet. •Town Staff is recommending that this use be defined as exceeding 40,000 square feet. Page 344 Item 17. Summary of Applicant’s Requests Cont. Residential Adjacency: •Applicant is requesting to plant a double row of large, three-inch (3”) caliper trees in a 30-foot landscape buffer adjacent to the residential area instead of Town Staff’s recommendations. •Town Staff is recommending the following: •Development immediately adjacent to the residential area be office uses (medical and professional) only. •Development immediately adjacent to the residential area have one multi -tenant building. •Development immediately adjacent to the residential area be located closer to Frontier Parkway based on size of the building. Page 345 Item 17. Summary of Applicant’s Requests Cont. Plan Approval: •Applicant is requesting that site plans be approved by the Planning & Zoning Commission and façade plans be approved by the Director of Development Services. •Town Staff is recommending that site plans and façade plans be approved by Town Council. Page 346 Item 17. Noticing Notices: •Friday, November 8th Citizen Response: •None Page 347 Item 17. Recommendation P&Z Recommendation: •Approved 4-3 (Commissioners Jackson, Carson, and Harris in Opposition) •Commissioners Jackson, Carson, and Harris voted in opposition to this item due to concerns pertaining to the lots within the proposed residential subdivision not falling in the desired lot size range for Medium Density Residential subdivisions (12,500 SF to 20,000 SF) and preferring larger lot sizes instead of larger home sizes. Staff Recommendation: •Approval subject to Town staff’s recommendations. Page 348 Item 17. Page 1 of 7 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 for The School House Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone 5.7± acres on George Horn Survey, Abstract 412, Tract 2 from Agricultural to Planned Development–Retail, located on the west side of Custer Road and 470± feet south of Frontier Drive. (ZONE-24-0017) Future Land Use Plan: The Future Land Use Plan recommends Retail & Neighborhood Services. The proposed zoning request conforms to the Future Land Use Plan. PLANNING Page 349 Item 18. Page 2 of 7 Zoning: The property is zoned Agricultural. Thoroughfare Plan: This property has direct access to Custer Road. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. 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. Staff has received two responses in opposition to the proposed zoning request to date. If a written protest against a zoning change has been filed with the Planning Department by the owners of 20 percent of the land within 200 feet of the property, the zoning change shall not become effective except by the affirmative vote of three quarters of all members of the Town Council. Attached Documents: 1. Aerial & Zoning Maps 2. Future Land Use Exhibit 3. Exhibit A-1 – Written Metes and Bounds 4. Exhibit A-2 – Boundary Exhibit 5. Exhibit B – Letter of Intent 6. Exhibit C – Development Standards 7. Exhibit D – Conceptual Plan 8. Exhibit E – Development Schedule 9. Exhibit F – Elevations 10. Exhibit G – Landscape Plan 11. Exhibit H – Floor Plan 12. Traffic Management Plan 13. Draft Development Agreement 14. Opposition Map 15. Letter of Opposition (Thompson, B.) 16. Letter of Opposition (Hanson, D.) Description of Agenda Item: The purpose of this request is to rezone the property from Agricultural to a Planned Development with a base zoning of Retail. The intent of the request is to construct a retail building on the northern tract (Tract 1) and a private school on the southern tract (Tract 2). The private school, The School House, will be developed first while the retail building will be developed later. The southern tract is approximately two acres and will have a private school with a barn, green house, music room, and playground. The school is planning for a maximum enrollment of 64 students with ten staff members. Earlier this year, the applicants requested a Specific Use Permit for this use in the downtown area. The project has been relocated to address previous concerns regarding the location of the initial request. Compatibility: This zoning change would not be seen as out of character with the existing area due to compatibility with the surrounding properties. There is commercial development to the north of this property and the site to the south has similar uses to the ones proposed on the southern tract. Page 350 Item 18. Page 3 of 7 The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant Retail & Neighborhood Services North Agricultural Self-Storage Facility Retail & Neighborhood Services East City of McKinney Vacant N/A South Agricultural House of Worship Low Density Residential West Single Family-Estate Residential Low Density Residential District Regulations: The district regulations for this Planned Development are the same as the standards of the Retail District in the Town’s Zoning Ordinance. The regulations are shown below. Proposed District Regulations (Development Standards) Size of Yards Front: 30’ Side: 15’ 30’ (One-Story Adj. to Residential) 60’ (Two-Story Adj. to Residential) Rear: 15’ 30’ (One-Story Adj. to Residential) 60’ (Two-Story Adj. to Residential) Size of Lots Minimum Area: 10,000 SF Minimum Lot Width: 100’ Minimum Lot Depth: 100’ Maximum Height Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 40 Percent Page 351 Item 18. Page 4 of 7 Uses: The list of permitted uses within this Planned Development is shown below.  By Right: o Childcare Center, Licensed o Farm/Ranch/Stable/Garden or Orchard o Feed Store o House of Worship o Nursery, Minor o Pet Day Care o Private or Parochial School (Tract 2 Only) o Professional Office (No Medical) Landscaping: The landscaping standards for this Planned Development in comparison to the landscaping standards for commercial development in the Town’s Zoning Ordinance are shown below. TRACT 1 (NORTHERN TRACT) In Tract 1, the only deviation from the commercial landscaping standards is an increased landscape buffer on the western boundary adjacent to residential development. Required Landscaping (Commercial Requirements) Proposed Landscaping (Development Standards) Northern Boundary Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub, five- gallon minimum, every 15 linear feet. Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub, five- gallon minimum, every 15 linear feet. Eastern Boundary Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Fifteen (15) shrubs, five-gallon minimum, every 30 linear feet. Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Fifteen (15) shrubs, five-gallon minimum, every 30 linear feet. Southern Boundary Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub, five- gallon minimum, every 15 linear feet. Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub, five- gallon minimum, every 15 linear feet. Western Boundary Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Buffer: 20’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Page 352 Item 18. Page 5 of 7 TRACT 2 (SOUTHERN TRACT) In Tract 2, the only deviations from the commercial landscaping standards are living screens on the southern and western boundaries adjacent to residential zoning and an increased landscape buffer on the western boundary adjacent to residential development. Required Landscaping (Zoning Ordinance) Proposed Landscaping (Development Standards) Northern Boundary Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub, five- gallon minimum, every 15 linear feet. Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub, five-gallon minimum, every 15 linear feet. Eastern Boundary Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Fifteen (15) shrubs, five-gallon minimum, every 30 linear feet. Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Fifteen (15) shrubs, five-gallon minimum, every 30 linear feet. Southern Boundary Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Buffer: 15’ Landscape Area Plantings: Double row of evergreen trees, six- foot minimum, with offsetting centers. Western Boundary Buffer: 15’ Landscape Area Plantings: One large tree, three-inch caliper minimum, every 30 linear feet. Buffer: 20’ Landscape Area Plantings: Double row of evergreen trees, six- foot minimum, with offsetting centers. Screening: The screening standards for this Planned Development in comparison to the screening standards for commercial development in the Town’s Zoning Ordinance are shown below. TRACT 1 (NORTHERN TRACT) In Tract 1, there is no deviation from the commercial screening standards. Proposed Screening (Development Standards) Northern Boundary None Eastern Boundary None Southern Boundary None Western Boundary 6’ Masonry Wall Page 353 Item 18. Page 6 of 7 TRACT 2 (SOUTHERN TRACT) In Tract 2, the only deviations from the commercial screening standards are living screens on the southern and western boundaries adjacent to residential zoning instead of six-foot masonry walls. Town Staff have worked with the applicant to create screens that are compatible with the existing natural pond and vegetation. Required Screening (Zoning Ordinance) Proposed Screening (Development Standards) Northern Boundary None None Eastern Boundary None None Southern Boundary 6’ Masonry Wall Living Screen Western Boundary 6’ Masonry Wall Living Screen Architectural Standards: The architectural standards within this Planned Development are shown below.  Building Materials: o Tract 1 (Northern Tract)  Clay Fired Brick  Granite  Marble  Stone (Natural, Precast, or Manufactured)  Other Materials as approved by the Director of Development Services o Tract 2 (Southern Tract)  Hardi Board Siding w/ Batten and Trim (See Exhibit F) Drainage: The drainage standards within this Planned Development require retention, serving both tracts, to be located on the northern tract if drainage and detention easements cannot be acquired from adjacent property owners. Traffic Management: The traffic management standards within this Planned Development require adherence to the traffic management plan (see attachment) that has been reviewed and approved by the Town’s Engineering Department. Town Staff Recommendation: Town Staff recommends approval of the request to rezone 5.7± acres on George Horn Survey, Abstract 412, Tract 2 from Agricultural to Planned Development–Retail, located on the west side of Custer Road and 470± feet south of Frontier Drive. Page 354 Item 18. Page 7 of 7 Planning & Zoning Recommendation: The Planning & Zoning Commission recommended approval of this item by a vote of 6-1 at their meeting on November 5, 2024. Commissioner Hamilton voted in opposition to this item due to the motion including the requirement of a living screen on the western property line. Commissioner Hamilton noted for the record that he was in favor of the proposal but was not in favor of requiring additional landscaping to the existing tree line. Additionally, Commissioner Blanscet noted for the record that he was also in favor of not requiring a living screen on the western property line. Further, Chair Daniel recommended that the living screen on the western property line be further evaluated. Three-Fourths Vote: Due to the opposition from surrounding properties within 200 feet, exceeding 20 percent of the land area, this item requires an affirmative vote of three quarters of all members of the Town Council to be approved. Proposed Motion: I move to approve/deny the request to rezone 5.7± acres on George Horn Survey, Abstract 412, Tract 2 from Agricultural to Planned Development–Retail, located on the west side of Custer Road and 470± feet south of Frontier Drive. Page 355 Item 18. 