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08.26.25 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. Presentations. 1. Proclamation declaring the month of September as National Preparedness Month. (RG) 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. 2. Consider and act upon the minutes of the August 12, 2025, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes of the August 12, 2025, Town Council Regular meeting. (MLS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 26, 2025 6:15 PM Page 1 Page 2 of 4 4. Consider and act upon the minutes of the August 14, 2025, Town Council Special meeting. (MLS) 5. Consider and act upon moving the September 9, 2025, Town Council Work Session and Regular meeting to Tuesday, September 16, 2025. (MLS) 6. Consider acceptance of the July monthly financial report for fiscal year 2025. (CL) 7. Consider and act upon a Resolution approving a Negotiated Settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s 2023 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the rates to be set by the attached Settlement Tariffs to be reasonable and in the public interest; and approving an attachment establishing a benchmark for pensions and retiree medical benefits. (TW) 8. Consider and act upon a Resolution suspending a requested GRIP rate increase from CoServ Gas, Ltd. (TW) 9. Consider and act upon authorizing expenditures with SDB Contracting Services for remodeling services and ODP Business Solutions for furniture additions to the Town Hall I.T. Department for $260,642. (LJ) 10. Consider and act upon approving the Resolutions authorizing matching funds for projects submitted under the State and Local Cybersecurity Grant Program. (LJ) 11. Consider and act upon rejecting all bids related to Competitive Sealed Proposal (CSP) No. 2025-11-B for the Doe Branch Pedestrian Trail and Bridge, and direct staff to reduce the scope of the project to include only the northern section of trail along Fish trap Road and Gee Road. (DB) 12. Consider and act upon authorizing the Town Manager to direct Wopac Construction, Inc. to construct two crosswalks in the amount of $122,240. (CJ) 13. Consider and act upon an ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways, by amending Article 10.02, “Capital Improvements and Impact Fees,” of the Town of Prosper Code of Ordinances. (DLH) 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: Page 2 Page 3 of 4 14. Conduct a Public Hearing and consider and act upon a request to rezone 0.7± acres from Single Family-15 to Planned Development-Downtown Office on Collin County School Land Survey 12, Abstract 147, Tracts 39 & 177, located on the northwest corner of Lane Street and First Street. (ZONE-25-0001) (DH) 15. Conduct a Public Hearing and consider and act upon a request to amend the uses and conceptual layout of a portion of Subdistrict 2 and Subdistrict 3 of Planned Development- 67, consisting of 258.3± acres on the west of Preston Road between US 380 (University Drive) and First Street. (ZONE-24-0012) (DH) 16. Conduct a Public Hearing and consider and act upon a request to rezone 373.5± acres from Agricultural to a Planned Development allowing for both Single-Family and Age- Restricted Single-Family Residences, located on the south side of Parvin Road and 2,070± feet east of FM 1385. (ZONE-24-0022) (DH) 17. Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to High Density Residential, on 191.7± acres, located on the south side of Parvin Road and 2,070± feet east of FM 1385. (COMP-24- 0002) (DH) 18. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider 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 551.089 - To deliberate security information collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity, pursuant to Section 2059.055 of the Texas Government Code, and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, and the Downtown Advisory Committee, and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney to discuss legal issues associated with any Work Session or Council Meeting agenda item. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. Page 3 Page 4 of 4 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Wednesday, August 20, 2025, and remained so posted at least three (3) business days 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 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 3 ] Call to Order/ Roll Call. The meeting was called to order at 5:02 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Marcus E. Ray Councilmember Craig Andres 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 Larenz Taylor, Management Analyst Hulon Webb, Director of Engineering Dan Heischman, Asst. Director of Engineering – Development Pete Anaya, Asst. Director of Engineering – Capital Projects Chris Landrum, Finance Director Marcus Northcutt, Accounting Manager Colin Ashby, Budget Analyst & Grants Administrator David Hoover, Development Services Director Todd Rice, Communications Director Carrie Jones, Public Works Director Stuart Blasingame, Fire Chief 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 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. Section 551.071 – To consult with the Town Attorney regarding legal matters associated with Town liability issues, and all matters incident and related thereto. The Town Council recessed into Executive Session at 5:02 p.m. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 12, 2025 Page 5 Item 2. Page 2 of 3 Reconvene into Work Session. The Town Council reconvened at 5:21 p.m. No action was taken. Items for Individual Consideration: 1. Discussion regarding short-term rental(s) policies and procedures. (CE) Mr. Ewings presented the item noting under the current Town policy that short-term rentals are not permitted and are handled on a complaint basis. Benchmarking with neighboring municipalities was also provided. The Town Council requested staff to present and discuss the topic at the upcoming HOA President’s meeting to receive their input and any feedback, and to explore the item further. 2. Discussion regarding the proposed 2025 Bond Election. (RBS) Mr. Scott presented the item with an overview of the six (6) recommendations from the Bond Committee including the amounts attached to each recommendation. Three draft ordinances have been prepared for consideration with a request to consider a revision to one of the referendums to broaden the wording to cover Downtown Imporovements versus only the silos. Mr. Scott noted that the Town intends only to issue up to it’s debt service capacity; thereby no adjustment to the tax rate. Mr. Greene, Bond Committee Chair noted the committees support of the proposed recommendations including the proposed revision for the Downtown Improvements. The committee fully supports the investment into and for the Town for its future needs. The Town Council discussed the options and the proposed recommended revision. 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, including the evaluation of the Town Manager, and all matters incident and related thereto. Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. Section 551.071 - To consult with the Town Attorney regarding legal matters associated with Town liability issues, and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Page 6 Item 2. Page 3 of 3 Corporation Board, Planning & Zoning Commission, Community Engagement Committee, and the Downtown Advisory Committee, and all matters incident and related thereto. The Town Council recessed into Executive Session at 5:54 p.m. Reconvene into Work Session. The Town Council reconvened at 6:19 p.m. No action was taken. Adjourn. The meeting was adjourned at 6:19 p.m. These minutes were approved on the 26th day of August 2025. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 7 Item 2. Page 1 of 7 ] Call to Order/ Roll Call. The meeting was called to order at 6:19 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Marcus E. Ray Councilmember Craig Andres 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 Larenz Taylor, Management Analyst Hulon Webb, Director of Engineering Pete Anaya, Assistant Director of Engineering – Capital Projects Dan Heischman, Assistant Director of Engineering - Development Carrie Jones, Public Works Director Dan Baker, Parks and Recreation Director Chris Landrum, Finance Director Colin Ashby, Budget Officer and Grants Administrator David Hoover, Development Services Director Gary Landeck, Library Director Muya Mwangi, Help Desk Technician I Todd Rice, Communications Director Stuart Blasingame, Fire Chief Doug Kowalski, Police Chief Tom Davis, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mike Martin with Hope Fellowship Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Reeves made the following announcements: Join us for a public Town Hall meeting regarding the fiscal year 2025-2026 Preliminary Budget on Thursday, August 28 at 6:00 p.m. in the Council Chambers. Town staff will provide a presentation and be available for questions. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 12, 2025 Page 8 Item 3. Page 2 of 7 Applications are being accepted for the Mayor’s Youth Advisory Council. This leadership program gives high school juniors and seniors the chance to represent their peers, influence Town decisions, and take part in meaningful civic engagement. Eligible students must live in Prosper and be enrolled in grades 11 or 12 for the 2025-2026 school. Deadline to apply is Friday, August 22. Learn more and apply at www.prospertx.gov/MYAC. The Town of Prosper Water Resources has teamed up with Rooted In for a hands-on workshop on Tuesday, September 9 at 6 pm at Prosper Central Fire Station, located at 911 Safety Way. Learn all about native Texas plants and how you can grow a garden that’s both beautiful and sustainable. Register at www.prospertx.gov/waterconservation. The Prosper Economic Development Corporation is hosting the next Prosper Exchange on Monday, September 22 at 6:00 p.m. The topic “The Exponential Growth of North Texas” will look at the region’s growth and what it means for Prosper. There is no fee to attend, but residents are asked to register by visiting www.prosperedc.com. 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 of the July 22, 2025, Town Council Work Session meeting. (MLS) 2. Consider and act upon the minutes of the July 22, 2025, Town Council Regular meeting. (MLS) 3. Receive the Quarterly Investment Report for the Third Quarter. (CL) 4. Consider and act upon Ordinance 2025-33 amending Division 7, "Addressing the Town Council," of Article 1.02 of Chapter 1 of the Town's Code of Ordinances by adding Section 1.02.194, "Addressing the Town Council." (TW) 5. Consider and act upon authorizing the Town Manager to execute an Interlocal Cooperation Agreement between the Town of Litle Elm and the Town of Prosper for the Coordination of the Ironman Competition route. (MC) 6. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding Competitive Sealed Bid No. 2025-11-B to Ratliff Hardscape, Ltd. for the Doe Branch Pedestrian Trail and Bridge in the amount of $1,458,730. (DB) 7. Consider and act upon authorizing the Town Manager to execute the Roadway Design, Construction and Reimbursement Agreement between Prosper Economic Development Corporation, Blue Star Land L.P., and the Town of Prosper, Texas, related to the design and construction of Godwin Parkway. (HW) 8. Consider and act upon authorizing the Town Manger to execute Contract Amendment No. 1 to the Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road 6MG Ground Storage Tank project for $164,750. (PA) 9. Consider and act upon Ordinance 2025-34 to rezone 0.6± acre from Planned Development to Single Family-15 on Haiman Addition, Block A, Lot 1, on 0.6± Page 9 Item 3. Page 3 of 7 acre, located on the north side of Seventh Street and 120± feet west of Church Street. (ZONE-24-0002) (DH) 10. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Haiman Family Wealth Trust and the Town of Prosper relative to Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street and 120± feet west of Church Street. (DEVAGRE-25-0001) (DH) 11. 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) Mr. Canizares requested to pull item 6 and to have it considered at a future meeting. Mayor Pro-Tem Bartley requested to pull items 9 and 10. Councilmember Ray made a motion to approve consent agenda items 1 through 5, 7, 8, and 11. Councilmember Kern seconded the motion. Motion carried unanimously. Mayor Pro-Tem Bartley requested to remove stucco as a primary material to a secondary material. Mr. Hoover noted the applicant has agreed to the request. Mayor Pro-Tem Bartley made a motion to approve consent agenda item 9 with the noted change to Exhibit C. Councilmember Hodges seconded the motion. Motion carried unanimously. Mayor Pro-Tem Bartley made a motion to approve consent agenda item 10 with noted change to Exhibit C. Councilmember Kern seconded the motion. Motion carried unanimously. CITIZEN COMMENTS Chloe Berry, 1821 Cypress Lake Lane, expressed concerns with the imagery of cotton throughout the Prosper Library. Allan Rutter, 4561 Acacia Parkway, expressed traffic safety concerns regarding speeding on Acacia Parkway. He requested consideration of strategies to reduce the street as a cut through for vehicles. Mr. Canizares commented that the Town has been currently monitoring and conducting traffic studies in this area due to other concerns received. Sharika Kaul, 1710 Mountain Creek Lane, expressed thanks to the Mayor, Public Safety, and members of staff for participating in Universal Oneness Day and their continued support to the community. Neeraj Agrawal, 1021 Crystal Falls Drive, shared an update on the relief efforts by their organization for the recent flooding in the Hill Country. Items for Individual Consideration: Page 10 Item 3. Page 4 of 7 12. Consider and act upon Ordinance 2025-35 calling a Bond Election to be held on November 4, 2025, and providing for the administration of the Election. (RBS/CL) Mr. Scott reviewed the proposed referendums and options for the Bond Election. This item would call the Election with the option the Council selects. Mr. Scott noted that this election will not cause an increase in the tax rate. The Town Council recognized the efforts of the Bond Committee and discussed the proposed options. The Council agreed to select Option 2 which consisted of six referendums totally $192,300.00 incorporating additional road repair funds, and a revision to Proposition F to revise the wording for the purpose of Downtown Prosper Improvements including: renovation of the three historic silos and for additional parking, signage, entryway landmarks, land acquisition drainage improvements, and sidewalks. Mayor Pro-Tem Bartely made a motion to approve Ordinance 2025-35 selecting Option 2, calling a Bond Election to be held on November 4, 2025, with modifications to Proposition F to include additional Downtown improvements for a total of $192,300.00, and providing for the administration of the Election. Councilmember Ray seconded the motion. Motion carried unanimously. 13. Discuss and consider submission of the Preliminary Fiscal Year 2025-2026 Budget. (CL) Mr. Landrum presented an overview of the Preliminary Budget including key revenue drivers, personnel and compensation, General Fun enhancements, Debt Service Fund, Capital Projects, a comparison of property tax valuations, and projected water and wastewater rates. The Town Council discussed water rates, health fund, Capital projects, sales tax, and debt per capita. The Town Council expressed appreciation for presented a balanced budget and being fiscally responsible. 