17 The School House Page 356 Item 18. 17 The School House Page 357 Item 18. Future Land Use Exhibit Page 358 Item 18. A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTST A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 16, 2024 ZONE-24-0017 METES & BOUNDS SCALE: 1" = 20'-0" 01 N ACOORDING TO FEMA MAP NO. 48085C0140J, DATED 6-2-2009 THIS 5.657 ACRE TRACT OF LAND IS NOT IN THE 100 YEAR FLOOD PLAIN. PD EX A-1 WRITTEN METES & BOUNDS "EXHIBIT A-1" Page 359 Item 18. VARIOUS TREES A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN07.18, 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE ZONE-24-0017 I S S U E : PD FOR P R O J E C T NO: 2406SH.01 P & ZP & Z SEP. 30, 2024 REV. OCT. 21, 2024 PD EX A-2 "EXHIBIT A-2" BOUNDARY I S S U E : P R O J E C T NO: 2406SH.01 EXISTING PROPERTY BOUNDARY SCALE: NTS 03 GREATER VICINITY MAP 01 SCALE: 1" = 30'-0" United States TX, Collin Co. -96.733413, 33.260031 https://www.bing.com/maps/?cp=33.259855%7E -96.733284&lvl=20.4 -96.73, 33.25 from epsg.io COORDINATES SCALE: NTS 02 COORDINATES( FM 2478 i )EXISTING PONDN 02° 14' 37" W 508.44' S 89° 32' 00" W 285.51' N 89° 36' 34" E 488.82' S 10° 24' 19" E 508.26'NOTE: REMAINING ACREAGE IN THE PD. WILL REMAIN AS IS UNTIL DEVELOPED FOR COMMERCIAL PURPOSES Page 360 Item 18. A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 30, 2024 REV. OCT. 21, 2024 ZONE-24-0017 STATEMENT OF INTENT PD EX B STATEMENT OF INTENT01 • Current acreage: 5.657 Acres • Proposed acreage: 2.2 Acres • Remainging 3.427 acreage will remain as is until developed for commercial purposes. • Location of the property: 5799 N Custer Rd, Prosper, TX 75071 • Proposed Use: Boutique Private School for Pre-K Students called “The School House”. • The private school will rest on 2 beautiful, private, gently sloping acres with towering trees. This acreage will provide the perfect setting for a small boutique Private School experience for the children. • The property will meet today’s standards for a first-class, commercial grade construction modern Private School facility. The goal is for this to be one of the premier Private Schools for Pre-K aged children in all of North Texas • This special property rests on a beautiful lot on the outskirts of Prosper (2.0 Acres) and currently borders a church and a storage facility. We have met with the church staff and they have enthusiastically expressed their support for the project. We believe both facilities will be a tremendous blessing to one another as they share a similar passion – to bless families and their young children with the highest degree of love and care coupled with a first-class, quality education. • New owners are asking for the Town of Prosper to allow a re-zoning that would include the use of a Private School. This lot is currently zoned AG and the Town’s plans for the future use of this site is commercial development – which fits well within the scope of what we are hoping to accomplish. • The School House would infuse a significant amount of cash / capital into the redevelopment and beautification of the area (approx. $1,000,000). • The property would be a classic, all white, old-fashioned modern school house and would be a tremendous blessing to the community. This Private School would serve as a launching pad for Pre-K children in Prosper as they prepare for the dual language program currently being offered in Prosper ISD. • The School House would provide dual language and educational resources for the families of Prosper, TX by providing one of the most unique curricular experiences a Private School has ever offered in the Town of Prosper. • Curriculum would include Language Arts (Dual Language – Spanish and English) and Math. Other activities would include Library (Reading Corners), Bible, Farm and Gardening, Music and Fine Arts. • Grounds would include a barn for small farm animals per Town Code for the children to care for, a small greenhouse for the children to produce their own fruit and vegetables, and a high-quality playground for the children. There would also be a cozy outdoor gathering space for parents to relax complete with Adirondack chairs, overhead string lights and more. • The School House LLC name has already registered with the Secretary of State and has been approved and granted a Certificate of Formation Limited Liability Company designation. EIN# is 87-4143365. THE SCHOOL HOUSE "EXHIBIT B" Page 361 Item 18. ZONE-24-0017 Exhibit “C” Development Standards This tract shall develop under the regulation of the Retail (R) 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 uses within this Planned Development District are as follows: • Child Care Center, Licensed • Farm/Ranch/Stable/Garden or Orchard • Feed Store • House of Worship • Nursery, Minor • Pet Day Care C • Private or Parochial School (Tract 2 Only) • Professional Office (No Medical) 2.0 Setbacks 2.1 The setback requirements within this Planned Development District are as follows: • Tracts 1-2 (Northern & Southern Tracts): o Front Setback – 30’ o Side Setback – 15’ • Adjacent to Residential Development (One-Story) – 30’ • Adjacent to Residential Development (Two-Story) – 60’ o Rear Setback – 15’ • Adjacent to Residential Development (One-Story) – 30’ • Adjacent to Residential Development (Two-Story) – 60’ 3.0 Landscaping 3.1 The landscaping requirements within this Planned Development District are as follows: • Tract 1 (Northern Tract): Page 362 Item 18. o Northern Boundary – 5’ Landscape Buffer • One ornamental tree every 15 linear feet. • One shrub, five-gallon minimum, every 15 linear feet. o Eastern Boundary – 15’ Landscape Buffer • One large tree, three-inch caliper minimum, every 30 linear feet. • Fifteen shrubs, five-gallon minimum, every 30 linear feet. o Southern Boundary – 5’ Landscape Buffer • One ornamental tree every 15 linear feet. • One shrub, five-gallon minimum, every 15 linear feet. o Western Boundary – 20’ Landscape Buffer • One large tree, three-inch caliper minimum, every 30 linear feet. • Tract 2 (Southern Tract): o Northern Boundary – 5’ Landscape Buffer • One ornamental tree every 15 linear feet. • One shrub, five-gallon minimum, every 15 linear feet. o Eastern Boundary – 15’ Landscape Buffer • One large tree, three-inch caliper minimum, every 30 linear feet. • Fifteen shrubs, five-gallon minimum, every 30 linear feet. o Southern Boundary – 15’ Landscape Buffer • Double row of evergreen trees, 6-foot minimum, with offsetting centers. o Western Boundary – 20’ Landscape Buffer • Double row of evergreen trees, 6-foot minimum, with offsetting centers. 4.0 Screening 4.1 The screening requirements within this Planned Development District are as follows: • Tract 1 (Northern Tract): o Northern Boundary – None Page 363 Item 18. o Eastern Boundary – None o Southern Boundary – None o Western Boundary – 6’ Masonry Wall • Tract 2 (Southern Tract): o Northern Boundary – None o Eastern Boundary – None o Southern Boundary – Living Screen o Western Boundary – Living Screen 5.0 Architectural Standards 5.1 The architectural standards within this Planned Development District are as follows: • Tract 1 (Northern Tract): o Buildings shall consist of masonry materials including clay fired brick, natural, precast, and manufactured stone, granite, and marble. o Other materials to be approved by the Director of Development Services. • Tract 2 (Southern Tract): o Buildings shall consist of hardi board siding with batten and trim as shown in Exhibit F. 6.0 Drainage 6.1 The drainage standards within this Planned Development District are as follows: • If drainage and detention easements cannot be acquired from adjacent property owners of the existing pond, retention shall be located on the northern tract to serve both tracts. 7.0 Traffic Management 7.1 The traffic standards within this Planned Development District are as follows: • Traffic shall follow the Traffic Management Plan and failure to comply will result in penalties to be determined by the Director of Development Services. Page 364 Item 18. VARIOUS TREES A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN07.18, 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE ZONE-24-0017 I S S U E : PD FOR P R O J E C T NO: 2406SH.01 P & ZP & Z SEP. 30, 2024 REV. OCT. 21, 20245'-0"5'-0"Living screen will be provided in lieu of masonry screening wall. 3 3 46'-0 1/2"20'-0" 5 7 3 20'-0"9'-0"9'-0"9,513 s.f. PARKING & LANE 9,513 s.f. PARKING & LANE 10'-0"9'-0"9'-0"9'-0"20'-0"25'-6"38'-7" 12'-6"81'-8"5'-0"QUE LANE 24'-0"FIRE LANE 24'-0"15'-0"24'-0"10'-0"24'-0"20'-0"Fire Lane 7,155 s.f. 30'-6" Fire Lane 7,155 s.f. 29'-6" DUMPSTERS 02° 37' 19" W 308.32' S 89° 32' 00" W 285.51' S 02° 37' 19" W 203.12'N 89° 36' 34" E 488.82' STORAGE BLDGS. 01 SCALE: 1" = 30'-0" Pond 15'-0" EXISTING FIRE HYDRANT (on PARKING ISLAND)S 10° 24' 19" E 200'S 10° 24' 19" E 308.28'EXISTING FIRE HYDRANT G.G.G.G.G.G. G. 4' FENCE G. 4' FENCE 4' FENCEG. G. 104' BARN 600 s.f. 100' P. 600 s.f. 100' P. 125' P G. the FARM 6,111 s.f. 372' P. G. VIEW 12"P EXISTING GROUPED SMALL TREES CHINESE TALLOW 23"P 1.5” ? 2.5” ? Beaver Felled Tree 12"Pecan 16"Cedar 10"Pecan G.4' FENCE 4' FENCE GREEN HOUSE 320 s.f. 72' P. MUSIC ROOM (NOT AN ADDITIONAL 320 s.f. CLASSROOM - 64 MAX. STUDENTS) 74' P. 15' LANDSCAPE BUFFER RE: Note No. 5, 6, 7 15' LANDSCAPE BUFFER 15' LANDSCAPE BUFFER 20' LANDSCAPE BUFFER 15"P 6" TREE 10"P9"P7"P 13"P11"P13"P12"P14" P 14" P 11” W 7" P 14"P 8"P 20' LANDSCAPE BUFFER 1.5” ? 2.5” ? 23"P 10"P 12"P 16"C 45”BP 14"P18"P the GROVE 15' SIDE YARD SETBACK SITE AREA TABULATION 96,589 s.f.EXISTING SITE AREA 27,508.29 s.f.IMPERVIOUS AREA 69,029.87 s.f.PERVIOUS AREA 6,761.23 s.f.7% OPEN SPACE REQ'D 29,501.0 s.f.OPEN SPACE 96,589 s.f.EXISTING LANDSCAPE AREA 26,976.0 s.f.PROPOSED LANDSCAPE AREA 17,997.76 s.f.PARKING AREA & CONC. LANES Existing Zoning: Agricultural Current Use: Agricultural PROPOSED USE: Private School FLU: Retail Zoning Change Needed: PD - RETAIL DISTRICT Dumpster: 12' x 11'x 8' ENCLOSURE per Republic Outdoor Play Space = 65 sf. child = 4,160 s.f.min. 65 sf x 64 = 4,160 s.f. min. 6,557s.f. Provided SITE DATA 3,655 s.f. L1 MAIN BLDG. 425 s.f. L2 LIBRARY 3,980 s.f. TOTAL BLDG. AREA 600 s.f.BARN AREA 320 s.f.GREENHOUSE AREA 334 s.f.CLASSROOM 5,234 s.f.TOTAL BUILDING AREAS 4,909 s.f. PLAYGROUND AREA Max Bldg. Ht.40' PARKING CALCULATIONS: #RATIO 1:10 Students:64 6.4 Teachers:4 4 Staff:3 3 13.4 Spaces Req'd. 21 Provided Handicap 1:25 2 Provided ALL PARKING SPACES 9' x 20' AREA & PARKING TABULATION 1. Project will utilize On-Site Sewage Facility (OSSF) 2. Existing detention pond can only be utilized after a detention and drainage easement is aquired from all abutting property owners. An analysis will need to be preformed to demonstrate that the existing pond has the required capacity. All detention requirements for the Town of Prosper will be met. 3. Project will utilize On-Site Sewage Facility (OSSF) 4. Code Modification FIRE-24-0319 applies ONLY to the southern lot. Future development shown on the northern lot shall comply fully with the Town Fire Code. Revise the notes in accordance with the conditions in FIRE-24-0319 and note applicability of the approval. NOTES: PD EX D-1 "EXHIBIT D-1" CONCEPT PLAN FULL PROPERTY BOUNDARY CONCEPTUAL PLAN Alternate DETENTION POND PER CITY/ CIVIL REQUIREMENT POND TO BE USED AS 1ST OPTION 140'-0"24'-0"23'-9 1/2"FIRE LANE FIRE LANE 30' R. 30' R. 5' LANDSCAPE BUFFER 30' BUILDING LINE24'-0"24'-0"9'-0"20'-0" 15' LANDSCAPE BUFFER RE: Note No. 5, 6, 7 Child Care Center Licensed Farm/Ranch/ Stable/Garden or Orchard Feed Store House of Worship Nursery, Minor Pet Day Care Private or Parochial School Professional Office (No Medical) FIRE LANE 108'-1 1/4"DETENTION: 1. Existing detention pond can only be utilized after a detention and drainage easement is required from all abutting property owners. An analysis will need to be performed to demonstrate that the existing pond has the required capacity. All detention requirements for the Town of Prosper will be met. 2. The outfall structure will need to be analyzed and reconstructed if required to restrict the discharge to the pre-development conditions. Since this structure is on a neighboring property, (LOT 11 & 12) the agreement with the neighboring property for maintenance of the structure will need to be submitted to the Town.ASPHALT HIGHWAY89° 32' 0" W 195.87' EXSITING CHURCH FIRE LANE 130.5'APPROX. 975' ft.NEAREST INTERSECTION FRONTIER PKWY.NEAREST INTERSECTION CHRISTIE FARMS BLVD.APPROX. 1,161' ft. 2.20 ACRES 96,589 s.f.24'PLAY GROUND6,557 s.f.PROPOSED WIDTH200'PROPOSED PROPERTY BOUNDARY 30' BUILDING LINEFaculty Cars ONLY parked Prior to Student arrival. No need for Cars to leave prior to Cars in Que. RELOCATE EXISTING FIRE HYDRANT NEAR FIRE LANE SEPTIC FIELD 5,100.00 SF EXISTING GROUPED SMALL TREES CHINESE TALLOW Beaver Felled Tree NOTES: 1. All Walk Ways & Paths To Be ADA Accessible 2.Buildng To Be Sprinklered As Required By Code 3.Verify All Tree Locations 4.Verify Existing Parking Boundary @ Church 5.5 Foot North Landscape Easement: One Small Tree and One Five-Gallon Evergreen Shrubs Shall Be Planted Every 15 Linear Feet. These Trees And Shrubs May Be Clustered In Lieu Of Placing Them Every 15 Feet. 6.Parking abutting the landscape area shall be screened from the adjacent roadway. The required screening may be accomplished with shrubs or earthen berms. 7.15 Foot South Landscape Easement: One Large Tree , Three-Inch Caliper Minimum 30 linear feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate space for species, i.e. Evergreen Shrubs. 8.FIRE LANE GRADES Maximum Cross Slope -4 % Maximum Longitudinal Slope -6% Maximum Angle of approach-5% Maximum Angle of departure-5% FUTURE DEVELOPMENT 3.457 Acres United StatesTXCollin Co. 33.260031, -96.733413 https://www.bing.com/maps/?cp=33.259855%7E-96.733284&lvl=20.4 COORDINATES 5' LANDSCAPE BUFFER 484'-0" N 89° 42' 57" E 484.32' 15' WASTLINE EASEMENTOLD CUSTER ROAD (FM 2478i)TRACT 1 FUTURE HOSE LAY TO BE 150' FROM FIRE LANE BLDG. SIZE TO ABIDE BY FIRE CODE TRACT 2 EXISTING FIRE HYDRANT 3' WALKWAY 30' R. 30' R. CR 3 16 Students MUTLI- PURPOSE AREA OFFICE STORAGE MOPW D 30x72 R/F CL.CL. STORAGE BELL TOWER C.R. 2 C.R. 1 LOBBY MAIN HALL MAIN HALL M/W RISER ROOM C.R. 2 C.R. 1 CR 2 16 Students CR 4 16 Students CR 1 16 Students M/W BREAK/WORK ROOM VIEW VIEW 125' Midpoint 250' P FIRE HOSE LENGTH 135' Midpoint 270' PTWO STORY 3,980 BLDG. Page 365 Item 18. RELOCATED EXISTING FIRE HYDRANT & NEW FDC 2' FROM FIRE LANE EXISTING FIRE HYDRANT A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 30, 2024 REV. OCT. 17, 2024 ZONE-24-0017 RHEA'S MILL BAPTIST CHURCH CLERK'S FILE NO. 20140522000507370 EXISTING FIRE HYDRANT (on PARKING ISLAND) G.G.G.G.G.G. G. G. 4' FENCE G. 4' FENCE 4' FENCEG. G. 104' BARN 600 s.f. 100' P. 600 s.f. 100' P. 125' P G. the FARM 6,111 s.f. 372' P. PLAY GROUND6,557 s.f.9'-0"20'-0"25'-6"38'-7" 12'-6"81'-8"5'-0"QUE LANE 24'-0"FIRE LANE 24'-0"15'-0"24'-0"10'-0"24'-0"20'-0"Fire Lane 7,155 s.f. 30'-6" Fire Lane 7,155 s.f. 29'-6" 3 3 46'-0 1/2"20'-0" 5 7 3 20'-0"9'-0"9'-0"9,513 s.f. PARKING & LANE 9,513 s.f. PARKING & LANE 10'-0"9'-0"9'-0"LOT 13 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS LOT 12 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS LOT 11 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS 4' FENCE4' FENCE 4' FENCE GREEN HOUSE 320 s.f. 72' P. 1. All Walk Ways & Paths To Be ADA Accessible 2.Buildng To Be Sprinklered As Required By Code 3.Verify All Tree Locations 4.Verify Existing Parking Boundary @ Church 5.5 Foot North Landscape Easement: One Small Tree and One Five-Gallon Evergreen Shrubs Shall Be Planted Every 15 Linear Feet. These Trees And Shrubs May Be Clustered In Lieu Of Placing Them Every 15 Feet. 6.Parking abutting the landscape area shall be screened from the adjacent roadway. The required screening may be accomplished with shrubs or earthen berms. 7.15 Foot South Landscape Easement: One Large Tree , Three-Inch Caliper Minimum 30 linear feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate space for species, i.e. Evergreen Shrubs. 8.FIRE LANE GRADES Maximum Cross Slope -4 % Maximum Longitudinal Slope -6% Maximum Angle of approach-5% Maximum Angle of departure-5% NOTES G. 4' FENCE 4' FENCE N 89° 42' 57" W 481.31' 15' SIDE YARD SETBACK S 89° 51' 20" W 481.38'S 00° 52' 07" E 200.00' N 01° 42' 21" W 200.22' N 02° 14' 37" W 308.22' RETAIL DISTRICT: 60' REAR YARD SETBACK (TWO-STORY)15' SIDE YARD SETBACK S 00° 52' 07" E 308.26' MUSIC ROOM 320 s.f. G. TWO STORY 3,980 BLDG. ENTRY ENTRY ENTRY CR 3 16 Students MUTLI- PURPOSE AREA OFFICE STORAGE MOPW D 30x72 R/F CL.CL. STORAGE BELL TOWER C.R. 2 C.R. 1 LOBBY MAIN HALL MAIN HALL M/W RISER ROOM C.R. 2 C.R. 1 CR 2 16 Students CR 4 16 Students CR 1 16 Students M/W BREAK/WORK ROOM VIEW MUSIC ROOM 320 s.f. VIEW 45”BP18"P 15"P 24"OAK 18"P 14"P 6" TREE EXISTING GROUPED SMALL TREES CHINESE TALLOW 23"P 1.5” ? 2.5” ? Beaver Felled Tree 10"P9"P7"P 13"P11"P13"P12"P 14" Pecan 14"P 11” Walnut 7" TREE 14"P 8"P 12"Pecan 16"Cedar 10"Pecan 54' 90' P 43' TOTAL 217' P FIRE HOSE LENGTH TOTAL 144' P FIRE HOSE LENGTH TOTAL 147' P FIRE HOSE LENGTH 219' to NEW FH LOCATION66' to EXISTING FH FIRE HOSE LENGTH 125' Midpoint 250' P FIRE HOSE LENGTH 135' Midpoint 270' P NO PARKING WITHIN 10 FEET OF FIRE HYDRANT EXISTING FIRE HYDRANT On ADJACENT PROPERTY 10'-0" 56' 73' TOTAL 287' P FIRE HOSE LENGTH 10'-0" 48' 10' CLEAR SPACE FOR FIRE HOSE ACCESS TO BUILDING FIRE HOSE LENGTH NO GATES NEEDED CONCEPTUAL PLAN - ALT SCALE: 1" = 20'-0" 01 N "EXHIBIT D-2" CONCEPTUAL PLAN PD EX D-2 SITE AREA TABULATION 96,538.16 s.f.EXISTING SITE AREA 27,508.29 s.f.IMPERVIOUS AREA 69,029.87 s.f.PERVIOUS AREA 6,761.23 s.f.7% OPEN SPACE REQ'D 29,501.0 s.f.OPEN SPACE 69,031.62 s.f.EXISTING LANDSCAPE AREA 26,976.0 s.f.PROPOSED LANDSCAPE AREA 17,997.76 s.f.PARKING AREA & CONC. LANES Existing Zoning: Agricultural Current Use: Agricultural PROPOSED USE: Private School FLU: Retail Zoning Change Needed: PD - RETAIL DISTRICT Dumpster: 12' x 11'x 8' ENCLOSURE per Republic Outdoor Play Space = 65 sf. child = 4,160 s.f. min. 65 sf x 64 = 4,160 s.f. min. 6,557 s.f. Provided SITE DATA 3,655 s.f. L1 MAIN BLDG. 425 s.f. L2 LIBRARY 3,980 s.f. TOTAL BLDG. AREA 600 s.f.BARN AREA 320 s.f.GREENHOUSE AREA 334 s.f.CLASSROOM 5,234 s.f.TOTAL BUILDING AREAS 4,909 s.f. PLAYGROUND AREA Max Bldg. Ht.40' PARKING CALCULATIONS: #RATIO 1:10 Students:60 6 Teachers:4 4 Staff:3 3 13 Spaces Req'd. 21 Provided Handicap 1:25 2 Provided ALL PARKING SPACES 9' x 20' AREA & PARKING TABULATION 1. Project will utilize On-Site Sewage Facility (OSSF) 2. A Traffic Impact Analysis (TIA) will have to be performed prior to P&Z for this project. The analysis will demonstrate but is not limited to pickup and drop-off and that this project will not cause any stacking or queuing in the ROW or fire lane. 3. Existing detention pond can only be utilized after a detention and drainage easement is aquired from all abutting property owners. An analysis will need to be preformed to demonstrate that the existing pond has the required capacity. All detention requirements for the Town of Prosper will be met. 4. Project will utilize On-Site Sewage Facility (OSSF) NOTES: EXSITING TREES EXSITING TREE - GROVE NEW TREE P PECAN TREE BP BRADFORD PEAR TREE W WILLOW TREE HB HACKBERRY TREE CE CEDAR ELM TREE C CEDAR TREE CM CRAPE MYRTLE 23"P 147' P.OLD CUSTER ROAD (FM 2478i)NO PARKING WITHIN 10 FEET OF FIRE HYDRANT (STRIPE) Page 366 Item 18. A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTST A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 16, 2024 ZONE-24-0017 "EXHIBIT E" 1 MONTH Preliminary Site Plan & Conveyance Plat Site Plan, Final Plat, Facade Plan, and Civil Engineering 1 MONTH PERMIT REVIEW 6 MONTHS CONSTRUCTION PD EX E DEVELOPMENT SCHEDULE CERTIFICATE OF OCCUPANCY Following approval for Town Council: 1 MONTH 1-2 WEEKS Page 367 Item 18. A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTST A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 16, 2024 ZONE-24-0017 MATERIALS • All Elevations - 100% Hardi Board w/ Battens & Trim all painted white, over Existing Stucco, Except for Windows. With addition Metal Shutters and • Composition Roof • Low E Windows w/ Attached Divided Lites - Painted White • Trex Decking Grey • Steel Shutters - Painted • Concrete Road & Parking PERSPECTIVE ENTRY WEST VIEW - FROM PARKING • Height from entry grade to upper roof ridge 26'-9" • 2 Stories w/ Mezzanine PERSPECTIVE SOUTH WEST VIEW - FROM STREET APPROACH "EXHIBIT F" ELEVATIONS PERSPECTIVE EAST VIEW - FROM BARNPERSPECTIVE NORTH VIEW - FROM SCHOOL PERSPECTIVE DUMPSTER ENCLOSURE PD EX FPage 368 Item 18. RELOCATED EXISTING FIRE HYDRANT & NEW FDC 2' FROM FIRE LANE EXISTING FIRE HYDRANT A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 30, 2024 REV. OCT. 21, 2024 ZONE-24-00177347337327317307347317337327307347347317327327317337327317307 2 9 7297297397387377367357287267257247237227217207197187177367357257267277287237247247237217217197197177177207207187187227227237237237287297297287287257267277277267257277267257247247247237237237227227187187207207177177197197217217217207197187177207207207207207207207197207197187177167407397397387387367367 3 5 7 3 5 7 3 5 727RHEA'S MILL BAPTIST CHURCH CLERK'S FILE NO. 20140522000507370 EXISTING FIRE HYDRANT (on PARKING ISLAND) G.G.G.G.G.G. G. G. 4' FENCE G. 4' FENCE 4' FENCEG. G. 104' BARN 600 s.f. 100' P. 600 s.f. 100' P. 125' P G. the FARM 6,111 s.f. 372' P. PLAY GROUND6,557 s.f.9'-0"20'-0"25'-6"38'-7" 12'-6"81'-8"5'-0"QUE LANE 24'-0"FIRE LANE 24'-0"15'-0"24'-0"10'-0"24'-0"20'-0"Fire Lane 7,155 s.f. 30'-6" Fire Lane 7,155 s.f. 29'-6" 3 3 46'-0 1/2"20'-0" 5 7 3 20'-0"9'-0"9'-0"9,513 s.f. PARKING & LANE 9,513 s.f. PARKING & LANE 10'-0"9'-0"9'-0"10'-0"LOT 13 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS LOT 12 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS LOT 11 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS 4' FENCE4' FENCE 4' FENCE GREEN HOUSE 320 s.f. 72' P. 1. All Walk Ways & Paths To Be ADA Accessible 2.Buildng To Be Sprinklered As Required By Code 3.Verify All Tree Locations 4.Verify Existing Parking Boundary @ Church 5.5 Foot North Landscape Easement: One Small Tree and One Five-Gallon Evergreen Shrubs Shall Be Planted Every 15 Linear Feet. These Trees And Shrubs May Be Clustered In Lieu Of Placing Them Every 15 Feet. 6.Parking abutting the landscape area shall be screened from the adjacent roadway. The required screening may be accomplished with shrubs or earthen berms. 