14. Consider and act upon accepting submission of the tax year 2025, fiscal year 2025-2026, no-new-revenue tax rate of $0.482348 per $100 taxable value, voter- approval tax rate of $0.505000 per $100 taxable value, and preliminary property tax rate of $0.505000 per $100 taxable value. (CL) Mr. Landrum introduced the item noting the no-new-revenue tax rate compares like property year over year. The voter-approval tax rate is split into two separate components which includes the operating and maintenance rate and a debt rate. It was noted only one public hearing would be required due to the preliminary tax rate being higher than the no-new-revenue tax rate. Councilmember Ray made a motion to approve accepting submission of the tax year 2025, fiscal year 2025-2026, no-new-revenue tax rate of $0.482348 per $100 taxable value, voter-approval tax rate of $0.505000 per $100 taxable value, and preliminary property tax rate of $0.505000 per $100 taxable value. Mayor Pro-Tem Bartley seconded the motion. Motion carried unanimously. 15. Consider and act upon a proposed FY 2025-2026 property tax rate. (CL) Mr. Landrum introduced the item stating the rate the Town adopts can be lower than the proposed rated and published rate, but it cannot exceed it. This item requires a roll call vote. Page 11 Item 3. Page 5 of 7 Councilmember Ray made a motion to a proposal to adopt a FY 2025-2026 tax rate of fifty and a half cents ($0.505) per one hundred dollars ($100) of valuation on the September 16, 2025, Town Council Agenda. Councilmember Hodges seconded the motion. Councilmember Reeves – In favor Councilmember Hodges – In favor Deputy Mayor Pro-Tem Kern – In favor Mayor Bristol – In favor Mayor Pro-Tem Bartley – In favor Councilmember Andres – In favor Councilmember Ray – In favor Motion carried unanimously. 16. Consider and act upon scheduling a Public Hearing on the FY 2025-2026 Proposed Budget. (CL) Mr. Landrum stated this item is to set the Public Hearing date for September 16 and the notice of the public hearing to be submitted for publication. Councilmember Hodges made a motion to schedule a Public Hearing on the FY 2025- 2026 Proposed Budget for September 16, 2025, at 6:15 p.m., with the meeting taking place in the Council Chambers of Prosper Town Hall, located at 250 W First St, Prosper, TX. Councilmember Reeves seconded the motion. Motion carried unanimously. 17. Consider and act upon scheduling a Public Hearing on the proposed Fiscal Year 2025-2026 tax rate. (CL) Mr. Landrum stated this item is to set the Public Hearing date for September 16 for the tax rate. Councilmember Reeves made a motion to schedule the Public Hearing on the proposed tax rate for September 16, 2025, at 6:15 p.m., with the meeting taking place in the Council Chambers of Prosper Town Hall, located at 250 W First St, Prosper, TX. Councilmember Andres seconded the motion. Motion carried unanimously. 18. Conduct a Public Hearing to receive public comments concerning the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater, and roadway utilities. (DLH) Mr. Heischman introduced members from Freese & Nichols who assisted the Town in conducting the impact fee study. The consultants from Freese & Nichols presented an overview of the impact fee process, land use assumptions, water/wastewater and roadway analysis, comparisons with other municipalities, and the Capital Improvements Advisory Committee (CIAC) recommendation. Mayor Bristol opened the public hearing. Mayor Bristol noted for the record a letter received from Dallas Builders Association requesting the Town Council consider adoption of the roadway, water, and wastewater impact fees at 50% of the maximum allowable fees listed in the study, and to consider Page 12 Item 3. Page 6 of 7 phasing in any increase in impact fees over 2 years to allow the new home market in Prosper to better absorb the economic impact. Mayor Bristol closed the public hearing. Mr. Heischman noted the CIAC unanimously recommended to set the water, wastewater, and roadway impact fees at the maximum allowable fee per the impact fee study. The Town Council discussed the rates by use and any impact to the budget based on their final decision. 19. Conduct a Public Hearing and consider and act upon a request to rezone 18.7± acres from Planned Development-14 (Retail) to Planned Development-Retail on Netherly Survey, Abstract 962, Tract 7, located on the northwest corner of Legacy Drive and First Street. (ZONE-25-0004) (DH) Mr. Canizares stated the applicant for this item has requested to table to the next regularly scheduled meeting on August 26. Mayor Bristol read the caption as listed. Mayor Pro-Tem Bartley made a motion to table a request to rezone 18.7± acres from Planned Development-14 (Retail) to Planned Development-Retail on Netherly Survey, Abstract 962, Tract 7, located on the northwest corner of Legacy Drive and First Street to August 26. Councilmember Hodges seconded the motion. Motion carried unanimously. 20. Discuss and consider Town Council Subcommittee reports. (DFB) Finance Subcommittee: Mayor Bristol noted it consisted of all the budget items on the agenda. Downtown Advisory Committee: Councilmember Kern noted the map provided that reflects businesses, future and public spaces. Councilmember Reeves noted the murals that are now completed. Community Engagement Committee: Mr. Rice noted the committee discussed a hashtag campaign, looking for a joint meeting date with the Parks and Recreation Board, and will be reviewing MYAC applications for selection. 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. Page 13 Item 3. Page 7 of 7 Section 551.074 – To discuss and consider personnel matters, including the evaluation of the Town Manager, and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal matters associated with Town liability issues, and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney to discuss legal issues associated with any Work Session or Council Meeting agenda item. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, and the Downtown Advisory Committee, and all matters incident and related thereto. The Town Council recessed into Executive Session at 8:20 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 9:42 p.m. Mayor Pro-Tem Bartley made a motion to authorize the Mayor to execute a Severance Agreement for the Town Manager outlining future terms and conditions relative to any severance action taken by the Town Council. Councilmember Reeves seconded the motion. Motion carried unanimously. Mayor Pro-Tem Bartley made a motion to authorize the Mayor to execute an Employment Agreement with the Town Manager. Councilmember Kern seconded the motion. Motion carried unanimously. Mayor Pro-Tem Bartley made a motion to appointment Mayor Pro-Tem Bartley and Councilmember Kern to a Bylaws Subcommittee with the EDC members chosen by their board. Councilmember Ray seconded the motion. Motion carried unanimously. Adjourn. The meeting was adjourned at 9:43 p.m. These minutes were approved on the 12th day of August 2025. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 14 Item 3. Page 1 of 1 ] Call to Order/ Roll Call. The meeting was called to order at 5:47 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Marcus E. Ray arrived at 8:05 p.m. Councilmember Craig Andres Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Michelle Lewis Sirianni, Town Secretary 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 551.074 - To conduct interviews for positions on the Town’s Board & Commissions, and all matters incident and related thereto. The Town Council recessed into Executive Session at 5:47 p.m. Reconvene in Open Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Open Session at 9:23 p.m. No action was taken. Adjourn. The meeting was adjourned at 9:23 p.m. These minutes were approved on the 26th day of August 2025. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary MINUTES Prosper Town Council Special Meeting Prosper Town Hall – Community Room 250 W. First Street, Prosper, Texas Thursday, August 14, 2025 Page 15 Item 4. Page 1 of 1 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Moving September 9 Work Session & Regular Meeting Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon moving the September 9, 2025, Town Council Work Session and Regular meeting to Tuesday, September 16, 2025. Description of Agenda Item: Town staff have reviewed upcoming agenda items for September 9 and confirmed that there are no items requiring action on this date or prior to the proposed rescheduled meeting date. Town Staff Recommendation: Town Staff recommends the Town Council approve moving the September 9, 2025, Town Council Work Session and Regular meeting to Tuesday, September 16, 2025. Proposed Motion: I move to approve moving the September 9, 2025, Town Council Work Session and Regular meeting to Tuesday, September 16, 2025. TOWN SECRETARY Page 16 Item 5. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: July Monthly Financial Report for Fiscal Year 2025 Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the July monthly financial report for fiscal year 2025. Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges, except where otherwise noted in the financial statements. The attached monthly financial report for fiscal year 2025 was put in a new order to better align with the fund types (governmental, business-type, multi-year, etc.). Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – July 31, 2025 Town Staff Recommendation: Town staff recommend the Town Council accept the submission of the monthly financial report for the period of July for fiscal year 2025 in compliance with the requirements of the Town Charter. Proposed Motion: I move to accept the July Monthly Financial Report for fiscal year 2025 in compliance with charter requirements. FINANCE Page 17 Item 6. MONTHLY FINANCIAL REPORT as of July 31, 2025 Cash/Budgetary Basis Prepared by Finance Department August 26, 2025 Page 18 Item 6. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 2025 Table of Contents General Fund 3 General Fund Charts 4 - 6 Debt Service Fund 7 East Thoroughfare Impact Fees Fund 8 West Thoroughfare Impact Fees Fund 9 Water Impact Fees Fund 10 Wastewater Impact Fees Fund 11 Impact Fee Chart 12 TIRZ #1 - Blue Star 13 TIRZ #2 14 Crime Control and Prevention Special Purpose District 15 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 16 Park Dedication and Improvement Fund 17 Special Revenue Fund 18 Hotel Occupancy Tax Fund 19 Water-Sewer Fund 20 - 21 Water-Sewer Fund Charts 22 - 24 Storm Drainage Utility Fund 25 Solid Waste Fund 26 Vehicle and Equipment Replacement Fund 27 Health Insurance Fund 28 Capital Projects Fund-General 29 - 31 Capital Projects Fund-Water/Sewer 32 Page 19 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 23,332,018$ -$ 23,332,018$ 22,839,365$ -$ 492,653$ 98%1 20,565,649$ 11% Sales Taxes 12,903,535 - 12,903,535 9,623,117 - 3,280,418 75%9,230,981 4% Franchise Fees 3,334,932 - 3,334,932 2,530,050 - 804,882 76%2 2,519,207 0% Building Permits 3,700,000 - 3,700,000 2,911,170 - 788,830 79%3,747,678 -22% Other Licenses, Fees & Permits 2,290,520 - 2,290,520 1,685,074 - 605,446 74%1,451,009 16% Charges for Services 1,342,523 - 1,342,523 1,458,948 - (116,425) 109%1,244,180 17% Fines & Warrants 352,050 - 352,050 444,377 - (92,327) 126%361,678 23% Intergovernmental Revenue (Grants)611,781 - 611,781 28,320 - 583,461 5%129,986 -78% Interest Income 950,000 - 950,000 574,160 - 375,840 60%857,829 -33% Miscellaneous 144,351 - 144,351 270,652 - (126,301) 187%195,820 38% Park Fees 767,400 - 767,400 535,789 - 231,611 70%568,471 -6% Transfers In 1,478,696 - 1,478,696 1,232,247 - 246,449 83%1,080,918 14% Total Revenues 51,207,806$ -$ 51,207,806$ 44,133,269$ -$ 7,074,537$ 86%41,953,406$ 5% EXPENDITURES Administration 10,928,574$ -$ 10,928,574$ 8,677,199$ 507,722$ 1,743,653$ 84%8,509,758$ 2% Police 11,538,858 - 11,538,858 9,945,141 238,617 1,355,100 88%3 7,992,091 24% Fire/EMS 10,379,914 - 10,379,914 9,300,846 151,214 927,854 91%3 8,898,048 5% Public Works 5,108,876 - 5,108,876 3,364,869 542,250 1,201,757 76%3,163,234 6% Community Services 8,170,637 - 8,170,637 6,139,185 556,153 1,475,299 82%5,566,915 10% Development Services 4,119,971 - 4,119,971 3,161,229 94,182 864,560 79%2,659,052 19% Engineering 2,572,798 - 2,572,798 1,974,709 30,974 567,115 78%2,120,096 -7% Transfers Out - - - - - - 0%446,389 -100% Total Expenses 52,819,628$ -$ 52,819,628$ 42,563,179$ 2,121,111$ 8,135,338$ 85%39,355,582$ 8% REVENUE OVER (UNDER) EXPENDITURES (1,611,822)$ -$ (1,611,822)$ 1,570,090$ 2,597,824$ Beginning Fund Balance October 1 13,231,361 13,231,361 18,777,035 Ending Fund Balance 11,619,539$ 14,801,451$ 21,374,859$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Payroll costs will be transferred to each SPD at the end of the fiscal year. 4 Fund Balance Contingency per Charter and Reserve for FY25 = $10,750,376 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% GENERAL FUND Page 3 Page 20 Item 6. $22,839,365 $9,623,117 $2,530,050 $2,911,170 $20,565,649 $9,230,981 $2,519,207 $3,747,678 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 4 Page 21 Item 6. 98% 75%76% 79% 74% 109% 60% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Interest Income 0% 20% 40% 60% 80% 100% 120% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET Page 5 Page 22 Item 6. 0 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 20/21 FY 21/22 FY22/23 FY23/24 FY24/25 Page 6 Page 23 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ (1,748)$ -$ 76,748$ -2%3 230,385$ -101% Property Taxes-Current 18,113,251 - 18,113,251 17,961,707 - 151,544 99%1 15,127,712 19% Taxes-Penalties 40,000 - 40,000 53,515 - (13,515) 134%61,813 -13% Interest Income 195,000 - 195,000 199,427 - (4,427) 102%238,905 -17% Transfer In - - - - - -0%- 0% Total Revenues 18,423,251$ -$ 18,423,251$ 18,212,900$ -$ 210,351$ 99%15,658,815$ 16% EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ 0%2,500$ -100% Bond Administrative Fees 20,000 - 20,000 1,015 - 18,985 5%1,500 -32% 2014 GO Bond Payment 600,000 - 600,000 - - 600,000 0%- 0% 2015 GO Bond Payment 1,436,700 - 1,436,700 1,436,700 - - 100%1,365,700 5% 2015 CO Bond Payment 495,000 - 495,000 495,000 - - 100%475,000 4% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 105,000 - 105,000 105,000 - - 100%90,000 17% 2017 CO Debt Payment 480,000 - 480,000 480,000 - - 100%450,000 7% 2018 GO Debt Payment 160,000 - 160,000 160,000 - - 100%2 150,000 7% 2018 CO Debt Payment 520,000 - 520,000 520,000 - - 100%500,000 4% 2019 CO Debt Payment 549,266 - 549,266 549,266 - - 100%340,022 62% 2019 GO Debt Payment 170,000 - 170,000 170,000 - - 100%165,000 3% 2020 CO Debt Payment 430,000 - 430,000 430,000 - - 100%265,000 62% 2021 CO Debt Payment 265,000 - 265,000 265,000 - - 100%260,000 2% 2021 GO Debt Payment 1,355,000 - 1,355,000 1,355,000 - - 100%1,290,000 5% 2022 GO Debt Payment 1,020,000 - 1,020,000 1,020,000 - - 100%970,000 5% 2023 GO Debt Payment 1,055,000 - 1,055,000 1,055,000 - - 100%2,230,000 -53% 2024 GO Debt Payment 2,100,000 - 2,100,000 2,100,000 - - 100% Bond Interest Expense 8,082,589 - 8,082,589 4,078,331 - 4,004,258 50%3,414,404 19% Total Expenditures 18,843,555$ -$ 18,843,555$ 14,220,311$ -$ 4,623,243$ 75%11,969,125$ 19% REVENUE OVER (UNDER) EXPENDITURES (420,304)$ -$ (420,304)$ 3,992,588$ 3,689,690$ Beginning Fund Balance October 1 1,245,232 1,245,232 1,302,520 Ending Fund Balance Current Month 824,928$ 5,237,820$ 4,992,210$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. 3 Refunds for prior year delinquent property tax revenue have caused this to become negative. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% DEBT SERVICE FUND Page 7 Page 24 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,000,000$ -$ 1,000,000$ 1,022,537$ East Thoroughfare Other Revenue - - - - Interest Income 120,000 - 120,000 105,610 Total Revenues 1,120,000$ -$ 1,120,000$ 1,128,148$ EXPENDITURES Developer Reimbursements FM 1461 (SH289-CR 165)385,368$ 77,074$ -$ 77,074$ 77,074$ -$ -$ 308,294$ -$ Cambridge Park Estates 880,361 160,001 - 160,001 24,348 - 135,653 774,795 81,218 Total Developer Reimbursements 1,265,728$ 237,074$ -$ 237,074$ 101,422$ -$ 135,653$ 1,083,089$ 81,218$ Transfer to Capital Project Fund 1,820,000$ 2,500,000$ -$ 2,500,000$ 2,529,491$ (29,491)$ (709,491)$ Total Transfers Out 1,820,000$ 2,500,000$ -$ 2,500,000$ 2,529,491$ -$ (29,491)$ -$ (709,491)$ Total Expenditures 3,085,728$ 2,737,074$ -$ 2,737,074$ 2,630,912$ -$ 106,162$ 1,083,089$ (628,273)$ REVENUE OVER (UNDER) EXPENDITURES (1,617,074)$ (1,502,765)$ Beginning Fund Balance October 1 3,376,848 3,376,848 Ending Fund Balance Current Month 1,759,774$ 1,874,083$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 EAST THOROUGHFARE IMPACT FEES FUND Page 8 Page 25 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,500,000$ -$ 4,500,000$ 3,469,316$ West Thoroughfare Other Revenue - - - - Interest Income 200,000 - 200,000 318,343 Total Revenues 4,700,000$ -$ 4,700,000$ 3,787,659$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 6,573,981$ -$ -$ -$ -$ -$ -$ 6,521,933$ 52,048$ Pk Place, Prosper Hills, Prosper Meadow 4,014,469 1,200,000 - 1,200,000 - - 1,200,000 - 4,014,469 Star Trail Developer Reimb 6,315,000 2,000,000 - 2,000,000 - - 2,000,000 5,635,232 679,768 Legacy Garden Developer Reimb 3,407,300 1,000,000 - 1,000,000 - - 1,000,000 485,648 2,921,652 DNT Frontier Retail 2,154,348 800,000 - 800,000 1,262,833 - (462,833) - 891,515 Westside Developer Reimb 156,016 86,548 - 86,548 - - 86,548 69,468 86,548 Total Developer Reimbursements 22,621,114$ 5,086,548$ -$ 5,086,548$ 1,262,833$ -$ 3,823,715$ 12,712,281$ 8,646,000$ Transfer to Capital Project Fund 5,000,000$ 5,000,000$ -$ 5,000,000$ 5,029,491$ (29,491)$ (29,491)$ Total Transfers Out 5,000,000$ 5,000,000$ -$ 5,000,000$ 5,029,491$ -$ (29,491)$ -$ (29,491)$ Total Expenditures 28,271,114$ 10,086,548$ -$ 10,086,548$ 6,292,323$ -$ 3,794,225$ 12,712,281$ 9,266,509$ REVENUE OVER (UNDER) EXPENDITURES (5,386,548)$ (2,504,665)$ Beginning Fund Balance October 1 9,564,029 9,564,029 Ending Fund Balance Current Month 4,177,481$ 7,059,364$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 WEST THOROUGHFARE IMPACT FEES FUND Page 9 Page 26 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,500,000$ -$ 3,500,000$ 2,285,923$ Interest Income 290,000 - 290,000 289,706 Total Revenues 3,790,000$ -$ 3,790,000$ 2,575,629$ EXPENDITURES Developer Reimbursements DNT Frontier Retail 343,542$ 200,000$ -$ 200,000$ 237,916$ -$ (37,916)$ 54,252$ 51,374$ Star Trail 2,811,923 500,000 - 500,000 - - 500,000 2,399,731 412,192 Victory at Frontier 215,402 68,031 - 68,031 - - 68,031 168,869 46,533 Westside Developer Reimb 438,235 222,502 - 222,502 - - 222,502 215,733 222,502 Pk Place, Prosper Hills, Prosper Meadow 1,406,859 800,000 - 800,000 - - 800,000 - 1,406,859 Parks at Legacy Developer Reimb 594,140 - - - 270,739 - (270,739) 594,140 (270,739) Total Developer Reimbursements 5,810,101$ 1,790,533$ -$ 1,790,533$ 508,656$ -$ 1,281,877$ -$ 1,868,721$ Transfer to Capital Project Fund -$ 2,000,000$ -$ 2,000,000$ 2,007,309$ -$ (7,309)$ -$ Total Transfers Out -$ 2,000,000$ -$ 2,000,000$ 2,007,309$ -$ (7,309)$ -$ -$ Total Expenditures 5,810,101$ 3,790,533$ -$ 3,790,533$ 2,515,965$ -$ 1,274,568$ -$ 1,868,721$ REVENUE OVER (UNDER) EXPENDITURES (533)$ 59,664$ Beginning Fund Balance October 1 7,882,804 7,882,804 Ending Fund Balance Current Month 7,882,271$ 7,942,468$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 WATER IMPACT FEES FUND Page 10 Page 27 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 1,206,720$ Interest Income 125,000 - 125,000 136,656 Upper Trinity Equity Fee 300,000 - 300,000 166,500 Total Revenues 2,425,000$ -$ 2,425,000$ 1,509,875$ EXPENDITURES Developer Reimbursements LaCima Developer Reimb 228,630$ 125,000$ -$ 125,000$ -$ -$ 125,000$ 103,630$ 125,000$ Brookhollow Developer Reimb 1,178,194 120,452 - 120,452 - - 120,452 1,057,742 120,452 All Storage Developer Reimb 204,180 150,000 - 150,000 - - 150,000 54,180 150,000 Legacy Garden Developer Reimb 274,438 63,274 - 63,274 5,464 - 57,810 211,164 57,810 Pk Place, Prosper Hills, Prosper Meadow 186,169 100,000 - 100,000 - - 100,000 - 186,169 Total Developer Reimbursements 2,071,611$ 558,726$ -$ 558,726$ 5,464$ -$ 553,262$ 1,426,716$ 639,431$ Transfer to Capital Project Fund 3,531,622$ 3,531,622$ -$ 3,531,622$ 3,538,931$ -$ (7,309)$ -$ (7,309)$ Total Transfers Out 3,531,622$ 3,531,622$ -$ 3,531,622$ 3,538,931$ -$ (7,309)$ -$ (7,309)$ Total Expenditures 5,603,233$ 4,090,348$ -$ 4,090,348$ 3,544,395$ -$ 545,953$ 1,426,716$ 632,122$ REVENUE OVER (UNDER) EXPENDITURES (1,665,348)$ (2,034,520)$ Beginning Fund Balance October 1 4,248,161 4,248,161 Ending Fund Balance Current Month 2,582,813$ 2,213,641$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 WASTEWATER IMPACT FEES FUND Page 11 Page 28 Item 6. EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER ANNUAL BUDGET $1,000,000 4,500,000 $3,500,000 $2,000,000 YTD ACTUAL $1,022,537 $3,469,316 $2,285,923 $1,206,720 % OF BUDGET 102%77%65%60% 102% 77% 65% 60% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget Page 12 Page 29 Item 6. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 50,000$ -$ 50,000$ 341,656$ (291,656)$ 683%80,996$ 322% Wastewater Impact Fees 700,000 - 700,000 502,669 197,331 72%528,278 -5% East Thoroughfare Impact Fees 50,000 - 50,000 156,476 (106,476) 313%65,244 140% Property Taxes - Town (Current)1,269,687 - 1,269,687 1,256,338 13,349 99%1,108,174 13% Property Taxes - Town (Rollback)- - - 165,155 (165,155) 0%486,411 -66% Property Taxes - County (Current)268,202 - 268,202 265,382 2,820 99%231,790 14% Sales Taxes - Town 1,293,986 - 1,293,986 1,032,199 261,787 80%972,230 6% Sales Taxes - EDC 1,086,948 - 1,086,948 864,467 222,481 80%814,242 6% Interest Income 75,000 - 75,000 158,369 (83,369) 211%119,833 32% Transfer In - - - - - 0%- 0% Total Revenue 4,793,823$ -$ 4,793,823$ 4,742,712$ 51,111$ 99%4,407,197$ 8% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Reimbursement 4,787,823 - 4,787,823 - 4,787,823 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenses 4,793,823$ -$ 4,793,823$ -$ 4,793,823$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 4,742,712$ 4,407,197$ Beginning Fund Balance October 1 2,542,101 2,542,101 991,447 Ending Fund Balance Current Month 2,542,101$ 7,284,813$ 5,398,644$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% TIRZ #1 - BLUE STAR Page 13 Page 30 Item 6. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)117,783$ -$ 117,783$ 114,647$ 3,136$ 97%39,537$ 190% Property Taxes - Town (Rollback)- - - - - 0%44,560 -100% Property Taxes - County (Current)8,441 - 8,441 24,217 (15,776) 287%8,270 193% Sales Taxes - Town 2,000 - 2,000 1,288 712 64%7,138 -82% Sales Taxes - EDC 2,000 - 2,000 1,288 712 64%7,138 -82% Interest Income 1,500 - 1,500 3,244 (1,744) 216%2,965 9% Total Revenue 131,724$ -$ 131,724$ 144,683$ (12,959)$ 110%109,608$ 32% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Reimbursement 131,724 - 131,724 - 131,724 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenditures 131,724$ -$ 131,724$ -$ 131,724$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 144,683$ 109,608$ Beginning Fund Balance October 1 25,751 25,751 25,650 Ending Fund Balance Current Month 25,751$ 170,434$ 135,258$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% Page 14 Page 31 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,478,456$ -$ 3,478,456$ 2,553,105$ -$ 925,351$ 73%2,481,367$ 3% Interest Income 1,200 - 1,200 9,442 - (8,242) 787%- 0% Other - - - - - - 0%- 0% Total Revenue 3,479,656$ -$ 3,479,656$ 2,562,547$ -$ 917,109$ 74%2,481,367$ 3% EXPENDITURES Personnel 3,344,835$ -$ 3,344,835$ 1,924,045$ -$ 1,420,790$ 58%1 2,464,192$ -22% Other 1,200 - 1,200 1,930 - (730) 161%9,955 -81% Total Expenditures 3,346,035$ -$ 3,346,035$ 1,925,974$ -$ 1,420,061$ 58%2,474,147$ -22% REVENUE OVER (UNDER) EXPENDITURES 133,621$ -$ 133,621$ 636,573$ 7,220$ Beginning Fund Balance October 1 398,065 398,065 422,055 Ending Fund Balance Current Month 531,686$ 1,034,638$ 429,275$ Notes 1 Payroll costs will be transferred to each SPD at the end of the fiscal year. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT Page 15 Page 32 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,478,456$ -$ 3,478,456$ 2,570,691$ -$ 907,765$ 74%2,482,008$ 4% Interest Income 1,200 - 1,200 1,139 - 61 95%3,654 -69% Other - - - - - - 0%- 0% Total Revenue 3,479,656$ -$ 3,479,656$ 2,571,829$ -$ 907,827$ 74%2,485,662$ 3% EXPENDITURES Personnel 3,541,860$ -$ 3,541,860$ 2,430,480$ -$ 1,111,380$ 69%1 2,363,434$ 3% Other 2,400 - 2,400 1,930 - 470 80%9,955 -81% Total Expenditures 3,544,260$ -$ 3,544,260$ 2,432,410$ -$ 1,111,850$ 69%2,373,389$ 2% REVENUE OVER (UNDER) EXPENDITURES (64,604)$ -$ (64,604)$ 139,419$ 112,274$ Beginning Fund Balance October 1 382,940 382,940 455,295 Ending Fund Balance Current Month 318,336$ 522,359$ 567,569$ Notes 1 Payroll costs will be transferred to each SPD at the end of the fiscal year. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT Page 16 Page 33 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4Park Dedication Fees 600,000$ -$ 600,000$ 1,303,973$ -$ (703,973)$ 217%737,375$ 77% 60-4Park Improvement Fees 800,000 - 800,000 1,217,000 - (417,000) 152%646,146 88% 60-4Interest - Park Dedication 36,000 - 36,000 47,929 - (11,929) 133%30,893 55% 60-4Interest - Park Improvement 38,000 - 38,000 22,429 - 15,571 59%36,914 -39% Contributions/Grants - - - - - -0%- 0% Transfers In - - - - - -0%- 0% Total Revenue 1,474,000$ -$ 1,474,000$ 2,591,331$ -$ (1,117,331)$ 176%1,451,329$ 79% EXPENDITURES Transfers Out - Park Dedication 1,810,050$ -$ 1,810,050$ 1,115,050$ -$ 695,000$ 62%-$ 0% Park Dedication - - - - - - 0%- 0% Transfers Out - Park Improvement 465,000 - 465,000 465,000 - - 100%- 0% Park Improvement 50,000 - 50,000 - 47,174 2,826 94%- 0% Total Expenditures 2,325,050$ -$ 2,325,050$ 1,580,050$ 47,174$ 697,826$ 70%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (851,050)$ -$ (851,050)$ 1,011,281$ 1,451,329$ Beginning Fund Balance October 1 1,232,192 1,232,192 2,316,978 Ending Fund Balance Current Month 381,142$ 2,243,473$ 3,768,307$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% PARK DEDICATION AND IMPROVEMENT FUNDS Page 17 Page 34 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Interest Income 52,550$ -$ 52,550$ 272,792$ -$ (220,242)$ 519%88,722$ 207% Interest Income CARES/ARPA Funds - - - - - - 0%110,528 -100% Police Donation Revenue 15,500 - 15,500 23,810 - (8,310) 154%16,947 41% Cash Seizure Forfeit - - - 16,370 - (16,370) 0%6,130 167% Fire Donation Revenue 15,500 - 15,500 13,912 - 1,588 90%15,915 -13% Child Safety Revenue 28,000 - 28,000 18,947 - 9,053 68%13,894 36% Court Technology Revenue 8,198 - 8,198 10,973 - (2,775) 134%8,773 25% Court Security Revenue 8,525 - 8,525 13,455 - (4,930) 158%10,645 26% Municipal Jury revenue - - - 341 - (341) 0%214 59% Tree Mitigation 300,000 - 300,000 56,858 - 243,143 19%153,559 -63% Escrow Income - - - 10,000 - (10,000) 0%167,514 -94% LEOSE Revenue 3,000 - 3,000 10,288 - (7,288) 343%8,756 18% Transfer In - - - - - - 0%- 0% Total Revenue 431,273$ -$ 431,273$ 447,745$ -$ (16,472)$ 104%601,597$ -26% EXPENDITURES Police Donation Expense 5,000$ -$ 5,000$ 3,989$ -$ 1,011$ 80%2,229$ 79% Police Seizure Expense 12,995 - 12,995 6,621 - 6,374 51%867 664% Fire Donation Expense 10,000 - 10,000 34,210 - (24,210) 342%2,980 1048% Child Safety Expense 3,000 - 3,000 695 - 2,306 23%264 163% Court Technology Expense 10,000 - 10,000 - - 10,000 0%- 0% Court Security Expense 16,860 - 16,860 - - 16,860 0%- 0% Tree Mitigation Expense - - - - - - 0%- 0% LEOSE Expenditure 6,500 - 6,500 959 - 5,541 15%3,955 -76% Transfer Out (Escrow Funds)- - - 500,000 - (500,000) 0%167,514 198% Transfer Out (Tree Mitigation)1,150,000 - 1,150,000 1,150,000 - - 100%200,000 475% Total Expenses 1,214,355$ -$ 1,214,355$ 1,696,474$ -$ (482,119)$ 140%377,809$ 349% REVENUE OVER (UNDER) EXPENDITURES (783,082)$ -$ (783,082)$ (1,248,729)$ 223,788$ Beginning Fund Balance October 1 2,296,614 2,296,614 2,104,365 Ending Fund Balance Current Month 1,513,532$ 1,047,885$ 2,328,153$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% SPECIAL REVENUE FUNDS Page 18 Page 35 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Taxes 57,125$ -$ 57,125$ -$ -$ 57,125$ 0%-$ 0% Interest Income 2,000 - 2,000 - - 2,000 0%- 0% Other - - - - - - 0%- 0% Total Revenue 59,125$ -$ 59,125$ -$ -$ 59,125$ 0%-$ 0% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%-$ 0% Development Agreement 28,563 - 28,563 - - 28,563 0%- 0% Other - - - - - - 0%- 0% Total Expenditures 28,563$ -$ 28,563$ -$ -$ 28,563$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 30,562$ -$ 30,562$ -$ -$ Beginning Fund Balance October 1 - - - Ending Fund Balance Current Month 30,562$ -$ -$ Notes The Town's first hotel was expected to open in May 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% HOTEL OCCUPANCY TAX FUND Page 19 Page 36 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 24,470,841$ -$ 24,470,841$ 16,428,915$ -$ 8,041,926$ 67%14,843,995$ 11% Sewer Charges for Services 14,674,289 - 14,674,289 11,417,585 - 3,256,704 78%9,357,785 22% Licenses, Fees & Permits 377,705 - 377,705 400,872 - (23,167) 106%372,908 7% Utility Billing Penalties 186,900 - 186,900 214,084 - (27,184) 115%185,270 16% Interest Income 510,000 - 510,000 411,097 - 98,903 81%428,132 -4% Other 3,224,690 - 3,224,690 545,394 - 2,679,296 17%590,403 -8% Transfer In - - - - - - 0 - 0% Total Revenues 43,444,425$ -$ 43,444,425$ 29,417,946$ -$ 14,026,479$ 68%25,778,494$ 14% EXPENDITURES Administration 1,063,187$ -$ 1,063,187$ 1,052,209$ 43,242$ (32,264)$ 103%899,285$ 17% Debt Service 6,753,424 - 6,753,424 2,853,759 - 3,899,665 42%1 2,164,788 32% Water Purchases 13,563,295 - 13,563,295 11,096,491 - 2,466,805 82%8,654,581 28% Sewer Management Fee 5,270,599 - 5,270,599 5,154,723 - 115,876 98%4,236,135 22% Franchise Fee 1,136,854 - 1,136,854 947,378 - 189,476 83%574,876 65% Public Works 9,601,940 - 9,601,940 6,893,012 768,062 1,940,866 80%5,858,781 18% Transfer Out 1,218,340 - 1,218,340 1,100,583 - 117,757 90%5,461,423 -80% Total Expenses 38,607,639$ -$ 38,607,639$ 29,098,156$ 811,304$ 8,392,828$ 77%27,849,868$ 4% REVENUE OVER (UNDER) EXPENDITURES 4,836,786$ -$ 4,836,786$ 319,790$ (2,071,375)$ Beginning Working Capital October 1 12,399,855 12,399,855 18,777,035 Ending Working Capital 17,236,641$ 12,719,645$ 16,705,660$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY25 = $9,349,700 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% WATER-SEWER FUND Page 20 Page 37 Item 6. Jul-25 Jul-24 Growth % WATER SEWER WATER SEWER Change # of Accts Residential 14,082 13,379 13,416 12,714 5.09% # of Accts Commercial 503 458 461 413 9.95% Consumption-Residential 217,540,280 94,111,458 305,562,160 90,834,460 -21.38% Consumption-Commercial 30,211,900 16,758,430 32,187,220 17,393,440 -5.26% Consumption-Commercial Irrigation 36,402,840 45,132,470 -19.34% Avg Total Res Water Consumption 15,430 22,740 -32.15% Billed ($) Residential 1,544,368$ 972,746$ 2,087,465$ 804,038$ -26.02% Billed ($) Commercial 313,751$ 185,403$ 303,969$ 157,073$ 3.22% Billed ($) Commercial Irrigation 348,694$ 414,512$ -15.88% Total Billed ($)2,206,813$ 1,158,148$ 2,805,946$ 961,112$ -10.67% Five Year Cumulative Month Avg. Temp (°F)# Rain Days Rainfall (in)Avg. Temp (°F)# Rain Days Rainfall (in)Month FY2025 FY2024 Average Average October 75°1 0.41 68°8 11.30 October 17,490 19,061 17,751 17,751 November 61°9 4.09 58°2 0.57 November 14,260 10,540 10,991 28,742 December 61°13 5.91 53°5 4.09 December 9,080 8,003 7,405 36,148 January 43°6 5.94 43°10 3.86 January 6,340 7,400 6,862 43,009 February 49°10 2.12 58°5 1.56 February 6,090 6,200 6,344 50,487 March 64°7 1.31 61°12 6.57 March 6,308 7,600 6,669 56,023 April 69°10 4.65 69°9 9.07 April 10,638 8,900 9,246 65,269 May 74°10 6.07 77°11 9.71 May 11,310 9,510 11,778 77,046 June 82°6 3.09 84°5 4.35 June 13,536 10,310 12,720 89,767 July 85°11 2.58 85°8 1.84 July 15,430 22,740 18,856 108,623 August 89°2 0.96 August 22,120 22,856 131,478 September 79°6 3.02 September 24,400 20,423 151,902 Annual 83 36.17 83 56.90 TOTAL (gal)110,482 162,724 151,902 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2025-07 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% WATER-SEWER FUND Average Total Residential Water Consumption by Month FY2025 FY2024 Page 21 Page 38 Item 6. 