7.15 Foot South Landscape Easement: One Large Tree , Three-Inch Caliper Minimum 30 linear feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate space for species, i.e. Evergreen Shrubs. 8.FIRE LANE GRADES Maximum Cross Slope -4 % Maximum Longitudinal Slope -6% Maximum Angle of approach-5% Maximum Angle of departure-5% NOTES G. 4' FENCE 4' FENCEG.G.G.G.G.G.G. G. OUTDOOR DECK CR 3 16 Students MUTLI- PURPOSE AREA OFFICE STORAGE MOPW D 30x72 R/F CL.CL. STORAGE BELL TOWER C.R. 2 C.R. 1 LOBBY MAIN HALL MAIN HALL ENTRY M/W RISER ROOM C.R. 2 C.R. 1 CR 2 16 Students CR 4 16 Students CR 1 16 Students M/W BREAK/WORK ROOM 12"P MUSIC ROOM 334 s.f. 74' P. G.45”BP18"P 15"P 24"OAK 18"P 14"P 6" TREE EXISTING GROUPED SMALL TREES CHINESE TALLOW 23"P 1.5” ? 2.5” ? Beaver Felled Tree 10"P9"P7"P 13"P11"P13"P12"P 14" Pecan 14"P 11” Walnut 7" TREE 14"P 8"P 12"Pecan 16"Cedar 10"Pecan N 89° 42' 57" W 481.31' 15' SIDE YARD SETBACK S 89° 51' 20" W 481.38'S 00° 52' 07" E 200.00' N 01° 42' 21" W 200.22' N 02° 14' 37" W 308.22' RETAIL DISTRICT: 60' REAR YARD SETBACK (TWO-STORY)15' SIDE YARD SETBACK S 00° 52' 07" E 308.26' 15' LANDSCAPE BUFFER w/ LIVING SCREEN NOTE 7. 5' LANDSCAPE BUFFER w/ LIVING SCREEN NOTE 5. NEW TREES TO BE LARGE/SHADE VARIETY (TYP.) 15' LANDSCAPE BUFFER w/ LIVING SCREEN NOTE 7. 24"OAK 18"P 14"P "EXHIBIT G-1" LANDSCAPE PLAN PD EX G-1 SITE AREA TABULATION 96,538.16 s.f.EXISTING SITE AREA 27,508.29 s.f.IMPERVIOUS AREA 69,029.87 s.f.PERVIOUS AREA 10,880 s.f.POND AREA 6,757.67 s.f.7% OPEN SPACE REQ'D 29,501.0 s.f.OPEN SPACE 96,538.16 s.f.EXISTING LANDSCAPE AREA 26,976.0 s.f.PROPOSED LANDSCAPE AREA 17,997.76 s.f.PARKING AREA & CONC. ROADS 20' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER RE: Note No. 5 N. CUSTER ROADEXISTING TREE NEW LANDSCAPE AREA St. Augustine Grass EXISTING LANDSCAPE - Existing Ground Cover 1. GROUND COVER - Asian Jasmine 2. BUSHES - Wintergreen Boxwood Shrubs 3. LANDSCAPE BUFFER EASEMENT - See NOTES 4. EXISTING TREES To Remain ( None To Be Removed, Except Those That May Impede The Road Way. Any Removed Tree Shall Be Replaced Per Code) 5. NEW TREE - Three-Inch Caliper Min. 6. Small ornamental Trees/Shrubs LANDSCAPE LEGEND 20' LANDSCAPE BUFFER 20' - 0 " 20'-0"15' WASTLINE EASEMENT30'-0"15' LANDSCAPE BUFFER, EASEMENT EXCLUSIVE OF ALL OTHER EASEMENTS RE: Note No. 5, 6, 7 5' LANDSCAPE BUFFER @ Dumpster Both Sides w/ Evergreen Shrubs EXISTING GROUPED SMALL TREES DUMPSTER 1. ALL EXISTING TREES PER SURVEY 2. BLDG. SHALL BE OUTSIDE THE CANOPY OF EXISTING TREES 20'-0" VARIOUS TREES LANDSCAPE PLAN SCALE: 1" = 20'-0" 01 N 120 s.f. 330 s.f. 120 s.f. 23"P 2.22 ACRES 96,589 s.f. VARIOUS TREES (FM 2478i)SEPTIC FIELD 5,058 SF HC HC Page 369 Item 18. 727722721725720719718717723723721721719719717717722720718732 733731730729728725726727727726725727726725724 7347337327317307287267237237237227197187177207217347 3 5 740739739738738736736737722723733 739738737736735729724723734736735725726727728729724724730 VARIOUS TREES A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN07.18, 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE ZONE-24-0017 I S S U E : PD FOR P R O J E C T NO: 2406SH.01 P & ZP & Z SEP. 30, 2024 REV. OCT. 21, 2024 EXISTING GROUPED SMALL TREES CHINESE TALLOW 23"P 1.5” ? 2.5” ? Beaver Felled Tree 12"Pecan 16"Cedar 10"Pecan 23"P EXSITING TREES TO REMAIN EXSITING TREE - GROVE TO REMAIN P PECAN TREE BP BRADFORD PEAR TREE W WILLOW TREE HB HACKBERRY TREE CE CEDAR ELM TREE C CEDAR TREE CM CRAPE MYRTLE EXISTING 5.657 Acres PD EX G-2 "EXHIBIT G-2" EXISTING PROPERTY United StatesTXCollin Co. 33.260031, -96.733413 https://www.bing.com/maps/?cp=33.259855%7E-96.733284&lvl=20.4 COORDINATES EXISTING PROPERTY01 SCALE: 1" = 30'-0"(FM 2478i)N 02° 14' 37" W 508.44' S 89° 32' 00" W 285.51' N 89° 36' 34" E 488.82' S 10° 24' 19" E 508.26'EXSITING TREES EXSITING TREES Page 370 Item 18. A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 30, 2024 REV. OCT. 21, 2024 ZONE-24-0017 CR 3 16 Students MUTLI- PURPOSE AREA OFFICE STORAGE MOPW D 30x72 R/F CL.CL. STORAGE PANTRY C.R. 2 C.R. 1 LOBBY MAIN HALL MAIN HALL RISER ROOMWM C.R. 2 C.R. 1 CR 2 16 Students CR 4 16 Students CR 1 16 Students BREAK/WORK ROOM BELL TOWER WM VIEW VIEW PARKING 4' FENCE VIEW TO POND PLAYGROUND TWO STORY 3,980 BLDG. VIEW TO BARN 24"OAK 18"P 22"OAK 6" TREE MUSIC ROOM 16 Students (From the Total of 64 students, not additional) "EXHIBIT H" FLOOR PLAN PD EX H FLOOR PLAN SCALE: 1/8" = 1'-0" 01 N10'-0"5'-0"18"P 15"P HC HC G. Page 371 Item 18. Traffic Management Plan The School House Traffic Management Plan for The School House in Prosper, Texas THURSDAY, O CTOBER 17, 2024 REVISED 10/17/2024 PROMET ENGINEERS 214 205 8683 9550 Forest Lane, Suite 342, Dallas, TX 75243 somesh@prometengineers.com www.prometengineers.com Prepared By Page 372 Item 18. Traffic Management Plan The School House 2 | P a g e I. INTRODUCTION The services of Promet Engineers, LLC (Promet) were retained by CDC Group to prepare a School Traffic Management Plan (TMP) for The School House (the “School”) as required by the Town of Prosper. The School House is a proposed campus located at 5799 Old Custer Road in Prosper, Texas. The proposed enrollment is summarized in the following table: Table 1. Enrollment Summary CLASSROOM AGE (YEARS) ENROLLMENT START/END TIMES Proposed CR 1 4 16 8:30 AM/2:30 PM CR 2 4 16 8:30 AM/2:30 PM CR 3 5 16 8:30 AM/2:30 PM CR 4 5 16 8:30 AM/2:30 PM TOTAL 64 Data provided by the school. The official school timings are as follows: Table 2. Official School Timings TIME ACTIVITY 7:30 AM – 7:45 AM Staff Arrival 8:10 AM – 8:15 AM CR 1 Kids Drop-Off 8:15 AM – 8:20 AM CR 2 Kids Drop-Off 8:20 AM – 8:25 AM CR 3 Kids Drop-Off 8:25 AM – 8:30 AM CR 4 Kids Drop-Off 8:30 AM School Begins 2:30 PM School Ends 2:30 PM – 2:35 PM CR 1 Kids Pick-Up (Some kids may be staying for the after- school care program) 2:35 PM – 2:40 PM CR 2 Kids Pick-Up (Some kids may be staying for the after- school care program) 2:40 PM – 2:45 PM CR 3 Kids Pick-Up (Some kids may be staying for the after- school care program) Page 373 Item 18. Traffic Management Plan The School House 3 | P a g e 2:45 PM – 2:50 PM CR 4 Kids Pick-Up (Some kids may be staying for the after- school care program) 5:30 PM After-School Care Kids Pick-Up For a conservative approach, the study assumed that all the students would leave the school by 2:50 PM. This may not occur on a usual basis, but there could be a situation where the after-school program is unavailable on certain days, like during the holiday season. The traffic management plan proposes that drop-off and pick-up activities occur staggered, with each classroom having a separate drop-off and pick- up period, as shown in Table 2. The school will have 10 staff members, including four teachers, one teacher for each classroom, four assistant teacher staff, and two directors. This TMP was prepared by a registered engineer at Promet Engineers who is experienced in traffic engineering. Promet is a licensed engineering firm in Dallas, Texas, providing professional engineering services. Field observations were performed at two private schools. The following are the names of the schools and the times at which traffic observations were made: Table 3. School Observations SCHOOL NAME AGE GROUPS ADDRESS DATE HOURS OBSERVED Spanish Schoolhouse 6 weeks-6 years 1239 Alma Drive, Allen, TX 75013 Tuesday, September 17, 2024 1:30 PM – 3:30 PM Wednesday, September 18, 2024 7:30 AM – 9:15 AM Thursday, September 19, 2024 6:45 AM – 9:00 AM As the project is a proposed construction project built by 2025, no on-site observations are applicable for the site. Therefore, the observations performed at the abovementioned schools and two other private schools in Dallas – Compass School of Texas – Northwest Highway & Spanish World School – Grand Avenue by Lambeth Engineering & Associates, PLLC provide a general idea of the queue length per student. The following are the dates and times at which observations were made: Table 4. School Observations From 2021 and 2023 SCHOOL NAME GRADES ADDRESS DATE TIME AT WHICH THE LONGEST QUEUE WAS OBSERVED The Compass School of Texas Pre-K 5414 W Northwest Highway, Dallas, TX 75220 Tuesday, May 09, 2023 11.47 AM K Tuesday, May 09, 2023 3.01 PM Page 374 Item 18. Traffic Management Plan The School House 4 | P a g e Spanish World School 1st – 2nd 7159 E Grand Avenue, Dallas, TX 75223 Monday, February 08, 2021 3:00 PM 3rd – 5th Monday, February 08, 2021 3:23 PM II. TMP EXHIBIT Next page Note: Architect Gregory Hagmann prepared the base site plan. Page 375 Item 18. The purpose of this Traffic Management Plan (TMP) is to present trafficoperations that promote safety and efficient vehicle circulation. This TMPwas developed to prevent queuing of drop-off/pick-up related vehicleswithin the city rights-of-way. Any deficiency due to spillover of queuinginto undesignated areas of the city rights-of-way, including roadwaytravel lanes, should be corrected by the school immediately.I, Somesh R. Katukuri, P.E. #141380, certify that the results of queuinganalysis by implementing this Traffic Management Plan-show no queuingof vehicles to occur on Old Custer Road during the drop-off and pick-upschool operation.Traffic Management PlanEXHIBIT1The School House5799 Old Custer Road, Prosper, Texas - 75078Project No. 240045*Legend- School Staff- Staff Parking- Parent Parking- Provided QueueTBPE Firm Registration No.: F-25044Phone 469-640-7708 Web www.prometengineers.com9550 Forest Lane, Suite 342, Dallas, Texas 75243NNOT TO SCALEQueuing Summary*Vehicular queue calculated at 22.0 feet/veh.GENERAL NOTES:1.Parent drop-off activity in the morning has a similar protocol asthe parent pick-up in the afternoon.2.It is recommended that this Traffic Management Plan becirculated to parents to understand the queuing strategyproposed on site.3.The approved Traffic Management Plan must be incorporated intoPD in the form of an agreement with the Town of Prosper.ADJACENT ROADWAYSOld Custer Road: 2-lane, undividedTRAFFIC MANAGEMENT STRATEGIESNumber of Staff Assistance: 6 outside, 4 inside during drop-off and pick-up operationsNo crossing guards required- Outbound RouteDate: 10-17-2024OLD CUSTER ROAD ACCESS DRIVEWAY 1ACCESS DRIVEWAY 23****TOTAL QUEUE CAPACITY(330 LF)*STAFF/TEACHER PARKINGSTAFF/TEACHER PARKING 3132 ASSIGNED PARENT PARKING *Page 376Item 18. Traffic Management Plan The School House 6 | P a g e III. SCHOOL DESCRIPTION Location: 5799 Old Custer Road, Prosper, Texas – 75078 Adjacent Roadways: • Old Custer Road ➢ Approximately 22 feet in width, two lanes, two-way operation, undivided. ➢ There are no sidewalks in either direction. ➢ Posted Speed Limit: 55 mph. No school zone speed limit. Adjacent Intersections: • Frontier Parkway at Old Custer Road ➢ Stop-Controlled on Old Custer Road ➢ No Marked Crosswalks or Barrier-Free Ramps • N Custer Road at Old Custer Road ➢ Stop-controlled on Old Custer Road ➢ No Marked Crosswalks ➢ Barrier-Free Ramps on Custer Road in the northwest and southwest corners. Access Points: • It is proposed that the school have two access points on Old Custer Road. Access Driveway 1 will operate as an inbound driveway only. Inbound at this driveway will be allowed from northbound and southbound directions on Old Custer Road. Access Driveway 2 will operate as an outbound driveway only. Outbound at this driveway will be allowed to northbound and southbound directions on Old Custer Road. The two access driveways are connected internally in a C-shape driveway with four lanes – two designated for parent queuing and the other two designated fire lanes. The queue lane is 10 feet wide, and the fire lanes are 24 feet wide (12 feet each lane). IV. QUEUING SUMMARY TABLE FOR SIMILAR SCHOOLS The following is the description of the pick-up and drop-off operations observed during the visits at the similar schools mentioned above: 1.) Spanish Schoolhouse: Pick-up and drop-off at this school occur in queue, as shown in Figure 1 below. The staff assists with loading/unloading the kids. It was also observed that some parents park their cars, walk their kids to school during drop-off, and bring their kids to their vehicles during pick-up. These operations are like those of the proposed school. However, this school's age Page 377 Item 18. Traffic Management Plan The School House 7 | P a g e group is between 6 weeks and 6 years, unlike the proposed school, which serves 4 and 5 -year- olds. As mentioned in the National Center for Education Statistics, the school has 135 students (120 students in Pre-Kindergarten and 15 in kindergarten). Appendix A provides the enrollment information from the National Center for Education Statistics website. The student enrollment is higher than that of students at the proposed school. Figure 1. Spanish Schoolhouse The following table provides the observed longest queues at similar schools mentioned above: Table 5. Queuing Summary for Similar Schools SCHOOL OBSERVED TIME PERIOD GRADES /AGES START/ END TIMES* STUDENTS PICKED- UP/DISMISSED MAXIMUM VEHICLE ACCUMULATION Spanish Schoolhouse 7:00 AM Pre-K, K (6 weeks-6 years) 7:00 AM – 6:00 PM NA (observed>50) 5 2:00 PM 18 The Compass School of Texas 11:47 AM Pre-K 7:50 AM – 4:30 PM 45 12 3.01 PM K 13 6 Spanish World School 3:00 PM 1st – 2nd 8:00 AM – 5:00 PM 33 5 3.23 PM 3rd – 5th 29 6 Page 378 Item 18. Traffic Management Plan The School House 8 | P a g e V. QUEUING PROJECTIONS FOR THE SCHOOL HOUSE Based on the observations and queuing data for similar schools, as shown in Table 5, the highest queuing occurred at The Compass School of Texas, with six vehicles in the queue when 13 students were dismissed. Therefore, the number of vehicles in the queue per student is 0.46 (13 students for six vehicles). However, based on the Town’s review of the observations, a conservative estimate of 85% (0.85) has been used in the study. As each classroom will have its drop-off and pick-up period, each drop- off and pick-up period will have 16 students (considering no students in the after-school program). Out of the 16 students in each group, 7 students will be assigned to walk in/walk out to the school's front door. These 7 parents will park in the 7 available parking spaces in front of the door as shown in Exhibit 1. Therefore, with the recommended factor, the estimated longest queue will be 8.1 vehicles, 9 when rounded off. The following table provides the queue projections for the proposed school: Table 6. Queue Projections for The School House SCHOOL TIME PERIOD CLASSROOMS STUDENTS PICKED- UP/DISMISSED ASSIGNED STUDENTS FOR WALK- IN/WALK-OUT WITH PARENT MAXIMUM VEHICLE ACCUMULATI ON The School House 8:10 AM – 8:15 AM CR 1 16 7 9 8:15 AM – 8:20 AM CR 2 16 7 9 8:20 AM – 8:25 AM CR 3 16 7 9 8:25 AM – 8:30 AM CR 4 16 7 9 2:30 PM – 2:35 PM CR 1 16 7 9 2:35 PM – 2:40 PM CR 2 16 7 9 2:40 PM – 2:45 PM CR 3 16 7 9 2:45 PM – 2:50 PM CR 4 16 7 9 5:30 PM After-School Care Kids None (Assumed) None (Assumed) 0 The projected longest queue for the proposed school is 9 vehicles. The estimation is based on a conservative ratio provided by the Town of Prosper. The school offers two queue lanes for parents to drop off and pick up their kids with staff and teacher assistance. The site plan shows 21 parking spaces with two accessible spaces. Teachers and staff will occupy at least ten parking spaces. Assuming 10 parking spaces are designated for school staff (four teachers, four assistant teachers, and two directors), as shown in the TMP Exhibit 1, the parents will have nine parking spaces available, not including two accessible parking spaces. The 7 assigned parents who walk in/walk out their children during the drop- off/pick-up periods to and from the school front door will utilize these parking spaces. Page 379 Item 18. Traffic Management Plan The School House 9 | P a g e VI. CIRCULATION 1. Parent northbound and southbound traffic on Old Custer Road enters the inner queue lane through Access Driveway 1. Approximately seven vehicles can queue in the available queuing space. The parent traffic will enter the outer queue lane when the inner queue lane is wholly occupied. Approximately seven vehicles can queue in the outer queue lane. 2. Traffic exits the queueing area and continues in the internal travel lane to exit the site through Access Driveway 2 after the vehicle has loaded/unloaded the students entering/exiting the car. 3. Staff parking is provided on-site, as shown in Exhibit 1. 4. Staff and teachers assist with the drop-off and pick-up operations. On a typical day, four teachers, four assistant teachers, and two directors are available. During drop-off, the 6 staff members assist in picking up the students and guide them to a multi-purpose room managed by four staff members. The 6 staff members outside guide traffic, open car doors, take kids by hand, and safely walk the children to the multi-purpose room inside the school. Once all the students are gathered in the multi-purpose room, each teacher will take the 16 students assigned per classroom to their respective classrooms. During pick-up, the teachers/staff gather the students in the multi-purpose room after school ends. Four staff members manage the multi-purpose room with students. The remaining 6 staff members assist with the afternoon parent pick-up operations outside. The parents start queueing in the queue lanes. They carry some form of identification or a school pass visible to the staff/teachers so that the kids are brought from the multi-purpose room efficiently based on the identification. This method ensures that each student is released to the correct person, making the process safe and efficient. Once a student is unloaded/loaded, the parent vehicle moves out of the queue lane to enter the fire lane and exit the site through Access Driveway 2. Additionally, during each drop-off/pick-up period for each classroom, 7 assigned parents walk in/walk out their children to and from the front door by parking in the seven available parking spaces in front of the school, as shown in Exhibit 1. VII. CONCLUSION The proposed school will be located at 5799 Old Custer Road, Prosper, Texas. It will serve children between the ages of 4 and 5. The total student enrollment will be 64, with 16 students in each classroom. The school will have 10 staff members, including four teachers, one teacher for each classroom, four assistant teacher staff, and two directors. Based on queue calculations, it was determined that the longest queue for the proposed school is 9 vehicles. The site can accommodate at least 14 vehicles as a double queue, as shown in Exhibit 1. Additionally, each drop-off/pick-up period will have 7 assigned parents who walk-in/walk-out their children to the front door by parking in the seven available parking spaces in front of the school. The queue will be contained in the site without spillback to the public street – Old Custer Road. Therefore, no mitigation plan is necessary. END OF MEMO Page 380 Item 18. Traffic Management Plan The School House 10 | P a g e APPENDIX A Page 381 Item 18. Traffic Management Plan The School House 11 | P a g e NCES Enrollment Data Page 382 Item 18. RELOCATED EXISTING FIRE HYDRANT & NEW FDC 2' FROM FIRE LANE EXISTING FIRE HYDRANT A R C H I T E C T A G M A N Ngregory 404 Provincetown Ln. Richardson, Texas 75080 214.926.7575 ggharchitect@yahoo.com REGISTE R E D A R C H I TECTS T A T E O F T E xAS1 6 0 5 7GREGORY G . H AG M A NN09,09 2024 5799 OLD CUSTER RD. PROSPER, TX. 75078 Located in the Town of Prosper, Texas PLANNED DEVELOPMENT ARCHITECT gregory HAGMANN COPYRIGHT 2023 Situated in the Town of Prosper, Collin County, Tx., in the George Horn Survey of all of Tract One,Tract Two & Tract Three and part of Tract Four.CONTRACTOR:Bill Oelfke c: 214.418.0455 e: JP@RogersHealy.com w: RogersHealy.com a: 3001 Knox Street #210, Dallas, TX 75205 OWNER / CLIENT:JP Findley 5.657 Acre Tract NEW PRESCHOOL AGES 4-5 THE SCHOOL HOUSE I S S U E : P R O J E C T NO: 2406SH.01 P & Z SEP. 30, 2024 REV. OCT. 12, 2024 ZONE-24-0017 RHEA'S MILL BAPTIST CHURCH CLERK'S FILE NO. 20140522000507370 EXISTING FIRE HYDRANT (on PARKING ISLAND) 4' FENCE G. LOT 13 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS LOT 12 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS LOT 11 COLLIN GREEN ADDITION VOLUME G, PAGE 245 COLLIN COUNTY PLATT RECORDS 4' FENCE4' FENCE 4' FENCE GREEN HOUSE 320 s.f. 72' P. 1. All Walk Ways & Paths To Be ADA Accessible 2.Buildng To Be Sprinklered As Required By Code 3.Verify All Tree Locations 4.Verify Existing Parking Boundary @ Church 5.5 Foot North Landscape Easement: One Small Tree and One Five-Gallon Evergreen Shrubs Shall Be Planted Every 15 Linear Feet. These Trees And Shrubs May Be Clustered In Lieu Of Placing Them Every 15 Feet. 6.Parking abutting the landscape area shall be screened from the adjacent roadway. The required screening may be accomplished with shrubs or earthen berms. 7.15 Foot South Landscape Easement: One Large Tree , Three-Inch Caliper Minimum 30 linear feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate space for species, i.e. Evergreen Shrubs. 