67% 78% 106% 115% 81% 17% 0% 20% 40% 60% 80% 100% 120% 140% WATER SEWER FUND REVENUE YTD % OF ANNUAL BUDGET Page 22 Page 39 Item 6. $16,428,915 $11,096,491 $14,843,995 $8,654,581 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 23 Page 40 Item 6. $11,417,585 $5,154,723 $9,357,785 $4,236,135 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 24 Page 41 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 950,000$ -$ 950,000$ 820,440$ -$ 129,560$ 86%776,332$ 6% Drainage Review Fee 3,500 - 3,500 - - 3,500 0%3,150 -100% 45-4 Interest Income 8,000 - 8,000 7,878 - 122 98%10,750 -27% Other Revenue - - - - - - 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 961,500$ -$ 961,500$ 828,318$ -$ 133,182$ 86%790,232$ 5% EXPENDITURES Personnel Services 426,032$ (3,475)$ 422,557$ 337,782$ -$ 84,775$ 80%262,859$ 29% Debt Service 215,263 - 215,263 133,388 - 81,876 62%2 150,531 -11% 45-7 Operating Expenditures 49,117 3,475 52,592 20,521 882 31,188 41%33,768 -39% Capital 177,812 - 177,812 159,669 142 18,001 90%- 0% Transfers Out 107,996 - 107,996 181,663 - (73,667) 168%1 319,496 -43% Total Expenses 976,220$ -$ 976,220$ 833,023$ 1,024$ 142,173$ 85%766,654$ 9% REVENUE OVER (UNDER) EXPENDITURES (14,720)$ -$ (14,720)$ (4,705)$ 23,578$ Beginning Working Capital October 1 251,393 251,393 380,410 Ending Working Capital Current Month 236,673$ 246,688$ 403,988$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% STORMWATER DRAINAGE UTILITY FUND Page 25 Page 42 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 3,295,173$ -$ 3,295,173$ 3,058,069$ -$ 237,104$ 93%2,423,604$ 26% Interest Income 4,500 - 4,500 6,900 - (2,400) 153%5,614 23% Transfer In - - - - - -0%- 0% Total Revenues 3,299,673$ -$ 3,299,673$ 3,064,968$ -$ 234,705$ 93%2,429,219$ 26% EXPENDITURES Administration 96,753$ -$ 96,753$ 58,124$ 89$ 38,540$ 60%51,597$ 13% Sanitation Collection 2,830,789 - 2,830,789 2,365,484 - 465,305 84%2,028,227 17% Capital Expenditure - - - - - -0%1,933,413 -100% Debt Service 257,501 - 257,501 214,583 - 42,918 83%94,583 127% Transfer Out - - - - - -0%- 0% Total Expenses 3,185,043$ -$ 3,185,043$ 2,638,191$ 89$ 546,763$ 83%4,107,820$ -36% REVENUE OVER (UNDER) EXPENDITURES 114,630$ -$ 114,630$ 426,777$ (1,678,601)$ Beginning Working Capital October 1 120,426 120,426 5,985 Ending Working Capital 235,056$ 547,203$ (1,672,616)$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% SOLID WASTE FUND Page 26 Page 43 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 22,325 - 127,675 15%- 0% Interest Income 250,000 - 250,000 205,249 - 44,751 82%237,276 -13% Charges for Services 1,572,064 - 1,572,064 1,048,043 - 524,021 67%1,232,472 -15% Auction Proceeds - - - 107,500 - (107,500) 0%- 0% Total Revenue 1,972,064$ -$ 1,972,064$ 1,383,116$ -$ 588,948$ 70%1,469,748$ -6% EXPENDITURES Vehicle Replacement 1,866,493$ -$ 1,866,493$ 1,558,853$ 502,108$ (194,467)$ 110%236,659$ 559% Equipment Replacement 526,908 - 526,908 529,404 199,285 (201,782) 138%267,728 98% Technology Replacement 145,200 - 145,200 - - 145,200 0%53,925 -100% Total Expenditures 2,538,601$ -$ 2,538,601$ 2,088,257$ 701,393$ (251,049)$ 110%558,311$ 274% REVENUE OVER (UNDER) EXPENDITURES (566,537)$ -$ (566,537)$ (705,141)$ 911,436$ Beginning Fund Balance October 1 16,755,136 16,755,136 8,477,146 Ending Fund Balance Current Month 16,188,599$ 16,049,995$ 9,388,582$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% VEHICLE AND EQUIPMENT REPLACEMENT FUND Page 27 Page 44 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 5,142,517$ -$ 5,142,517$ 4,168,657$ -$ 973,860$ 81%3,752,161$ 11% Cobra and Stop Loss Reimbursements 300,000 - 300,000 778,179 - (478,179) 259%112,466 592% Interest Income 20,000 - 20,000 2,876 - 17,124 14%28,914 -90% Total Revenue 5,462,517$ -$ 5,462,517$ 4,949,711$ -$ 512,806$ 91%3,893,540$ 27% EXPENDITURES Contractual Services 176,000$ -$ 176,000$ 77,552$ -$ 98,448$ 44%116,011$ -33% Employee Health Insurance 5,196,948 - 5,196,948 6,465,417 - (1,268,469) 124%1 3,917,523 65% Total Expenditures 5,372,948$ -$ 5,372,948$ 6,542,969$ -$ (1,170,021)$ 122%4,033,533$ 62% REVENUE OVER (UNDER) EXPENDITURES 89,569$ -$ 89,569$ (1,593,258)$ (139,993)$ Beginning Fund Balance October 1 148,135 148,135 609,058 Ending Fund Balance Current Month 237,704$ (1,445,123)$ 469,065$ Notes 1 The Town has experienced several large claims TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 Expected Year to Date Percent 83.33% HEALTH INSURANCE FUND Page 28 Page 45 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants 2,378,000$ -$ 2,378,000$ -$ Property Taxes-Delinquent - - - - Property Taxes-Current 9,600,000 - 9,600,000 9,600,000 Taxes-Penalties - - - - Contributions/Interlocal Revenue - - - 1,025,300 Bond Proceeds 19,450,000 - 19,450,000 - Interest Income 3,000,000 - 3,000,000 2,999,651 Other Revenue - - - - Transfers In - Tree Mitigation - 500,000 500,000 500,000 Transfers In - Impact Fee Funds - 7,500,000 7,500,000 7,558,982 Transfers In - Escrows - 1,150,000 1,150,000 1,150,000 Transfers In - Park Dedication/Improvement - 1,580,050 1,580,050 1,580,050 Total Revenues 34,428,000$ 10,730,050$ 45,158,050$ 24,413,983$ EXPENDITURES Street & Traffic Projects Street Projects Frontier Parkway (BNSF Overpass)88,993$ -$ - 88,993$ 34,008$ 54,985$ -$ -$ -$ First St (DNT to Coleman)24,786,567 - (28,500) 24,758,067 260,163 214,380 24,283,524 3,148,264 21,163,760 Coit Rd (First-Frontier) 4 Lns 27,789,900 20,000,000 - 27,789,900 63,756 533,474 27,192,671 1,790,055 25,402,615 DNT Main Lane (US 380 - FM 428)7,671,186 5,114,124 - 7,671,186 2,557,062 - 5,114,124 - 5,114,124 Prosper Trail (Coit-Custer) 2 - - - - 10,625 - - - - Gee Road (First Street - Windsong)5,414,933 - (4,927,692) 487,242 - - 487,242 4,927,692 487,242 First Street (Elem-DNT) 4 Lanes 31,604,929 709,000 - 31,604,929 10,308,246 1,225,221 20,071,462 20,697,265 (625,803) First St (Coit-Custer) 4 Lanes 27,269,101 - (500,000) 26,769,101 856,437 17,000 25,895,665 25,515,599 880,066 Preston Road / First Street Dual Left Turns 900,000 - - 900,000 - 22,077 877,923 71,523 806,400 Craig Street (Preston-Fifth)750,000 300,000 - 750,000 235,307 54,443 460,251 381,053 79,198 Coleman (Gorgeous - Prosper Trail)1,500,000 - - 1,500,000 2,063,431 238,752 (802,183) 741,017 (1,543,200) Coleman (Prosper Trail - PHS)2,220,000 1,500,000 - 2,220,000 160 - 2,219,840 100 2,219,740 Legacy (Prairie - First Street)11,425,000 800,000 - 11,425,000 1,842,597 173,675 9,408,728 8,275,307 1,133,421 Teel Parkway (US 380 - First Street Rd) NB 2 Lanes 5,850,000 - - 5,850,000 1,137,243 16,169 4,696,587 4,896,723 (200,136) Parvin (FM 1385 - Legacy)500,000 - - 500,000 - - 500,000 500,000 - Street Impact Fee Analysis - - - - 7,881 51,101 (58,982) - (58,982) US 380 Deceleration Lanes - Denton County 500,000 - - 500,000 - - 500,000 43,600 456,400 Safety Way 800,000 - - 800,000 454,085 - 345,915 - 345,915 Gorgeous/McKinley 700,000 - - 700,000 - - 700,000 - 700,000 First Street (Coleman)2,500,000 2,000,000 - 2,500,000 - 95,409 2,404,591 468,049 1,936,542 Gee Road (US 380--FM 1385)3,900,000 1,700,000 - 3,900,000 430,174 308,347 3,161,479 975,019 2,186,460 Frontier (Legacy-DNT)300,000 - - 300,000 - - 300,000 300,000 - Star Trail, Phase 5: Street Repairs 1,450,000 - - 1,450,000 - 300,000 1,150,000 - 1,150,000 Prosper Trail (Coit - Custer) - 2 WB lanes 1,400,000 500,000 - 1,400,000 417,456 316,321 666,223 29,223 637,000 Windsong Parkway/US 380 Dual Left T 152,800 - - 152,800 58,819 12,275 81,706 12,400 69,306 Legacy Drive (Prosper Tr. to P)10,000 - - 10,000 167 - 9,833 9,833 Coleman St (First-Georgeous)660,000 - - 660,000 256,828 293,242 109,930 110,530 (600) Teel Parkway (First-Freeman)800,000 - - 800,000 332,648 474,093 (6,740) - (6,740) Legacy (First St. - Prosper Tr 200,000 200,000 - 200,000 - - 200,000 - 200,000 Legacy (First St. - Prosper Tr 550,000 550,000 - 550,000 - - 550,000 - 550,000 Prosper Trail (Legacy - DNT)1,200,000 1,200,000 - 1,200,000 138,431 842,569 219,000 - 219,000 Roundabout Peer Review and Tho 28,500 - - 28,500 24,038 4,463 - - - Prairie Dr Accelerated Opening 27,167 - - 27,167 27,166 - 1 - 1 West Gorgeous (McKinley-Coleman)230,000 - 230,000 46,192 176,804 7,004 - 7,004 Whitley Place Medians (1st St)15,000 - - 15,000 - - 15,000 - 15,000 Unprogrammed Future Projects 800,000 800,000 - 800,000 - - 800,000 - 800,000 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 CAPITAL PROJECTS FUND Page 29 Page 46 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 CAPITAL PROJECTS FUND Traffic Projects Fifth Street Quiet Zone 500,000 - - 500,000 - - 500,000 - 500,000 Traffic Signal - Fishtrap & Artesia Boulevard 525,000 460,000 - 525,000 21,194 275,042 228,764 32,350 196,414 Median Lighting US 380 (Mahard-Lovers)300,000 - - 300,000 - - 300,000 - 300,000 Traffic Signal - DNT/Frontier 281,500 - - 281,500 181,389 72,683 27,428 16,125 11,303 Traffic Signal - Teel Pkway & Prairie Drive 525,000 460,000 - 525,000 15,285 1,818 507,897 23,800 484,097 Traffic Signal Acacia Parkway/Gee R 503,480 - 146,874 650,354 590,989 28,705 30,660 38,339 (7,679) Traffic Signal First Street/Legacy 578,333 - - 578,333 52,800 921,886 (396,353) 16,133 (412,486) Opticom Repair/ Installation - - - - 75,597 6,960 (82,557) - (82,557) Gee/Lockwood Pedestrian Hybrid 259,200 - - 259,200 52,019 278,443 (71,263) 16,250 (87,513) First/Copper Canyon Pedestrian 259,200 - - 259,200 47,236 257,167 (45,204) 16,250 (61,454) First/Chaucer Pedestrian Hybri 259,200 - - 259,200 45,027 244,697 (30,524) 16,250 (46,774) Tr. Signal (Denton-Fishtrap)349,500 - 40,928 390,428 317,358 17,906 55,164 38,000 (23,764) Traffic Improvement Projects 1,500,000 1,500,000 (187,802) 1,312,198 - - 1,312,198 - 1,500,000 Traffic Signal Comunications Program Ph 2 495,000 495,000 - 495,000 - - 495,000 - 495,000 Traffic Signal - Legacy & Prai 525,000 525,000 - 525,000 - - 525,000 - 525,000 School Zone Flashers - - - - 140,544 - (140,544) - (140,544) Traffic Equipment - - - - 15,928 - (15,928) - (15,928) Capital Expenditures - - - - - - - - - Total Street & Traffic Projects 170,854,490$ 38,813,124$ (5,456,192)$ 165,398,298$ 23,118,283$ 7,530,108$ 134,760,532$ 73,096,915$ 67,266,683$ Park Projects Neighborhood Park Windsong Park #3 750,000$ -$ -$ 750,000$ -$ -$ 750,000$ -$ 750,000$ Lakewood Preserve, Phase 2 5,587,255 485,000 - 5,587,255 737,412 137,430 4,712,413 4,577,929 134,484 Downtown Park (Broadway/ Parvin)1,158,240 750,000 - 1,158,240 47,745 14,540 1,095,955 43,415 1,052,540 Pecan Grove Park, Trail - Grant Matching 248,798 248,798 - 248,798 169,738 - 79,061 - 79,061 Playground Shade Structures (Various)160,000 160,000 - 160,000 155,732 3,191 1,077 - 1,077 Whitley Place Meadow Park - Grant Matching 218,130 218,130 - 218,130 - - 218,130 - 218,130 Trails Doe Branch Trail Connections 2,184,000 500,000 - 2,184,000 41,879 119,798 2,022,323 75,582 1,946,741 Various Hike and Bike Trails 580,680 - - 580,680 - - 580,680 - 580,680 Downtown Improvements Downtown Improvements 1,553,389 1,000,000 (319,806) 1,233,583 174,940 29,818 1,028,826 8,508 1,020,318 Downtown Monumentation 66,500 - - 66,500 93,821 4,769 (32,090) 66,110 (98,200) Prosper Parking Lot and Alley Improvements 122,500 - - 122,500 26,100 24,200 72,200 - 72,200 Broadway/ Town Hall Connection 221,106 - 221,106 221,106 214,105 7,000 - 221,106 Downtown Lighted Bollards 98,700 - 98,700 98,700 98,700 - - 98,700 Community Park Raymond Community Park 21,900,000 2,100,000 - 21,900,000 6,051,469 8,204,263 7,644,268 8,245,363 (601,095) Raymond Community Park - Trail/ Bridge Grant 848,122 848,122 - 848,122 - 916,535 (68,413) - (68,413) Froniter Park Pond Repairs 473,000 - - 473,000 420,123 33,768 19,109 - 19,109 Frontier Park Concrete Repairs 120,000 120,000 - 120,000 - - 120,000 - 120,000 Parks & Rec Admin Facility Parking Lot Paving 80,000 80,000 - 80,000 9,324 59,064 11,612 - 11,612 Doe Branch Property Masterplan 140,000 140,000 - 140,000 46,950 87,650 5,400 - 5,400 Doe Branch Property - Six Creek Crossings 650,000 650,000 - 650,000 - - 650,000 - 650,000 Median/ Landscape Screening US 380 Green Ribbon Project 2,295,000 - - 2,295,000 479,149 1,340,283 475,567 - 475,567 Prosper Trail Screening (Preston - Deer Run)750,000 - - 750,000 121,654 380,582 247,764 46,326 201,439 Parks, Recreation, & Open Space Master Plan 140,000 - - 140,000 40,384 - 99,616 92,323 7,293 Unprogrammed Future Projects 800,000 800,000 - 800,000 - - 800,000 - 800,000 Total Park Projects 41,145,420$ 8,100,050$ -$ 40,825,614$ 8,929,224$ 11,362,891$ 20,533,499$ 13,155,556$ 7,697,749$ Page 30 Page 47 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 CAPITAL PROJECTS FUND Facility Projects Public Safety Fire Station #4 - Design 965,855$ -$ -$ 965,855$ 127,543$ 144,845$ 693,466$ 693,467$ (0)$ Fire Station #4 - Other Costs 708,250 700,000 - 708,250 69,237 44,740 594,273 8,250 586,023 Fire Station #4 - Construction 11,225,000 1,025,000 - 11,225,000 4,519,438 6,942,963 (237,401) - (237,401) Fire Station #4 - FF&E 775,000 775,000 - 775,000 - 40,026 734,974 - 734,974 Public Safety Fiber Ring 1,000,000 1,000,000 - 1,000,000 - 76,621 923,380 - 923,380 Fire Station #3 - Upgrades and Repairs 190,000 190,000 - 190,000 200,150 - (10,150) - (10,150) PD Needs Assessment 78,500 - - 78,500 60,635 17,865 - - - PD Station Improvements 366,235 - - 366,235 14,370 - 351,865 351,865 (0) Unprogrammed Future Projects 592,935 592,935 - 592,935 - - 592,935 - 592,935 Public Safety Equipment Fire Station #4 - Engine 1,250,000 - - 1,250,000 - - 1,250,000 1,246,481 3,519 Fire Station #4 - Ambulance 552,000 - - 552,000 416,316 - 135,684 135,283 401 Central Fire - Ambulance 495,000 - - 495,000 32,497 - 462,503 461,427 1,076 PD Car Camera and Body worn Camera System 387,225 - - 387,225 - - 387,225 16,900 370,325 Parks, Public Works, Town Hall Parks and Public Works 5,802,938 2,352,938 - 5,802,938 519,634 2,429,285 2,854,019 120,521 2,733,498 Library Master Plan 130,000 - - 130,000 62,538 13,989 53,474 53,474 - Finish Out Interior Spaces Town Hall 650,000 - - 650,000 53,331 - 596,669 366,394 230,275 Town Hall Repairs - Parking Lot, Steps, Fountain 273,000 273,000 - 273,000 48,534 5,000 219,466 - 219,466 Public Works Modular Buildings 712,224 712,224 641,002 71,222 - - - Total Facility Projects 26,154,162$ 6,908,873$ -$ 26,154,162$ 6,765,226$ 9,786,556$ 9,602,381$ 3,454,063$ 6,148,318$ Transfer Out - - - - (0) - - - - Total Expenditures 238,154,072$ 53,822,047$ (5,456,192)$ 232,378,074$ 38,812,732$ 28,679,554$ 164,896,412$ 89,706,534$ 81,112,750$ REVENUE OVER (UNDER) EXPENDITURES (187,220,024)$ (14,398,750)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 79,149,405 79,149,405 Ending Fund Balance (Restricted for Capital Projects) Current Month (108,070,619)$ 64,750,655$ Page 31 Page 48 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income 800,000$ -$ 800,000$ 1,305,280$ Bond Proceeds 33,896,633 - 33,896,633 - Grant Revenue 214,081 - 214,081 - Capital Contributions Transfers In - - - 225,294 Transfers In - ARPA Funds - - - - Transfers In - Impact Fee Funds 5,531,622 - 5,531,622 5,546,241 Transfers In - Drainage Fund 50,000 - 50,000 50,000 Transfers In - Bond Funds - - - - Total Revenues 40,442,336$ -$ 40,442,336$ 7,126,815$ EXPENDITURES Water Projects Lower Pressure Plane Pump Station Design 18,931,100$ -$ -$ -$ 1,525,252$ 341,021$ (1,866,273)$ 16,599,784$ 465,044$ LPP Water Line Phase, 2A 9,000,000 - - - 5,754,681 61,380 (5,816,061) 2,164,870 1,019,068 Water Line Relocation Frontier 6,900,000 3,500,000 - 3,500,000 434,059 4,686,731 (1,620,790) 490,232 1,288,978 Parks & Public Works, Phase 1 5,600,000 5,000,000 - 5,000,000 259,461 689,580 4,050,959 59,889 4,591,070 Ground Storage 6 MG Tank 8,100,000 2,560,993 - 2,560,993 312,358 264,890 1,983,746 22,333 7,500,420 DNT (Prosper Trail - Frontier Parkw - - - -3,585 28,103 (31,688) - (31,688) Water Impact Fee Analysis - - - -7,170 139 (7,309) - (7,309) DNT Water Line Relocation - - - -25,127 11,893 (37,019) - (37,019) Craig Street 2 MG EST Rehabilitation 460,000 460,000 - 460,000 - 368,950 91,050 - 91,050 Unprogrammed Future Water/Wastewater 286,463 286,463 - 286,463 - -286,463 - 286,463 Wastewater Projects Doe Branch Parallel Interceptor 16,253,327 8,853,327 - 8,853,327 3,750,000 - 5,103,327 - 12,503,327 Upper Doe Branch WW Line (Teel-PISD Stadium)8,025,000 3,000,000 - 3,000,000 2,275,696 4,425,894 (3,701,591) 675,836 647,573 Doe Branch, Phase 3 WWTP 104,946,277 49,946,277 - 49,946,277 27,500,000 38,180 22,408,097 6,102,367 71,305,730 Wilson Creek WW Line 400,000 - - - 290,328 10,035 (300,362) 8,841 90,796 Denton ISD WW Line Reimbursement 531,622 531,622 - 531,622 - - 531,622 - 531,622 Sewer Impact Fee Analysis - - - -7,170 139 (7,309) - (7,309) Total Water & Wastewater Projects 179,433,789$ 74,138,682$ -$ 74,138,682$ 42,144,887$ 10,926,935$ 21,066,860$ 26,124,152$ 100,237,816$ Drainage Projects Doe Branch Creek Erosion Control 225,000$ -$ -$ -$ 183,560$ 14,472$ (198,032)$ -$ 26,968$ Old Town Regional Pond #2 98,386 50,000 - 50,000 - 231 49,769 48,092 50,063 Total Drainage Projects 323,386$ 50,000$ -$ 50,000$ 183,560$ 14,703$ (148,263)$ 48,092$ 77,031$ Transfer out - - - - - - - - Total Expenses 179,757,175$ 74,188,682$ -$ 74,188,682$ 42,328,447$ 10,941,638$ 20,918,597$ 26,172,244$ 100,314,847$ REVENUE OVER (UNDER) EXPENDITURES (33,746,346)$ (35,201,632)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 95,644,027 95,644,027 Ending Fund Balance (Restricted for Capital Projects) Current Month 61,897,681$ 60,442,395$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2025 CAPITAL PROJECTS FUND-WATER/SEWER Page 32 Page 49 Item 6. Page 1 of 2 To: Mayor and Town Council From: Terrence S. Welch, Town Attorney Through: Mario Canizares, Town Manager Re: Atmos Rate Review Mechanism Filing Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution approving a Negotiated Settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s 2023 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the rates to be set by the attached Settlement Tariffs to be reasonable and in the public interest; and approving an attachment establishing a benchmark for pensions and retiree medical benefits. Description of Agenda Item: The Town, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2025, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2024, entitled it to additional system-wide revenues of $245.2 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $225.6 million, $163.5 million of which would be applicable to ACSC members. After reviewing the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $185.6 million instead of the claimed $245.2 million. After several settlement meetings, the parties have agreed to settle the case for $205.6 million. This is a reduction of $20 million to the Company’s initial request. This includes payment of ACSC’s expenses. The Effective Date for new rates is October 1, 2025. TOWN ATTORNEY Page 50 Item 7. Page 2 of 2 Atmos generated rate tariffs attached to the Resolution will generate $205.6 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. The impact of the settlement on average residential rates is an increase of $7.83 on a monthly basis, or 9.27%. The increase for average commercial usage will be $25.73 or 6.56%. Atmos provided bill impact comparisons containing these figures. 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 & Attachments Town Staff Recommendation: Town Staff recommend that the Town Council approve a Resolution approving a Negotiated Settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid- Tex Division regarding the Company’s 2023 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the rates to be set by the attached Settlement Tariffs to be reasonable and in the public interest; and approving an attachment establishing a benchmark for pensions and retiree medical benefits. Proposed Motion: I move to approve a Resolution approving a Negotiated Settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s 2023 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the rates to be set by the attached Settlement Tariffs to be reasonable and in the public interest; and approving an attachment establishing a benchmark for pensions and retiree medical benefits. Page 51 Item 7. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2025 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the Town of Prosper, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in 2018; and WHEREAS, on or about April 1, 2025, Atmos Mid-Tex filed its 2025 RRM rate request with ACSC Cities based on a test year ending December 31, 2024; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2025 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $205.6 million on a system-wide basis with an Effective Date of October 1, 2025; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and Page 52 Item 7. Resolution No. 2025-xx, Page 2 WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 That the findings set forth in this Resolution are hereby in all things approved. SECTION 2 That, without prejudice to future litigation of any issue identified by ACSC, the Town Council finds that the settled amount of an increase in revenues of $205.6 million on a system- wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2025 RRM filing, is in the public interest, and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities Code. SECTION 3 That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. SECTION 4 That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $205.6 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. SECTION 5 That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid- Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Page 53 Item 7. Resolution No. 2025-xx, Page 3 SECTION 6 That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2025 RRM filing. SECTION 7 That to the extent any resolution or ordinance previously adopted by the Town Council is inconsistent with this Resolution, it is hereby repealed. SECTION 8 That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9 That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. SECTION 10 That consistent with the Town Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2025. SECTION 11 That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 26TH DAY OF AUGUST, 2025. ___________________________________ David F. Bristol, Mayor ATTEST: _____ Michelle Lewis Sirianni, Town Secretary Page 54 Item 7. Resolution No. 2025-xx, Page 4 APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Page 55 Item 7. Resolution No. 2025-xx, Page 5 ATTACHMENT 1 Page 56 Item 7. Resolution No. 2025-xx, Page 6 ATTACHMENT 2 Page 57 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 23.65 per month Rider CEE Surcharge $ 0.03 per month 1 Total Customer Charge $ 23.68 per month Commodity Charge – All Ccf $ 0.74748 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2025. Page 58 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 94.00 per month Rider CEE Surcharge $ 0.01 per month 1 Total Customer Charge $ 94.01 per month Commodity Charge – All Ccf $ 0.22261 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2025. Page 59 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,848.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.7678 per MMBtu Next 3,500 MMBtu $ 0.5623 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1206 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 60 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. Page 61 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. This tariff is not available to customers with a maximum daily demand of 1,000 MMBtu or greater and a daily/annual load factor of 10% or less. Load factor is calculated as follows: annual usage / (maximum daily connected demand X 365). Load factors will be recalculated once each year to determine appropriate eligibility for Rate T. Type of Service Company’s receipt and delivery of all gas quantities under the applicable Transportation Agreement will be on a wholly interruptible basis subject to the Terms and Conditions incorporated in the Transportation Agreement. If Customer is an Industrial Customer, then Customer may elect, at the reasonable discretion of Company, to contract for Plant Protection transportation quantities defined as the minimum natural gas required to prevent physical harm and/or protect critical safety to the plant facilities, plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel. Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,848.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.7678 per MMBtu Next 3,500 MMBtu $ 0.5623 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1206 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Page 62 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Overpull Fee Upon notification by Company of an event of interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 63 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR – SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Application This Rider is applicable to customer classes in the incorporated areas under the RRM tariff as authorized by the state or any governmental entity, a municipality, or a regulatory authority pursuant to any statute, ordinance, order, rule, contract, or agreement. Monthly Calculation Surcharges will be calculated in accordance with the applicable statute, ordinance, order, rule, contract, or agreement. FASB ASC 740-10 (Fin48) Refund Applicable to Customers taking service under Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation. To ensure that gas utility customers receive the benefit associated with the changes in the Company’s Uncertain Tax Positions (“UTPs”) arising from recognition of Texas Margin Tax returns. The decrease shall be calculated as follows: Beginning with implementation of rates from the negotiated RRM Tariff, and annually thereafter, the portion of UTP liabilities identified in Schedule FIN48-1.1 for the prior fiscal year shall be allocated based on the final class allocations of GUD No. 10170 as per the RRM Tariff, divided by the annual bill count to derive rates to be refunded through Rider SUR in the subsequent fiscal year. Each year’s calculation will include a true-up (+ or - ) due to account for over/under collections. Amounts identified in Schedule FIN48-1 shall be adjusted to reflect any audit adjustments received from the Texas Comptroller of Public Accounts. No action on the part of the Regulatory Authority is required to give effect to the amount to be refunded to customers. However, any amount refunded to customers shall be fully subject to review for reasonableness and accuracy in the gas utility’s next statement of intent proceeding with the Railroad Commission of Texas, and if applicable, the gas utility shall be required to reconcile any discrepancies. The following refund as authorized in the most recent negotiated RRM Tariff shall be refunded to each Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation customer’s monthly bill in each month for a 12-month period. The refund amount by month by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R – Residential Sales $ (0.12) Rate C – Commercial Sales $ (0.41) Rate I – Industrial Sales $ (8.68) Rate T – Transportation $ (8.68) Page 64 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: TAX – TAX ADJUSTMENT APPLICABLE TO: Entire Division as Set Forth Below EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 PAGE: Application Applicable to Customers taking service under Rate R, Rate C, Rate I, and Rate T, except for exempt State Agency Customers, to the extent of state gross receipts taxes only. 1. State Gross Receipts Taxes Applicability - Entire Division except for Unincorporated Areas Each monthly bill shall be adjusted for Miscellaneous state gross receipts taxes imposed by Sections 182-021 - 182-025 of the Texas Tax Code. Entire Division Each monthly bill shall also be adjusted by an amount equivalent to the amount of all applicable taxes and any other governmental impositions, rentals, fees, or charges (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed, or imposed upon or allocated to Company with respect to the Gas Service provided to Customer by Company, and any associated facilities involved in the performance of such Gas Service. Each monthly bill shall also be adjusted by an amount equivalent to the proportionate part of any increase or decrease of any tax and any other governmental imposition, rental, fee, or charge (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed, or imposed subsequent to the effective date of this tariff, upon or allocated to Company's operations, by any new or amended law, ordinance, or contract. 