8.FIRE LANE GRADES Maximum Cross Slope -4 % Maximum Longitudinal Slope -6% Maximum Angle of approach-5% Maximum Angle of departure-5% NOTES the FARM 6,111 s.f. 372' P. G.4' FENCE4' FENCE 4' FENCEG. G. BARN 600 s.f. 100' P. 600 s.f. 100' P. N 89° 42' 57" W 481.31' 15' SIDE YARD SETBACK S 89° 51' 20" W 481.38'S 00° 52' 07" E 200.00' N 01° 42' 21" W 200.22' N 02° 14' 37" W 308.22' RETAIL DISTRICT: 60' REAR YARD SETBACK (TWO-STORY)15' SIDE YARD SETBACK S 00° 52' 07" E 308.26' 15' LANDSCAPE BUFFER w/ LIVING SCREEN NOTE 7. 5' LANDSCAPE BUFFER w/ LIVING SCREEN NOTE 5. NEW TREES TO BE LARGE/SHADE VARIETY (TYP.) 15' LANDSCAPE BUFFER w/ LIVING SCREEN NOTE 7. 24"OAK 18"P 14"P9'-0"20'-0"25'-6"38'-7" 12'-6"81'-8"5'-0"QUE LANE 24'-0"FIRE LANE 24'-0"15'-0"24'-0"10'-0"24'-0"20'-0"Fire Lane 7,155 s.f. 30'-6" Fire Lane 7,155 s.f. 29'-6" 3 5 7 3 3 20'-0"9'-0"9'-0"9,513 s.f. PARKING & LANE 9,513 s.f. PARKING & LANE 46'-0 1/2"10'-0"20'-0" 9'-0"9'-0"MUSIC ROOM 320 s.f. G.G.G.G.G.G.G. G. G. CR 3 16 Students MUTLI- PURPOSE AREA OFFICE STORAGE MOPW D 30x72 R/F CL.CL. STORAGE BELL TOWER C.R. 2 C.R. 1 LOBBY MAIN HALL MAIN HALL M/W RISER ROOM C.R. 2 C.R. 1 CR 2 16 Students CR 4 16 Students CR 1 16 Students M/W BREAK/WORK ROOM 4' FENCE VIEW PLAYGROUND MUSIC ROOM 320 s.f. VIEW TWO STORY 3,980 BLDG. ENTRY ENTRY ENTRY 54' 90' P 43' 72' BLDG.TOTAL 288' P 136' P TOTAL 240' P FIRE HOSE LENGTH TOTAL 144' P FIRE HOSE LENGTH TOTAL 147' P FIRE HOSE LENGTH 219' to NEW FH LOCATION66' to EXISTING FH 104' 104' FIRE HOSE LENGTH 149' Midpoint 298' P FIRE HOSE LENGTH 153' Midpoint 306' P NO PARKING WITHIN 10 FEET OF FIRE HYDRANT EXISTING FIRE HYDRANT On ADJACENT PROPERTY BLDG. 216' P 10'-0"10'-0""EXHIBIT V-1 " VARIANCE V-1 HOSE LAY VARIANCE FIRE Variance is required for the hose lay to exceed 150 ft. Approval required PRIOR TO Site Plan approval. Town Fire Code requires additional measures to meet the intent not depicted on this Zoning exhibit. 1. Split the Builing into 2 halves to Provide Hose access prohibited by the Building as One Whole. This is achieved by 10' breezeway. 2. Additional measures are to create a 10' area in the QUE LANE to have the Fire Dept. Service Vehicles unobstructred access to the Building. 3. The hose Layout to the South and on the Church Fire lane provides an additional Perimeter of 288', less than the required 300'. TWO POINTS OF ACCESS VARIANCE FIRE Variance is required for the two points of access to be less than 140 ft. curb to curb. Approval required PRIOR TO Site Plan approval. Town Fire Code requires additional measures to meet the intent not depicted on this Zoning exhibit. ADDITIONAL INTENT shall be Fire Lane Access from the Adjacent Church Property thus reducing Hose Length. Also, the addition of a Fire Sprinkler System for the Main Building that is under 4,000 s.f. NOTE: Min. 140 ft. curb to curb to be considered two separate points of access. Town Fire Code 503.1.4 NOTE: Fire lane arrangement shown is acceptable given the site constraints pending variance submission, and demonstration of intent and additional fire protection provided. VARIANCE PLAN SCALE: 1" = 20'-0" 01 N OLD CUSTER ROAD (FM 2478i)NO GATES NEEDED 110' METAL STANDING SEAM HARDI SIDING on 6" Metal Studs BLDG. STRUCTURE: ROOF: WALLS: 16 TOTAL Cars Shown in QUE QUE LANE HC HC Page 383 Item 18. Page 1 of 13 SCHOOL HOUSE DEVELOPMENT AGREEMENT THIS SCHOOL HOUSE DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Naznat, LP (“Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing a project in the Town known as The School House (“Property”), a legal description of which Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Property was rezoned by the Town Council on or about _______, 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 Developer’s reasonable investment-backed expectations in said development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Materials,” attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Maintenance of Landscape Areas. A. Developer agrees to maintain all Landscape Areas (including all vegetation) on the Property, as referenced and/or depicted in the applicable zoning ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Further, Developer agrees that landscape maintenance obligations referenced herein include mulching of Landscape Areas, prompt replacement of dead or dying vegetation with new vegetation, mowing of Page 384 Item 18. Page 2 of 13 Landscape Areas, where required, and other routine and regular maintenance of plants and other vegetation. B. In the event that any Landscape Area or plants or vegetation is/are not properly maintained in accordance with this Agreement, the Town may give written notice to Developer of such failure to maintain and Developer shall promptly address such failure, taking into account the type(s) and species of such plants and vegetatio n and applicable planting cycles of same. After such notice, and Developer’s failure to address same, Developer agrees and acknowledges that the Town shall have the right to go onto Developer’s property and replace, replant or otherwise address such failu re to maintain any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town being promptly provided by the Town to Developer. In the event Developer does not pay such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on the Property for the costs it incurred for the work done, including a reasonable administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall not be considered a default in accordance with Paragraph 7 of this Agreement, and any obligations referenced in said Paragraph shall not be applicable to this Paragraph 2. C. Notwithstanding any provision in this Paragraph to the contrary, the Town specifically reserves the right to take enforcement action and/or file a complaint against Developer in the Town’s municipal court (or other appropriate forum) relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. 3. Certain Business Establishments Prohibited. Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug para phernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property a package liquor store, which for purposes of this Agreement is defined as any business entity th at is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. 4. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall Page 385 Item 18. Page 3 of 13 be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Developers of the Property, regardless of whether this Agreement is expressly referenced therein. 5. Applicability of Town Ordinances. Developer shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 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 s hall 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 Par ty 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 Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 8. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: Naznat, LP P.O. Box 704074 Dallas, Texas 75370 Attention: Mehrdad Ghani 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 Page 386 Item 18. Page 4 of 13 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. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 14. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. 15. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 16. Notification of Sale or Transfer; Assignment of Agreement. Developer shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Developer has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will Page 387 Item 18. Page 5 of 13 become a Developer of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor Developer assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Developer shall release Developer f rom any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 17. 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. 18. 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. 19. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. 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. 21. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 22. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall Page 388 Item 18. Page 6 of 13 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. 23. Waiver of Texas Government Code § 3000.001 et seq. With respect to any and all Structures to be constructed on the Property pursuant to this Agreement, Developer hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-3000.005, as amended. 24. Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any Third-Party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 25. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a 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 Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 26. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised or has had the opportunity to have legal counsel review this Agreement and advise Developer, regarding Developer’s rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Developer specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. Page 389 Item 18. Page 7 of 13 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 390 Item 18. Page 8 of 13 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager, Town of Prosper 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 391 Item 18. Page 9 of 13 DEVELOPER: NAZNAT, LP By: _____________________________ Name: Mehrdad Ghani Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2024, by Mehrdad Ghani on behalf of Naznat, LP, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 392 Item 18. Page 10 of 13 EXHIBIT A (Property Description & Depiction) Page 393 Item 18. Page 11 of 13 Page 394 Item 18. Page 12 of 13 EXHIBIT B (Building Materials) Tract 1 (Retail Building): 1. Architectural and Material Standards. i. Review and Approval Process. 1. The applicant shall submit a Façade Plan and Material Sample Board for each structure at the time of Site Plan submission and is subject to the approval of the Director of Development Services. ii. Design Guidelines. 1. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, and marble. 2. Other materials are subject to the approval of the Director of Development Services. Tract 2 (The School House): 1. Architectural and Material Standards. i. Review and Approval Process. 1. The applicant shall submit a Façade Plan and Material Sample Board for each structure at the time of Site Plan submission and is subject to the approval of the Director of Development Services. 2. The conceptual elevations in Exhibit F are intended to evoke a general look and feel of the architecture of the various land use types. Changes to materials and architectural elements are permitted so long as the building elevations adhere to the design guidelines outlined in the Design Guidelines of this Exhibit C. ii. Design Guidelines. 