2. Federal or State Tax Law or Rate Changes: Applicability – All Customers in the Mid-Tex Division (“MTX”) Under the RRM Tariff Applicable to Customers taking service under Rate R, Rate C, Rate I, and Rate T. To ensure that gas utility customers receive the benefits or costs associated with the changes in tax rates at a federal or state level, MTX shall establish and accrue on its books and records, as of the effective date of the federal or state tax law or rate change: 1) regulatory liabilities to reflect the impact of a decrease in federal corporate income tax rates or state margin tax rates; or, 2) regulatory assets to reflect the impact of an increase in federal corporate income tax rates or state margin tax rates. The gas utility may not change rates to give effect to a change in Federal or State Tax law or rates through the Rider TAX unless and until the city issues final authorization, an Accounting Order, or other express guidance authorizing such recovery through the RRM process. Company may also not change rates to capture the impacts associated with the effects of Public Law 117-169, 136 STAT. 1818 of August 16, 2022 (“Tax Act 2022”) and certain other tax-related costs that will change from the amounts included in the most recent base revenue requirement established through an RRM filing unless and until the city issues a final authorization, an Accounting Order, or other express guidance authorizing such recovery. Upon receipt of authorization from the city through an Accounting Order, final authorization or other express guidance, the calculation applicable to the aforementioned federal or state tax rate or law changes are as follows; however, to the extent there is a conflict between the calculation or methodology Page 65 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: TAX – TAX ADJUSTMENT APPLICABLE TO: Entire Division as Set Forth Below EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 PAGE: prescribed by an Accounting Order, final authorization, or other express guidance, and those contained in this rate schedule, the Accounting Order, final authorization, or other express guidance controls: Calculations 1. With regard to changes in the tax rates at a federal or state level, the increase or decrease shall be calculated as follows: a. A portion of the gas utility’s revenue representing the difference between: 1) the cost of service as approved by the Commission or the applicable regulatory authority in the gas utility’s most recent statement of intent or other rate proceeding, and 2) the cost of service that would have resulted had the rates been based on the new federal income tax rate (increase or decrease) or state margin taxes (increase or decrease), as of the effective date of the change; b. If applicable, the portion of the gas utility’s revenue representing the difference between: 1) each Interim Rate Adjustment surcharge approved by the regulatory authority since the gas utility’s most recent statement of intent or other rate proceeding, and 2) each Interim Rate Adjustment surcharge that would have resulted had the surcharges been based on the new federal income tax rate (increase or decrease) or state margin taxes (increase or decrease), as of the effective date of the change; and c. The excess or deficient deferred tax reserve, including any associated gross up in taxes, caused by the reduction or increase in the federal corporate income tax rate or state related tax increases, as of the effective date of the change. Upon the receipt of authorization from the Commission or applicable regulatory authority, the gas utility shall separately refund to customers based on a decrease in federal or state tax rates or separately collect from customers based on an increase in federal or state tax rates within twelve (12) months or, pursuant to applicable Internal Revenue Code (“IRC”) rules and regulations, as follows: d. The amount collected/refunded by the gas utility that reflects the difference in base rates between: 1) the cost of service approved by the regulatory authority in the gas utility’s most recent statement of intent rate proceeding, and 2) the cost of service that would have resulted had the rates been based upon the new federal or state tax rates, between the effective date of this order and the effective date of the changes. e. If applicable, the amount collected/refunded by the gas utility that reflects the difference between: 1) each Interim Rate Adjustment surcharge approved by the Commission or the regulatory authority since the gas utility’s most recent statement of intent rate proceeding, and 2) each Interim Rate Adjustment surcharge that would have resulted had the rates been based upon the new federal or state tax rates, between the effective date of this order and the effective date of the changes. f. The amount collected/refunded by the gas utility that reflects the difference in the excess or deficient deferred tax reserve included in base rates between: 1) the cost of service approved by the Commission or the regulatory authority in the gas utility’s most recent statement of intent rate proceeding, and 2) the cost of service that would have resulted had the rates been based upon the new federal or state tax rates, between the effective date of this order and the effective date of the changes. These amounts shall be refunded or collected from customers based upon IRC rules and regulations if applicable. Page 66 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: TAX – TAX ADJUSTMENT APPLICABLE TO: Entire Division as Set Forth Below EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 PAGE: 2. With regard to the Tax Act 2022 and certain other tax-related costs that will change from the amounts included in the base revenue requirement established through an RRM filing, any change in rates shall be calculated as follows: (a) The amount shall be calculated as the product of Company’s grossed-up rate of return authorized in the cost of service as approved by the Commission or the applicable regulatory authority in the gas utility’s most recent statement of intent or other rate proceeding times the Corporate Alternative Minimum Tax deferred tax asset (“CAMT DTA") estimated at September 30 of the fiscal year or applicable quarter-end within a fiscal year prior to the annual change in the rates pursuant to this tariff, less the income tax credits received in accordance with IRC requirements applicable to the Tax Act 2022 grossed-up for income taxes to a revenue equivalent. (b) The estimated CAMT DTA and the related effects on the rider revenue requirements shall be trued up to the actual effects in the following year and the over/under recovery amortized over the twelve months that each year’s recalculated tariff rates are in effect. The over/under recovery shall include a grossed-up rate of return as authorized in Company’s most recent statement of intent or other rate proceeding. (c) The methodology for computing Company's CAMT is as follows: i. Confirm when Atmos Energy Corporation and its affiliates are subject to CAMT as an “applicable corporation” as defined the Tax Act 2022, then there will be MTX’s CAMT DTA in the tariff. ii. Calculate the Mid-Tex Division’s (MTX) contribution to Adjusted Financial Statement Income (“AFSI”) on a stand-alone basis. MTX’s AFSI is calculated by adjusting MTX’s applicable financial statement income by adjustments to depreciation, pension costs and federal income tax to arrive at AFSI. AFSI is intended to be computed consistent with applicable IRC requirements. iii. Compare MTX’s CAMT stand-alone amount with MTX’s regular stand-alone tax liability. If the stand alone CAMT is in excess of the stand-alone regular tax, the CAMT DTA is recorded to MTX. If the Internal Revenue Service issues new guidance related to the Tax Act 2022, Company shall have the right to make additional filings to recognize such adjustments. Any Commission filing made to give effect to Federal or State Tax Law or Rate Changes shall be filed within 12-months following the enactment of a tax rate change with the Commission’s Oversight and Safety Division or as part of a Statement of Intent. Any city filing made to give effect to Federal or State Tax Law or Rate Changes shall be filed within 12- months following the enactment of a tax rate change and addressed to the city official at the address of record with the Mid-Tex Division. With the exception of the authorization required from the Commission to allow the gas utility to recognize the new federal income tax rate (increase or decrease) or state taxes (increase or decrease) or the impacts associated with the effects of the Tax Act 2022 and certain other tax-related costs that will change from the amounts included in the base revenue requirement in the last approved RRM Tariff filing, no action on the part of the regulatory authority is required to give effect to the amount to be refunded or Page 67 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: TAX – TAX ADJUSTMENT APPLICABLE TO: Entire Division as Set Forth Below EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 PAGE: collected from customers. However, any amount refunded or collected from customers shall be fully subject to review for reasonableness and accuracy in the gas utility’s next statement of intent proceeding, and if applicable, the gas utility shall be required to reconcile any discrepancies. Regulatory orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). Rate changes subject to the provisions of this tariff may be implemented upon the filing of an appeal to the relevant authority. Page 68 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Page 69 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2025 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.61 0.1476 91.65 0.7406 Austin 8.19 0.1394 183.99 1.1581 Dallas 12.74 0.2017 193.53 1.1001 Waco 9.23 0.1277 148.26 0.7631 Wichita Falls 10.43 0.1387 122.94 0.7038 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at www.atmosenergy.com/MTXtariffs, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Page 70 Item 7. Line No.Description Pension Account Plan Post- Employment Benefit Plan Pension Account Plan Post- Employment Benefit Plan Supplemental Executive Benefit Plan Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Proposed Benefits Benchmark - Fiscal Year 2025 Willis Towers Watson Report as adjusted 572,372$ (649,253)$ 882,931$ (3,920,499)$ 65,943$ 2 Allocation Factor 46.27%46.27%84.14%84.14%100.00% 3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)264,856$ (300,432)$ 742,888$ (3,298,664)$ 65,943$ 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4)264,856$ (300,432)$ 742,888$ (3,298,664)$ 65,943$ (2,525,408)$ 6 7 O&M Expense Factor 76.41%76.41%39.54%39.54%10.97% 8 9 Summary of Costs to Approve: 10 Total Pension Account Plan 202,374$ 293,727$ 496,101$ 11 Total Post-Employment Benefit Plan (229,557)$ (1,304,242)$ (1,533,799) 12 Total Supplemental Executive Benefit Plan 7,231$ 7,231 13 Total (Ln 10 + Ln 11 + Ln 12)202,374$ (229,557)$ 293,727$ (1,304,242)$ 7,231$ (1,030,467)$ ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2024 Shared Services Mid-Tex Direct Page 71 Item 7. Page 1 of 2 To: Mayor and Town Council From: Terrence S. Welch, Town Attorney Through: Mario Canizares, Town Manager Re: Suspending CoServ Ltd.’s Requested GRIP Rate Adjustments Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution suspending a requested GRIP rate increase from CoServ Gas, Ltd. Description of Agenda Item: On July 18, 2025, CoServ Gas, Ltd. (“CoServ”), pursuant to Chapter 104 of the Gas Utility Regulatory Act, found in the Texas Utilities Code, proposed to implement interim adjustments under the Gas Reliability Infrastructure Program (GRIP) because of investments that CoServ Gas allegedly made in calendar year 2024. The rates charged by CoServ are regulated and set by the individual cities within the system and the Pipeline System is regulated exclusively by the Railroad Commission of Texas (RRC). By suspending the proposed rate increase, the Town will be allowed an indefinite time period to reasonably review CoServ’s data and take appropriate action. Otherwise, the GRIP Rate adjustments will be effective September 17, 2025. 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 Resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: The Town Attorney recommend that the Town Council approve a Resolution suspending a requested GRIP rate increase from CoServ Gas, Ltd. TOWN ATTORNEY Page 72 Item 8. Page 2 of 2 Proposed Motion: I move to approve a Resolution suspending a requested GRIP rate increase from CoServ Gas, Ltd. Page 73 Item 8. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, SUSPENDING THE SEPTEMBER 1, 2023, EFFECTIVE DATE OF THE PROPOSAL BY COSERV GAS, LTD. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2024 AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”), is a gas utility customer of CoServ Gas, Ltd. (“CoServ” or “the Company”), and a regulatory authority with an interest in the rates and charges of CoServ; and WHEREAS, CoServ made filings with the Town and the Railroad Commission of Texas (“Railroad Commission”) on July 18, 2025, proposing to implement interim rate adjustments (“GRIP Rate Increases”), pursuant to Texas Utilities Code § 104.301, on all customers served by CoServ, effective September 17, 2025; and WHEREAS, it is incumbent upon the Town, as a regulatory authority, to examine the GRIP Rate Increases to determine its compliance with the Texas Utilities Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct legislative determinations of the Town of Prosper, Texas, and are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The September 17, 2025, effective date of the GRIP Rate Increases proposed by CoServ is hereby suspended for the maximum period allowed by Texas Utilities Code § 104.301(a) to permit adequate time to review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. SECTION 3 A copy of this Resolution shall be sent to CoServ, care of Brent Bishop at 7701 South Stemmons, Corinth, Texas 76210-1842, and to Thomas L. Brocato, legal counsel to the Town, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. SECTION 4 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2025. Page 74 Item 8. Resolution No. 2025-xx, Page 2 ___________________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 75 Item 8. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of I.T. Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Contract for I.T. Department Remodel Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing expenditures with SDB Contracting Services for remodeling services and ODP Business Solutions for furniture additions to the Town Hall I.T. Department for $260,642. Description of Agenda Item: During the budget review, the Town Council approved funding for interior renovations to Town Hall. These improvements include completing the unfinished space on the third floor near the Mayor’s office, which was previously used for storage, as well as a comprehensive renovation of the current I.T. Department. The purpose of these projects is to create additional and more efficient workspaces to accommodate the growing number of staff, some of whom are currently officing in a hallway, and others who office with other departments. The renovations will include remodeling and additional furniture, aimed at optimizing the use of space and enhancing functionality, operational efficiency, and staff productivity. Upon completion, these improvements will bring the I.T. office space up to Town Hall standards and provide dedicated workspace for all current positions and two future positions, as outlined in the department’s five-year strategic staffing plan. Budget Impact: This project will be charged to Account FC-2023-30-CONST-CONST. The project expenditures include $127,469 allocated to ODP Business Solutions for furniture procurement and installation, via Omnia contract R240112, and $133,173 for remodeling services provided by SDB Contracting Services via BuyBoard, bringing the total expenditure to $260,642. Attached Documents: 1. SDB Contracting Services Proposal 2. ODP Business Solutions Workspace Interiors Proposal Information Technology Page 76 Item 9. Page 2 of 2 Town Staff Recommendation: Town staff recommend that the Town Council authorize expenditures with SDB Contracting Services for remodeling services and ODP Business Solutions for furniture additions to the Town Hall I.T. Department for $260,642. Proposed Motion: I move to authorize the Town Manager to authorize expenditures with SDB Contracting Services for remodeling services and ODP Business Solutions for furniture additions to the Town Hall I.T. Department for $260,642. Page 77 Item 9. SDB, Inc. 8131 Lyndon B Johnson Fwy. #785 Dallas, TX 75251 (469) 619-3753 CUSTOMER:City of Prosper BID DATE:7/16/2025 ADDRESS:250 W. 1st St. PROPOSAL NO.:25-65-0036 Prosper, TX. 75078 PROPOSAL TYPE.:BuyBoard JOB DESC.:IT Office Remodel Rev#1 CONTACT:Joey Stinson We are pleased to propose the following pricing thru BuyBoard contract #728-24: Pricing includes all labor, materials, and equipment. Scope Of Work Furnish and Install New ACT Ceiling 4x4, in Lieu of Existing Gyp. Ceiling. Furnish and Install Chair to Match Existing in Hallway Furnish and Install Wood Base to Match Existing in Hallway Install Owner Provided Carpet in Two New Office and what Previously was IT Room Furnish and Install Rubber Cove Base to Match Existing Tape, Bed, Texture and Paint All New Walls. Where Existing Walls are being removed, Corner to Corner will need to be painted. Paint All IT Office Space. New Color TBD. Cap Existing Mechanical Ducts in Existing IT Room. Furnish and Install (2) New Air Devices, (Grills) Adjust Light Fixtures for New Ceiling Layout Furnish and Install (2) New Switches Furnish and Install (4) Dedicated circuits to furniture. Run (52) Plenum Rated CAT 6 Drops - Provide and Terminate Keystone/RJ45 Jacks Relocate (5) Concealed Fire Sprinklers Relocate (1) Fire Alarm Device SUB TOTAL 124,803.01$ Paint Alt Included 4,774.00$ P&P Bonds 3,595.15$ TOTAL 133,172.15$ 1) 2) 3) 4) 5) 6)No New Asbestos Survey Needed, City of Prosper had Affidavit on File. 1) 2) 3) 4) 5) 6) No Work to WAP, Card Readers, Cameras, Security System 7)No Additional Drawings for Permitting 8)No Roof Work 9) Thank you, SDB, Inc.Accepted by: City of Prosper Prepared by Reviewed by Andres Puente - Project Manager Austin Schmidt Unforeseen schedule setbacks Permits, Design, Engineering, Taxes Premium time unless otherwise indicated JOC PROPOSAL No New Millwork EXCLUSIONS Day Time work, During Normal Business Hours - Monday - Friday 7 A.M.-5 P.M. IT Rack Relocation by Owner CLARIFICATIONS Furniture Moving by Owner New Furniture to be Owner Furnished and Owner Installed Expediting material is not included Demo Existing Gyp Ceiling in IT Room Demo Existing Walls for IT Room Demo Existing Demising Wall Demo Existing LVT Demo Existing Millwork Furnish and Install (2) Left Handed Doors and Frames with Side Lite Frame and Drywall New IT Manager Office - Approx. 12'x12' Layout to be Confirmed. Framing and Drywall to be 3" above Ceiling Furnish and Install (1) Left Handed Frame with Side Lite Furnish and Install Glazing for (3) New Side Lite Frame and Drywall New GIS Manager Office - Approx. 12'x12' Layout to be Confirmed. Framing and Drywall to be 3" above Ceiling Excludes any and all cost increases resulting from tariffs that are not currently in effect at the time of bid submission. Furnish and Install (14) Duplex Outlets. Pricing Based on Plans Agreed Upon Through Email on 07/07/2025 by Robert Cook. SDB CONFIDENTIAL Rev. April 2025 Bid Proposal 7/16/2025 Page 78 Item 9. Quote #: 642424 Date: 7/10/2025 Brenda Reber 972-804-4808 brenda.reber@odpbusiness.com TD 642424 TOWN OF PROSPER - IT DEPT REMODEL SOLD TO: SHIP TO: TOWN OF PROSPER TOWN OF PROSPER CITY HALL 50 W 1st ST PROSPER TX 75078 LEIGH JOHNSON 972-346-2640NOTES: Pricing in this proposal is based on current market condiƟons and may change due to tariff adjustments or government fees. Any increases before order invoice could adjust the ﬁnal pricing. OMNIA REGION 4 - CONTRACT R240112 LINE QTY PRODUCT UNIT SELL EXT SELL GIS MANAGER 128335T $478.50 $957.00 MAYNE, Armchair, Upholstered Back & Seat, Wood Frame, Std 4 Legged Wood Frame, Does not Stack, GLOBAL SEATING USA Tex Ɵle {10|04} Grade 01 TexƟle {GR} Carrera (Global) {FR} Frame Finish {20} Commercial or GSA Offering ~01 ~CAER CE90 MM ~STD Grade 01 Carrera (Global) 1-Flannel F-Medium Walnut, Wood Frame MWM Commercial Furniture Offering 21ZMPBF22 $559.85 $559.85 22.6"d x 16"w x 22"h, Pedestals, Mobile w/Overhang w/Box/File Drawers, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Base Finish {50} Base Finish - {F2} Handle Type Handle Type {80} Lock Finish {89} Keys{40} Commercial GSA Offering HP ~ZTOP WHE ~ZBSE WHE ~ HR BK K-410 ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE Zira Chassis Finish 2-Walnut Heights WHE Handle OpƟon M-Bar Handle - Black M-Black Lock BLK C-Keyed for Lock #410 Non-GSA (Commercial Furniture Offering) Page 1 of 47 Page 79 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 31Z3684F3R $1,243.67 $1,243.67 36"d x 84"w x 29.5"h, Single Pedestal, Rectangular Top Desk, Box/Box/ File Right, Faux Pedestal LeŌ, Hutches Cannot be Used on Desk, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Modesty Panel Type {85} Handle Type Handle Type {80} Lock Finish {89} Keys{40} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE ~ ~ HR BK K-410 ~POS1 AG1 ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Full to Floor Modesty (STD) Handle OpƟon M-Bar Handle - Black M-Black Lock BLK C-Keyed for Lock #410 Grommet/Electrical Cut-Out OpƟons - LeŌ PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Grommet/Electrical Not Required - Center PosiƟon Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 41EVWS2952 $217.88 $217.88 29"d x 52"w, Height Adjustable Rectangular Worksurface without Scoops, (Height Adjustable Base Sold Separate), 3mm PVC Edge Trim Worksurface Laminates {SF} High Pressure Laminates {20} PVC Trim Finishes {45} Commercial or GSA Offering HP WHE WHE STD High Pressure Laminates (1 1/16" Thickness) Walnut Heights Walnut Heights Commercial Furniture Offering 51Z30L7EL $1,112.30 $1,112.30 24"d x 30"w x 71.9"h, Personal Towers, LeŌ w/Doors, 2 File Drawers on BoƩom, 1 Adj. Shelf above Rod, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Glazed Door Type {85} Handle Type Handle Type {80} Keys{40} Commercial GSA Offering ~ZTOP WHE A3 ~ZBSE WHE ~ ~HAN HS K-410 ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Standard Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Doors (STD) Handle OpƟon (Required) P-Flared Handle - Silver C-Keyed for Lock #410 Non-GSA (Commercial Furniture Offering) 61PH3T6601 $581.60 $581.60 Height Adjustable Table Frame, Up/down handset with Digital Readout, Crossbars expandable to match table top widths, Not to Exceed 72"w, Height range 22.6" to 48.6", HEIGHT ADJUSTABLE WORKSURFACES, PRODUCTIVITY SOLUTIONS, FOLI Base Width OpƟons Commercial GSA Offering ~58 ~NGSA 58"w Height Adjustable Base Commercial Furniture Offering Page 2 of 47 Page 80 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 71Z30S6SHN $527.66 $527.66 16"d x 30"w x 65.5"h, Storage Modules, Open w/ 4 Adjustable Shelves, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Collator OpƟons {70} Commercial GSA Offering ~ZTOP WHE A3 ~ZBSE WHE ~ ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Standard Edge Zira Chassis Finish 2-Walnut Heights WHE Collator OpƟon Not Required (STD) Non-GSA (Commercial Furniture Offering) GIS MANAGER Subtotal $5,199.96 Page 3 of 47 Page 81 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL IT MANAGER 91FTZ52SFNL $495.03 $495.03 24"d, 2 Stage Column, Use w/ Straight 60" thru 72" Wide Zira HA Pedestal Desk or 60" Wide No Pedestal Desk, Height Adjustable Programmable Base Only (HA Desk Sold Separate), ZIRA HA Leg Finish {20} HA Leg Finish {F1} HA Base Width OpƟons Short Fram HA Base Width Type HA Handset Type HA Handset Type {85} Commercial GSA Offering ~FLB BLK ~3672SD M ~ZH S ~NGSA Zira HA Leg Finish 1-Black, Leg Finish BLK 36"d x 72"w for Single Ped Desk (Match Desk Width) M-72" + 84"w Base Width (Match Desk Width) Freeﬁt Handset Type P-(STD) Up/Down Handset Non-GSA (Commercial Furniture Offering) 10 1 Z2448N $418.04 $418.04 24"d x 48"w x 29.5"h, Connectable Tables w/Narrow End Panels on Both Sides, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Modesty Height OpƟons {MP} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE 3MP ~ ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE M-3/4 Modesty Panel (10" A.F.F) Grommet/Electrical Not Required - LeŌ PosiƟon Grommet Cover (Black), Cut-Out 3.25" x 1.875" - (STD) Ce Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 11 1 Z2472CS2L $873.92 $873.92 24"d x 72"w x 29.5"h, Full to Floor Single Pedestal Credenza with F/F on the LeŌ, Locks, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Handle Type Handle Type {80} Modesty Height OpƟons {MP} Lock Finish {89} Keys{40} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE ~ HR 3MP BK K-413 ~ ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Handle OpƟon M-Bar Handle - Black M-3/4 Modesty Panel (10" A.F.F) M-Black Lock BLK C-Keyed for Lock #413 Grommet/Electrical Not Required - LeŌ PosiƟon Grommet Cover (Black), Cut-Out 3.25" x 1.875" - (STD) Ce Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) Page 4 of 47 Page 82 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 12 1 Z30L7ER $1,112.30 $1,112.30 24"d x 30"w x 71.9"h, Personal Towers, Right w/Doors, 2 File Drawers on BoƩom, 1 Adj. Shelf above Rod, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Glazed Door Type {85} Handle Type Handle Type {80} Keys{40} Commercial GSA Offering ~ZTOP WHE A3 ~ZBSE WHE ~ ~HAN HW K-413 ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Standard Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Doors (STD) Handle OpƟon (Required) P-Flared Handle - Brass C-Keyed for Lock #413 Non-GSA (Commercial Furniture Offering) 13 1 Z30S6SHN $527.66 $527.66 16"d x 30"w x 65.5"h, Storage Modules, Open w/ 4 Adjustable Shelves, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Collator OpƟons {70} Commercial GSA Offering ~ZTOP WHE AR ~ZBSE WHE ~ ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Collator OpƟon Not Required (STD) Non-GSA (Commercial Furniture Offering) 14 1 Z72S42H $742.11 $742.11 15"d x 72"w x 41.9"h, Closed Hutches w/Doors and 1 Fixed Shelf + Fixed Shelf Divider, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Glazed Door Type {85} Handle Type Handle Type {80} Keys{40} Commercial GSA Offering ~ZTOP WHE AR ~ZBSE WHE ~ ~HAN HS K-413 ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Doors (STD) Handle OpƟon (Required) P-Flared Handle - Silver C-Keyed for Lock #413 Non-GSA (Commercial Furniture Offering) Page 5 of 47 Page 83 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 15 1 ZH3072FS3 $1,774.80 $1,774.80 30"d x 72"w x 29.5"h-49"h, Single Pedestal Height Adjustable Desk, B/ B/F on Right, Top Inset 1" on LeŌ & User Side, Height Adjustable Frame Sold Separately, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Modesty Panel Type {85} Wire Management Finish {91} Handle Type Handle Type {80} Keys{40} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE ~ BK ~ HR K-413 ~POS1 AG1 ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Full to Floor Modesty (STD) M-Black BLK Handle OpƟon M-Bar Handle - Black C-Keyed for Lock #413 Grommet/Electrical Cut-Out OpƟons - LeŌ PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Grommet/Electrical Not Required - Center PosiƟon Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 16 1 ZTB7021 $293.63 $293.63 70"w x 21"h, Tackboards for Hutches, For Use on Z72S42H, Z72S42HN, Z72S55H and Z72S55HN, Includes MounƟng and Screws, ZIRA Tex Ɵle {10|01} Grade 01 {GR} Jenny (Global) {FR} Commercial GSA Offering ~01 ~JENY JN25 ~NGSA Grade 01 Jenny (Global) 1-Silver Lining Commercial Furniture Offering 17 2 8335T $478.50 $957.00 MAYNE, Armchair, Upholstered Back & Seat, Wood Frame, Std 4 Legged Wood Frame, Does not Stack, GLOBAL SEATING USA Tex Ɵle {10|04} Grade 01 TexƟle {GR} Carrera (Global) {FR} Frame Finish {20} Commercial or GSA Offering ~01 ~CAER CE90 MM ~STD Grade 01 Carrera (Global) 1-Flannel F-Medium Walnut, Wood Frame MWM Commercial Furniture Offering IT MANAGER Subtotal $7,194.49 Page 6 of 47 Page 84 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL LEIGH'S OFFICE 19 1 FT52SF24 $640.32 $640.32 24"d, 2 Stage Column, Height Adjustable Base Only, Short Frame used/ w 46"w - 58"w Tops, (Tops Sold Separate), FREEFIT, PRODUCTIVITY SOLUTIONS Leg Finish {20} Leg Finish {F1} Foot Type ConﬁguraƟon Foot Type ConﬁguraƟon {45} Handset Type Handset Type {80} Split Cables Off Factory Order - Req Commercial GSA Offering ~FLC CHR ~FFTC CL ~FFH S LINAK ~NGSA Freeﬁt Leg Finish 1-Charocal, Leg Finish CHR Freeﬁt Foot Type ConﬁguraƟon OpƟons A-CL Foot ConﬁguraƟon Freeﬁt Handset Type P-Up/Down Handset (STD) M-Split Cables Off Factory Order - Required (Order Entry) Commercial Furniture Offering LEIGH'S OFFICE Subtotal $640.32 Page 7 of 47 Page 85 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL OFFICE 21 2 8335T $478.50 $957.00 MAYNE, Armchair, Upholstered Back & Seat, Wood Frame, Std 4 Legged Wood Frame, Does not Stack, GLOBAL SEATING USA Tex Ɵle {10|04} Grade 01 TexƟle {GR} Carrera (Global) {FR} Frame Finish {20} Commercial or GSA Offering ~01 ~CAER CE90 MM ~STD Grade 01 Carrera (Global) 1-Flannel F-Medium Walnut, Wood Frame MWM Commercial Furniture Offering 22 1 ZH3066FS3 $1,713.03 $1,713.03 30"d x 66"w x 29.5"h-49"h, Single Pedestal Height Adjustable Desk, B/ F/F on Right, Top Inset 1" on LeŌ & User Side, Height Adjustable Frame Sold Separately, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Modesty Panel Type {85} Wire Management Finish {91} Handle Type Handle Type {80} Keys{40} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE ~ BK ~ HR K-412 ~POS1 AG1 ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Full to Floor Modesty (STD) M-Black BLK Handle OpƟon M-Bar Handle - Black C-Keyed for Lock #412 Grommet/Electrical Cut-Out OpƟons - LeŌ PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Grommet/Electrical Not Required - Center PosiƟon Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 23 1 ZTB7021 $293.63 $293.63 70"w x 21"h, Tackboards for Hutches, For Use on Z72S42H, Z72S42HN, Z72S55H and Z72S55HN, Includes MounƟng and Screws, ZIRA Tex Ɵle {10|01} Grade 01 {GR} Jenny (Global) {FR} Commercial GSA Offering ~01 ~JENY JN25 ~NGSA Grade 01 Jenny (Global) 1-Silver Lining Commercial Furniture Offering Page 8 of 47 Page 86 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 24 1 Z30L7SH $901.32 $901.32 24"d x 30"w x 71.9"h, Storage Modules w/ 4 Adjustable Shelves and Doors, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Glazed Door Type {85} Handle Type Handle Type {80} Keys{40} Commercial GSA Offering ~ZTOP WHE AR ~ZBSE WHE ~ ~HAN HS K-412 ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Doors (STD) Handle OpƟon (Required) P-Flared Handle - Silver C-Keyed for Lock #412 Non-GSA (Commercial Furniture Offering) 25 1 Z2472CS2L $873.92 $873.92 24"d x 72"w x 29.5"h, Full to Floor Single Pedestal Credenza with F/F on the LeŌ, Locks, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Handle Type Handle Type {80} Modesty Height OpƟons {MP} Lock Finish {89} Keys{40} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE ~ HR 3MP BK K-412 ~ ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Handle OpƟon M-Bar Handle - Black M-3/4 Modesty Panel (10" A.F.F) M-Black Lock BLK C-Keyed for Lock #412 Grommet/Electrical Not Required - LeŌ PosiƟon Grommet Cover (Black), Cut-Out 3.25" x 1.875" - (STD) Ce Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 26 1 Z2442N $398.46 $398.46 24"d x 42"w x 29.5"h, Connectable Tables w/Narrow End Panels on Both Sides, ZIRA Material Type {19} Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Modesty Height OpƟons {MP} Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Grommet/Electrical Cut-Out OpƟo Custom Grommet LocaƟon (Applic Commercial GSA Offering HP ~ZTOP WHE AR ~ZBSE WHE 3MP ~ ~ ~ ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE M-3/4 Modesty Panel (10" A.F.F) Grommet/Electrical Not Required - LeŌ PosiƟon Grommet Cover (Black), Cut-Out 3.25" x 1.875" - (STD) Ce Grommet/Electrical Not Required - Right PosiƟon Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) Page 9 of 47 Page 87 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 27 1 Z72S42H $742.11 $742.11 15"d x 72"w x 41.9"h, Closed Hutches w/Doors and 1 Fixed Shelf + Fixed Shelf Divider, ZIRA Top Finish {20} Top Finish {F1} Top Thickness/ Edge Type {45} Base Finish {50} Base Finish - {F2} Glazed Door Type {85} Handle Type Handle Type {80} Keys{40} Commercial GSA Offering ~ZTOP WHE AR ~ZBSE WHE ~ ~HAN HS K-412 ~NGSA Zira Top Finish 1-Walnut Heights WHE F-1" Top, Bicut Edge Zira Chassis Finish 2-Walnut Heights WHE Laminate Doors (STD) Handle OpƟon (Required) P-Flared Handle - Silver C-Keyed for Lock #412 Non-GSA (Commercial Furniture Offering) OFFICE Subtotal $5,879.47 Page 10 of 47 Page 88 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL RECEPTIONIST 29 1 EVPFE1236 $101.26 $101.26 12"h x 36"w, Fabric Extension Module, Top Trims are not Included with Extension Modules Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STD STDR CHB 01 TEK1 TX62 01 TEK1 TX62 STD Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Grade 