1. Permitted primary exterior materials are hardi board siding with batten and trim as shown in Exhibit F. Page 395 Item 18. Page 13 of 13 Exhibit F (Conceptual Elevations) Page 396 Item 18. Page 397 Item 18. From:bo@rheasmill.org To:Dakari Hill Subject:[*EXTERNAL*] - Zoning Case ZONE-24-0017 Date:Friday, November 1, 2024 2:15:07 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Thank you, Dakari, for taking the time to talk through this on the phone. I wanted to send notice that Rhea’s Mill is opposed to rezoning property in Zoning Case Zone-24-0017. Thanks! Bo Thompson Page 398 Item 18. 1 Dakari Hill From:bo@rheasmill.org Sent:Friday, November 15, 2024 1:30 PM To:Dakari Hill Subject:RE: [*EXTERNAL*] - Zoning Case ZONE-24-0017 Thanks, Dakari. I watched the Nov 05, 2024 Planning and Zoning Commission meeting (it was nice to put a face with your voice). I’d like to provide some feedback on the meeting: At 1:52.00Ư in the meeting, a gentleman surmised that Rhea’s Mill’s objection had to do with an issue associated with the fire lane. I assure you that is not the case. While not our only concern, our primary concern is associated with the school causing a traƯic backup onto Old Custer. I read the TraƯic Management Plan for The School House in Prosper, Texas. It is feasible though seemingly very optimistic … maybe unrealistic. In a perfect world it should work … but we don’t live in a perfect world. If the school’s site plan is approved, the school is built, and the parking plan is attempted … but fails, there will be a serious backup onto Old Custer. This will leave our 35 teachers and church staƯ who are attempting to access Rhea’s Mill’s parking lot by 8:30AM stranded in traƯic. What, if any, recourse would we have then? Does the city then shut them down until they are able to comply? Thanks for your help with all this! Bo From: Dakari Hill <DHill@prospertx.gov> Sent: Thursday, November 14, 2024 3:58 PM To: Mark DeMattia <markd@rscommercialconstruction.com> Cc: Bo Thompson <bo@rheasmill.org>; roryfdahl@me.com Subject: RE: [*EXTERNAL*] - Zoning Case ZONE-24-0017 Hey Mark, Sorry, it’s taken so long to respond to this. 1. Yes, the case was approved by the Planning & Zoning Commission and will be heard by Town Council on November 26th. 2. We are looking into whether a super majority would be triggered by your opposition. I would think so; however, I can’t confirm until we run the calculations in our system. I will get back with you on this early next week. Best, Page 399 Item 18. 1 Michelle Crowe From:Dan Hanson <danhanson.tx@gmail.com> Sent:Monday, November 4, 2024 7:23 AM To:Dakari Hill Subject:[*EXTERNAL*] - Zoning Case ZONE-24-0017 ***** This is an email from an EXTERNAL source. DO NOT click links or open aƩachments without posiƟve sender verificaƟon of purpose. Never enter USERNAME, PASSWORD or sensiƟve informaƟon on linked pages from this email. ***** Hi Dakari - I am reaching out regarding the zoning change reference in the subject line. Is there an electronic format that will allow me to oppose the request? We share a pond with the referenced property and are concerned about the watershed from the proposed new commercial buildings proposed. Our main concern is whether the ponds drainage pipe, which is located on our property, is sufficient enough to handle the increased volume of water run off. We would like to request an engineering report to confirm this. Thank you, Dan Hanson 112 Collin Ct Prosper, Tx 75078 Sent from my iPhone Page 400 Item 18. Agenda Item Conduct a Public Hearing and consider and act upon a request to rezone 5.7±acres on George Horn Survey, Abstract 412, Tract 2 from Agricultural to Planned Development- Retail, located on the west side of Custer Road and 470 ±feet south of Frontier Parkway. (ZONE-24-0017) Page 401 Item 18. Page 402 Item 18. Proposal Purpose: •Construct a retail building on northern tract. •Construct a private school with barn, green house, music room, and playground on southern tract. History: •Requested Specific Use Permit for this project in downtown area. •Relocated to address previous concerns regarding location of initial request. Page 403 Item 18. Page 404 Item 18. Future Land Use Plan Retail & Neighborhood Services: •Recommends retail establishments that provide merchandise for retail sales, banks, neighborhood offices, and small medical offices. Page 405 Item 18. Page 406 Item 18. Surrounding Area Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant Retail & Neighborhood Services North Agricultural Self-Storage Facility Retail & Neighborhood Services East City of McKinney Vacant N/A South Agricultural House of Worship Low Density Residential West Single Family-Estate Residential Low Density Residential Page 407 Item 18. Page 408 Item 18. Page 409 Item 18. District Regulations Proposed District Regulations (Development Standards) Size of Yards Front: 30’ Side: 15’ 30’(One-Story Adj.to Residential) 60’(Two-Story Adj.to Residential) Rear: 15’ 30’(One-Story Adj.to Residential) 60’(Two-Story Adj.to Residential) Size of Lots Minimum Area: 10,000 SF Minimum Lot Width: 100’ Minimum Lot Depth: 100’ Maximum Height Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 40 Percent Page 410 Item 18. Uses By Right: •Childcare Center, Licensed •Farm/Ranch/Stable/Garden or Orchard •Feed Store •House of Worship •Nursery, Minor •Pet Day Care •Private or Parochial School (Tract 2 Only) •Professional Office (No Medical) Page 411 Item 18. Landscaping (Northern Tract) Required Landscaping (Commercial Requirements) Proposed Landscaping (Development Standards) Northern Boundary Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub,five-gallon minimum,every 15 linear feet. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub,five-gallon minimum,every 15 linear feet. Eastern Boundary Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Fifteen (15)shrubs,five-gallon minimum,every 30 linear feet. Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Fifteen (15)shrubs,five-gallon minimum,every 30 linear feet. Southern Boundary Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub,five-gallon minimum,every 15 linear feet. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub,five-gallon minimum,every 15 linear feet. Western Boundary Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Buffer: 20’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Page 412 Item 18. Landscaping (Southern Tract) Required Landscaping (Zoning Ordinance) Proposed Landscaping (Development Standards) Northern Boundary Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub,five-gallon minimum,every 15 linear feet. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub,five-gallon minimum,every 15 linear feet. Eastern Boundary Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Fifteen (15)shrubs,five-gallon minimum,every 30 linear feet. Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Fifteen (15)shrubs,five-gallon minimum,every 30 linear feet. Southern Boundary Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Buffer: 15’Landscape Area Plantings: Double row of evergreen trees,six-foot minimum,with offsetting centers. Western Boundary Buffer: 15’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 30 linear feet. Buffer: 20’Landscape Area Plantings: Double row of evergreen trees,six-foot minimum,with offsetting centers. Page 413 Item 18. Screening (Northern Tract) Proposed Screening (Development Standards) Northern Boundary None Eastern Boundary None Southern Boundary None Western Boundary 6’Masonry Wall Page 414 Item 18. Screening (Southern Tract) Required Screening (Zoning Ordinance) Proposed Screening (Development Standards) Northern Boundary None None Eastern Boundary None None Southern Boundary 6’Masonry Wall Living Screen Western Boundary 6’Masonry Wall Living Screen Page 415 Item 18. Building Materials Northern Tract: •Clay Fired Brick •Granite •Marble •Stone (Natural, Precast, or Manufactured) Southern Tract: •Hardi Board Siding w/ Batten and Trim Page 416 Item 18. Page 417 Item 18. Drainage Retention: •Retention, serving both tracts, is to be located on the northern tract if drainage and detention easements cannot be acquired from adjacent property owners. Page 418 Item 18. Traffic Management Traffic Impact Analysis: •Adherence to traffic management plan that has been reviewed and approved by the Town’s Engineering Department. Page 419 Item 18. Noticing Notices: •Friday, November 8th Citizen Response: •Two Letters of Opposition (Exceeded 20% Opposition) •Three-Fourths Vote Required Page 420 Item 18. Recommendation P&Z Recommendation: •Approved 6-1 (Commissioner Hamilton in Opposition) •Commissioner Hamilton noted that he was in favor of the project; however, his opposition was due to the motion including a requirement of a living screen on the western property line. Staff Recommendation: •Approval Page 421 Item 18. Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Through: Mario Canizares, Town Manager Chuck Ewing, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Bid Award: Upper Doe Branch WW Line (Teel Parkway – PISD Stadium) CSP NO. 2024-35-B, CIP NO. WW202152 Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2024-35-B to ANA Site Construction, LLC, related to the Upper Doe Branch Wastewater Line (Teel Parkway – PISD Stadium) project, for $5,492,167 and authorize $300,000 for construction phase contingencies. The total purchase order amount is $5,792,167. Description of Agenda Item: On October 17, 2024, at 2:00P.M., five (5) Competitive Sealed Proposals were received for the Upper Doe Branch Wastewater Line (Teel Parkway – PISD Stadium) project. The project consists of all work needed to construct the sanitary sewer line, including manholes and the decommissioning of two (2) existing lift stations. 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%)  Outline contractor and subcontractor experience with similar projects.  Outline qualifications of key personnel assigned to this project.  Provide references.  Project Timeline (25%)  Cost Proposal (65%) ENGINEERING SERVICES Page 422 Item 19. Page 2 of 2 The verified proposal totals ranged from $5,492,167 to $8,236,910. The Engineer’s Estimate was $8,853,630. The proposal’s final completion times ranged from 330 to 430 calendar days. ANA Site Construction, LLC, was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $5,492,167 and a time of 330 calendar days. ANA Site Construction, LLC, has not done work for the Town of Prosper but has successfully completed similar projects for the City of North Richland Hills, City of Mesquite, and Collin College. Staff checked the references provided and received positive feedback. Budget Impact: This cost for the construction of the project is $5,492,167. The construction budget for the project is $7,050,000 in Account No. WW202152-CONST-CONST. The contingency amount of $300,000 (approximately 5.5%) will be used during the construction phase to address field changes or adjust quantities during construction. The Town has utilized construction phase contingencies on past facility projects in the range of 2% to 4%. The higher percentage for this project is based on the overall cost of construction being substantially smaller than past facility projects thereby necessitating the need for a higher percentage to obtain an adequate amount of contingency funds. The use of the contingency fund will be documented with change order requests negotiated between staff and the contractor as construction progresses. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2024-35-B to ANA Site Construction, LLC, related to the Upper Doe Branch Wastewater Line (Teel Parkway – PISD Stadium) project, for $5,492,167 and authorize $300,000 for construction phase contingencies. The total purchase order amount is $5,792,167. Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2024-35-B to ANA Site Construction, LLC, related to the Upper Doe Branch Wastewater Line (Teel Parkway – PISD Stadium) project, for $5,492,167 and authorize $300,000 for construction phase contingencies. The total purchase order amount is $5,792,167. Page 423 Item 19. LOCATION MAP UPPER DOE BRANCH WASTEWATER LINE (TEEL PKWY—PISD STADIUM) FRONTIER PKWY PROSPER TRAIL TEEL PKWY LEGACY DRIVE DALLAS PKWY PISD STADIUM Page 424 Item 19. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Response Total Total Days ANA Site Construction, LLC Valley View TX 10/17/2024 09:03:30 AM (CT)$5,492,167.00 330 Acadia Services LLC Southlake TX 10/17/2024 11:54:37 AM (CT)$8,236,910.00 360 Belt Construction Texarkana TX 10/17/2024 01:37:37 PM (CT)$7,894,070.00 430 Mountain Cascade of Texas, LLC Alvarado TX 10/17/2024 01:40:04 PM (CT)$8,160,034.00 420 Western Municipal Construction of Texas, LLC.Justin TX 10/17/2024 01:27:05 PM (CT)$7,508,688.00 365 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:October 17, 2024 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. 2024-35-B Upper Doe Branch Wastewater Line (Teel Parkway-PISD Stadium) CIP 2152- WW 10/17/2024 @ 2:00PM Page 425 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 6 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between ANA Site Construction, LL, a company authorized to do business in Texas, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: CSP NO. 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY – PISD STADIUM) CIP NO. 2152-WW in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be Page 426 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 7 resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Five million four hundred ninety-two one hundred sixty-seven dollars and 0 cents ($5,492,167.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 300 calendar days after the date of the Notice to Proceed for the base proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Substantial Completion shall be defined as the date upon which all scheduled bid items included in the Contract have been constructed or installed completely to allow all facilities to function as designed and the Contractor has made a request for a final walk-through inspection with the Owner's Construction Superintendent, CIP Program Manager, Engineer, and other representatives. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the final walk-through inspection as being incomplete or not functioning as designed (the “punch list”) have been completed or corrected and the Contractor has requested final acceptance of the Project. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY Page 427 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 8 OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. Page 428 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 9 The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s proposal. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP NO. 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY – PISD STADIUM) CIP NO. 2152-WW 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: Page 429 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 10 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. Page 430 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 11 2) The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. 3) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5. Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the Page 431 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 12 work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. G. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Page 432 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 13 Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. I. Acceptance of Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance Page 433 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 14 with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. J. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. K. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, the Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the Page 434 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 15 final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period itself shall be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. Page 435 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 16 M. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. N. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. P. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. Q. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) Page 436 Item 19. CSP NO: 2024-35-B UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY-PISD STADIUM) (Document Version 04/24) 17 within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. 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 non-binding mediation. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. [Signatures continued on following page.] Page 437 Item 19. Page 438 Item 19. Page 1 of 2 To: Mayor and Town Council From: Tony Luton, Director of Human Resources Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Stop Loss Insurance Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon awarding RFP No. 2024-28-B for Stop Loss Insurance to QBE for the Town’s self-insurance fund, effective January 1, 2025, and authorizing the Town Manager to execute all documents for the same. Description of Agenda Item: The Town's self-insurance fund has stop-loss insurance in place to safeguard against substantial claim losses. Annually, stop-loss insurance must be marketed for renewal. Holmes Murphy, Inc. has undertaken the marketing of this year's coverage on behalf of the town, setting a stop-loss level option of Option 1 $100,000 and Option 2 $125,000. This year the Town received 4 bids. The incumbent stop-loss insurance provider, QBE, proposed an 2.9% renewal increase at the $100,000 level which is significantly lower than the proposed increase from the previous year. QBE provided the second lowest bid in fixed cost behind HM Insurance; however, we feel that the slight difference in cost is warranted based on the relationship between QBE and our current health benefits provider UMR. QBE is a preferred vendor with UMR and HM is not. Partnering with HM Insurance would cause delays in information exchange as well as receiving reimbursement payments. In addition, the contract with QBE is on a paid basis vs 36/12 with HM, and the QBE Maximum Liability is -2.4% vs. HM+3.7% compared to current. Bids at the $125,000 level offered sufficient savings to justify the increase in liability for the self-insurance fund. Staff have met with the finance committee who agreed with the proposal to renewal stop loss insurance with QBE at the $125,000 level assuming additional risk and lowering the premium that is paid by the Town. The Committee directed staff to apply the savings in premium towards increasing the health fund that will assist as the Town assumes more risk in a volatile market. Budget Impact: Budgeted out of #600-51600. HUMAN RESOURCES Page 439 Item 20. Page 2 of 2 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. Stop Loss Analysis 2. QBE Agreement Town Staff Recommendation: Town Staff recommends awarding RFP No. 2024-28-B for Stop Loss insurance to QBE, Option 2 $125,000 level, and authorizing the Town Manager to execute all documents for the same. Proposed Motion: I move to award RFP No. 2024-03-B for Stop Loss Insurance to QBE, Option 2 $125,000 level, and authorize the Town Manager to execute all documents for the same. Page 440 Item 20. Financials Current Provider AM Best Rating A+A+A A++A+ Carrier\Underwriter QBE Insurance Corporation QBE Insurance Corporation HM Insurance Group Berkshire Hathaway Swiss Re Specific Contract Basis Paid Paid 36/12 24/12 24/12 Specific Deductible 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ Annual Specific Premium 804,995.52$ 829,073.04$ 804,995.52$ 853,075.20$ 914,486.88$ Annual Aggregate Premium 25,434.00$ 25,434.00$ 25,434.00$ 15,674.88$ 21,138.48$ Admin Fees -$ -$ 18,840.00$ -$ -$ Total Fixed Costs 830,429.52$ 854,507.04$ 849,269.52$ 868,750.08$ 935,625.36$ $ Change 24,077.52$ 18,840.00$ 38,320.56$ 105,195.84$ % Change 2.90%2.27%4.61%12.67% Carrier\Underwriter QBE Insurance Corporation QBE Insurance Corporation HM Insurance Group Berkshire Hathaway Swiss Re Specific Deductible 125,000.00$ 125,000.00$ 125,000.00$ 125,000.00$ 125,000.00$ Annual Specific Premium 707,178.24$ 680,538.48$ 693,010.56$ 766,793.28$ Annual Aggregate Premium 30,822.24$ 27,204.96$ 19,254.48$ 21,854.40$ Admin Fees -$ 18,840.00$ -$ -$ Total Fixed Costs 738,000.48$ 726,583.44$ 712,265.04$ 788,647.68$ $ Change 116,506.56 122,686.08 156,485.04 146,977.68 Renewal Options Renewal Option with $125,000 Deductible Page 441 Item 20. Page 1 of 2 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: 2025 Meeting Schedule Town Council Meeting – November 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon the 2025 Prosper Town Council Regular meeting schedule. Description of Agenda Item: Each year, the Town Council has an opportunity to review the regular meeting schedule and advise staff if there are any meetings they wish to cancel. Historically, the Town Council has cancelled the second meeting in December. Therefore, for 2025, it would fall on Tuesday, December 23, 2025. This schedule does not include any special meetings that may be called throughout the year. Unless otherwise posted, all Prosper Town Council meetings take place in the Council Chambers of Prosper Town Hall and begin at 6:15 p.m. and if needed, a Work Session at 5:00 p.m. The 2025 Town Council meetings are as follows:  January 14 and 28  February 11 and 25  March 11 and 25  April 8 and 22  May 13 and 27 (Memorial Day is May 26)  June 10 and 24  July 8 and 22  August 12 and 26  September 9 and 23  October 14 and 28  November 11 and 25 (Thanksgiving Holiday is November 27 & 28)  December 9 (December 23 Cancelled) Budget Impact: There is no budgetary impact affiliated with this item. TOWN SECRETARY Page 442 Item 21. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council approve the 2025 Prosper Town Council Regular meeting schedule as presented. Proposed Motion: I move to approve the 2025 Prosper Town Council Regular meeting schedule as presented. Page 443 Item 21.