1 TexƟles - Outside PosiƟon 1 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Tek Essence Commercial Furniture Offering 30 1 EVPIC66 $45.65 $45.65 66"h, Inline Panel Connector, Includes Post & Hardware, No Trim Paint Finish {20} Standard Paint OpƟons {*I} Black Inline Connector (Use w/ Bla Commercial or GSA Offering STD STDR BLK STD Standard Paint OpƟons Black Inline Connector (Use w/ Black Horizontal Reveal) Black Inline (Must use w/ Black Horizontal Reveal) Commercial Furniture Offering 31 2 EVPVC66 $46.48 $92.96 66"h, Inline Variable Height Panel Connector, Includes Post & Hardware Paint Finish {20} Standard Paint OpƟons {*I} Black Inline Connector (Use w/ Bla Commercial or GSA Offering STD STDR BLK STD Standard Paint OpƟons Black Inline Connector (Use w/ Black Horizontal Reveal) Black Inline (Must use w/ Black Horizontal Reveal) Commercial Furniture Offering 32 1 EVPVPA266-46 $135.29 $135.29 66"h, Pos.1 42", 2 66", Base Raceway, 2 Way Variable Height Post, Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 33 1 EVWS2454P $200.03 $200.03 24"d x 54"w, Straight Rectangular Worksurface with Scoops, 3mm PVC Edge Trim Worksurface Laminates {SF} High Pressure Laminates {20} PVC Trim Finishes {45} Worksurface Scoop Cover {50} Commercial or GSA Offering HP WHE WHE BLK STD High Pressure Laminates (1 1/16" Thickness) Walnut Heights Walnut Heights Black Commercial Furniture Offering Page 11 of 47 Page 89 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 34 1 EVWS2466P $234.06 $234.06 24"d x 66"w, Straight Rectangular Worksurface with Scoops, 3mm PVC Edge Trim Worksurface Laminates {SF} High Pressure Laminates {20} PVC Trim Finishes {45} Worksurface Scoop Cover {50} Commercial or GSA Offering HP WHE WHE BLK STD High Pressure Laminates (1 1/16" Thickness) Walnut Heights Walnut Heights Black Commercial Furniture Offering 35 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 419 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W419 Evolve On Module Commercial Furniture Offering 36 1 UULSF1336 $322.04 $322.04 13.5"d x 36"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 419 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W419 Evolve On Module Commercial Furniture Offering 37 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 419 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W419 Commercial Furniture Offering 38 1 FT52SF30 $645.11 $645.11 30"d, 2 Stage Column, Height Adjustable Base Only, Short Frame used w/46"w - 58"w Tops, (Tops Sold Separate), FREEFIT, PRODUCTIVITY SOLUTIONS Leg Finish {20} Leg Finish {F1} Foot Type ConﬁguraƟon Foot Type ConﬁguraƟon {45} Handset Type Handset Type {80} Split Cables Off Factory Order - Req Commercial GSA Offering ~FLC SIL ~FFTC CL ~FFH S LINAK ~NGSA Freeﬁt Leg Finish 1-Silver, Leg Finish SIL Freeﬁt Foot Type ConﬁguraƟon OpƟons A-CL Foot ConﬁguraƟon Freeﬁt Handset Type P-Up/Down Handset (STD) M-Split Cables Off Factory Order - Required (Order Entry) Commercial Furniture Offering Page 12 of 47 Page 90 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 39 1 FTWR2946 $348.44 $348.44 29"d x 46"w x 1"h, Height Adjustable Rectangular Worksurface, Base Sold Separately, FREEFIT BENCHING Laminate Top Type {SF} Laminate Top Finish {20} Laminate Top Finish {F1} Laminate Edge Finish Laminate Edge Finish {45} Grommet Cut-Out OpƟons 46,51,5 Grommet Cut-Out OpƟons- CTR Po Commercial GSA Offering HP ~BR2L WHE ~FREE WHE ~POS2 AG2 ~NGSA M-High Pressure Laminate (1-1/16" Thick) Height Adjustable Laminate Top Finish 1-Walnut Heights WHE Freﬁt Laminate Edge Finish M-Walnut Heights WHE Grommet/Electrical LocaƟon - Center PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Commercial Furniture Offering 40 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W419 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W419 Commercial Furniture Offering 41 2 EVPFA6648S $397.99 $795.98 66"h x 48"w, Segmented "S" Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering Page 13 of 47 Page 91 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 42 1 EVWT1554 $121.60 $121.60 15"d x 54"w, Straight TransacƟon Top, 3mm PVC Edge Trim Worksurface Laminates {SF} High Pressure Laminates {20} PVC Trim Finishes {45} Commercial or GSA Offering HP WHE WHE STD High Pressure Laminates (1 1/16" Thickness) Walnut Heights Walnut Heights Commercial Furniture Offering 43 1 EVPFA6630S $280.96 $280.96 66"h x 30"w, Segmented "S" Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering Page 14 of 47 Page 92 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 44 1 EVPFA6624S $253.15 $253.15 66"h x 24"w, Segmented "S" Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering 45 1 EVE8RD2 $16.19 $16.19 #2 UƟlity Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 46 1 EVE8FR1 $163.10 $163.10 72" Long, Floor Power Entry, Front Fed, Snaps into Knockout of Base Raceway Commercial or GSA Offering STD Commercial Furniture Offering 47 1 EVE8PD30 $97.94 $97.94 30", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering 48 2 EVE8PD48 $114.13 $228.26 48", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering Page 15 of 47 Page 93 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 49 1 EVE8PD54 $114.96 $114.96 54", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering 50 1 EVE8RDA $16.19 $16.19 A, Dedicated Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 51 1 EVE8RDB $16.19 $16.19 B, Dedicated Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 52 1 EVPFA4254 $312.50 $312.50 42"h x 54"w, Segmented Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Commercial Furniture Offering 53 1 EVHC12R $48.97 $48.97 12", Right, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD SDT STD Standard Paint Colors Stone Dust (Textured Cappuccino) Commercial Furniture Offering 54 1 EVHC18R $48.97 $48.97 18", Right, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD SDT STD Standard Paint Colors Stone Dust (Textured Cappuccino) Commercial Furniture Offering Page 16 of 47 Page 94 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 55 1 EVHMEGR24 $129.90 $129.90 29"h x 23"d, Metal End Gable, Non-Handed Round Leg, Does NOT Support Two Adjoining Worksurfaces, Includes Leveling Glide and Sleeve Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD SDT STD Standard Paint Colors Stone Dust (Textured Cappuccino) Commercial Furniture Offering 56 2 EVHTB2 $14.11 $28.22 Transac Ɵon Brackets (Pair) Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD SDT STD Standard Paint Colors Stone Dust (Textured Cappuccino) Commercial Furniture Offering 57 1 EVPCPA266 $135.29 $135.29 66"h, 2 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 58 1 EVPERA42 $45.65 $45.65 42"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 59 1 EVPERA66 $60.59 $60.59 66"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering Page 17 of 47 Page 95 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 60 1 EVPF1W5436 $376.41 $376.41 54"h x 36"w, Writeboard Panel, Single Sided 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 CHHN CN59 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Commercial Furniture Offering 61 1 EVHC18L $48.97 $48.97 18", LeŌ, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD SDT STD Standard Paint Colors Stone Dust (Textured Cappuccino) Commercial Furniture Offering RECEPTIONIST Subtotal $7,301.07 Page 18 of 47 Page 96 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL WORKROOM 63 2 TWCS6012H3 $866.83 $1,733.66 TechWorks 12"D x 60"W, Corner Shelf with High Pressure Laminate Surface TW PAINT FINISHES TW HIGH PRESSURE LAMINATE FIN EDGE FINISH DV5 BLAK BK Textured Black Black Black 64 1 TWCBLBSK48 $333.35 $333.35 TechWorks 48"W, Horizontal Cable Management, Black 65 1 TWBC6030ES $2,528.54 $2,528.54 TechWorks 60"W x 30"D Corner Adjustable Bench with ESD Laminate Surface TW PAINT FINISHES EDGE FINISH DV5 IG Textured Black Ice Gray 66 4 6335MO $395.42 $1,581.68 VION MO, Armchair, Wall Saver, Upholstered Back w/ Matching Outer Back Upholstery, Std 4 Legged Base, Glides, Stacks 4 High on Floor, Stacks 8 High on Dolly, GLOBAL SEATING USA Back Frame Finish {20} Tex Ɵle {10|04} Grade 02 TexƟle {GR} Imprint (Global) {FR} Leg Finish {45} Glide Type {65} Seat Foam Type {80} Commercial or GSA Offering BB ~02 ~IMP2 IM82 TBL GLD ST ~STD M-Black BLK Grade 02 Imprint (Global) 1-Graphite F-Black TBL M-Black Nylon Glide for Most Floor Surfaces M-Standard Foam Commercial Furniture Offering 67 1 TWB2430ES $1,420.03 $1,420.03 TechWorks 24"W x 30"D Adjustable Bench with ESD Laminate Surface TW PAINT FINISHES EDGE FINISH DV5 IG Textured Black Ice Gray 68 3 EZDP $218.65 $655.95 Light, LED 16" Under Cabinet Page 19 of 47 Page 97 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 69 2 TWDRWR $449.25 $898.50 15"W x 6"H x 20"D, UƟlity Drawer w/o Lock (order lock separately) (Can Stack 3 High) TW PAINT FINISHES DV5 Textured Black 70 1 TWB9630ES $2,616.66 $2,616.66 TechWorks 96"W x 30"D Adjustable Bench with ESD Laminate Surface TW PAINT FINISHES EDGE FINISH DV5 IG Textured Black Ice Gray 71 4 TWESDGRBAR $150.55 $602.20 TechWorks ESD Grounding Bar 72 2 TWUF4848 $769.46 $1,538.92 TechWorks 48"W x 48"H, Upper Frame TW PAINT FINISHES P5 Textured Gray 73 4 TWESDWR $93.20 $372.80 TechWorks ESD Wrist Strap 74 1 TWHBAR24 $109.92 $109.92 TechWorks Hanging Bar & Support 24"W TW PAINT FINISHES DV5 Textured Black 75 3 TWOHST24 $818.55 $2,455.65 TechWorks 24"W x 12"D x 16"H, Lockable Storage Bin TW PAINT FINISHES DV5 Textured Black 76 3 TWPGM2448 $325.58 $976.74 TechWorks 24"W x 48"H, Peg Board, Masonite TW PAINT FINISHES P5 Textured Gray Page 20 of 47 Page 98 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 77 1 TWUCF6048 $1,331.61 $1,331.61 TechWorks 60"W x 48"H, Upper Corner Frame TW PAINT FINISHES DV5 Textured Black 78 1 TWUF2448 $490.47 $490.47 TechWorks 24"W x 48"H, Upper Frame TW PAINT FINISHES DV5 Textured Black 79 1 TWWB2448 $339.32 $339.32 TechWorks 24"W x 48"H, MagneƟc Whiteboard 80 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 428 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W428 Commercial Furniture Offering 81 4 TWESDGRJK $96.18 $384.72 TechWorks ESD Grounding Jack 82 1 GCAR42 $480.68 $480.68 42"w x 29"h, Round Top, 4 Leg Base, Self Edge, BOARDROOM TABLES Laminate Top Type {30} Table Top Finish {20} Table Top Finish {F1} Table Metal Base Finish {50} Table Metal Base Finish - {F2} Custom Grommet RocaƟon (AppRi Commercial GSA Offering HP ~CONF WHE ~CNBM TBL ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Boardroom Table Top Finish 1-Walnut Heights WHE Boardroom Table Metal Base Finish 2-Black TBL Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 83 2 TWPGM3048 $354.90 $709.80 TechWorks 30"W x 48"H, Peg Board, Masonite TW PAINT FINISHES P5 Textured Gray Page 21 of 47 Page 99 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 84 2 FT52SF24 $640.32 $1,280.64 24"d, 2 Stage Column, Height Adjustable Base Only, Short Frame used/ w 46"w - 58"w Tops, (Tops Sold Separate), FREEFIT, PRODUCTIVITY SOLUTIONS Leg Finish {20} Leg Finish {F1} Foot Type ConﬁguraƟon Foot Type ConﬁguraƟon {45} Handset Type Handset Type {80} Split Cables Off Factory Order - Req Commercial GSA Offering ~FLC SIL ~FFTC CL ~FFH S LINAK ~NGSA Freeﬁt Leg Finish 1-Silver, Leg Finish SIL Freeﬁt Foot Type ConﬁguraƟon OpƟons A-CL Foot ConﬁguraƟon Freeﬁt Handset Type P-Up/Down Handset (STD) M-Split Cables Off Factory Order - Required (Order Entry) Commercial Furniture Offering 85 2 EVE8CP18 $69.31 $138.62 18" - Flexible Mesh Jumper Cable, Used to Connect 2 Power DistrubuƟon Housings Separated by Post Commercial or GSA Offering STD Commercial Furniture Offering 86 2 FTWR2352 $324.08 $648.16 23"d x 52"w x 1"h, Height Adjustable Rectangular Worksurface, Base Sold Separately, FREEFIT BENCHING Laminate Top Type {SF} Laminate Top Finish {20} Laminate Top Finish {F1} Laminate Edge Finish Laminate Edge Finish {45} Grommet Cut-Out OpƟons 46,51,5 Grommet Cut-Out OpƟons- CTR Po Commercial GSA Offering HP ~BR2L WHE ~FREE WHE ~POS2 AG2 ~NGSA M-High Pressure Laminate (1-1/16" Thick) Height Adjustable Laminate Top Finish 1-Walnut Heights WHE Freﬁt Laminate Edge Finish M-Walnut Heights WHE Grommet/Electrical LocaƟon - Center PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Commercial Furniture Offering 87 1 EVE8FR1 $163.10 $163.10 72" Long, Floor Power Entry, Front Fed, Snaps into Knockout of Base Raceway Commercial or GSA Offering STD Commercial Furniture Offering 88 1 EVE8PD24 $72.63 $72.63 24", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering 89 1 EVE8PD42 $105.41 $105.41 42", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering Page 22 of 47 Page 100 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 90 1 EVE8PD54 $114.96 $114.96 54", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering 91 2 EVE8RD1 $16.19 $32.38 #1 UƟlity Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 92 2 EVE8RDA $16.19 $32.38 A, Dedicated Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 93 2 EVE8RDB $16.19 $32.38 B, Dedicated Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 94 1 EVPCPA366 $175.55 $175.55 66"h, 3 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 95 1 TWM1 $109.34 $109.34 Techworks Single Screen Monitor Arm TW PAINT FINISHES P5 Textured Gray 96 1 EVPERA66 $60.59 $60.59 66"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering Page 23 of 47 Page 101 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 97 1 EVPERA66 $60.59 $60.59 66"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 98 2 EVPERA66 $60.59 $121.18 66"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 99 2 EVPF1W6618 $288.43 $576.86 66"h x 18"w, Writeboard Panel, Single Sided 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Commercial Furniture Offering Page 24 of 47 Page 102 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 100 1 EVPFA6624 $253.15 $253.15 66"h x 24"w, Segmented Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering 101 2 EVPFA6642 $370.18 $740.36 66"h x 42"w, Segmented Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering Page 25 of 47 Page 103 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 102 1 EVPFA6654 $431.19 $431.19 66"h x 54"w, Segmented Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering 103 1 EVPIC66 $45.65 $45.65 66"h, Inline Panel Connector, Includes Post & Hardware, No Trim Paint Finish {20} Standard Paint OpƟons {*I} Black Inline Connector (Use w/ Bla Commercial or GSA Offering STD STDR BLK STD Standard Paint OpƟons Black Inline Connector (Use w/ Black Horizontal Reveal) Black Inline (Must use w/ Black Horizontal Reveal) Commercial Furniture Offering 104 1 EVPCPA366 $175.55 $175.55 66"h, 3 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 105 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 429 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W429 Commercial Furniture Offering WORKROOM Subtotal $27,711.25 Page 26 of 47 Page 104 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL WORKSTATIONS 107 4 EVPIC66 $45.65 $182.60 66"h, Inline Panel Connector, Includes Post & Hardware, No Trim Paint Finish {20} Standard Paint OpƟons {*I} Black Inline Connector (Use w/ Bla Commercial or GSA Offering STD STDR BLK STD Standard Paint OpƟons Black Inline Connector (Use w/ Black Horizontal Reveal) Black Inline (Must use w/ Black Horizontal Reveal) Commercial Furniture Offering 108 4 FTWR2970 $401.07 $1,604.28 29"d x 70"w x 1"h, Height Adjustable Rectangular Worksurface, Base Sold Separately, FREEFIT BENCHING Laminate Top Type {SF} Laminate Top Finish {20} Laminate Top Finish {F1} Laminate Edge Finish Laminate Edge Finish {45} Grommet Cut-Out OpƟons 63,64,7 Grommet Cut-Out OpƟon - CTR Po Commercial GSA Offering HP ~BR2L WHE ~FREE WHE ~POS2 AG2 ~NGSA M-High Pressure Laminate (1-1/16" Thick) Height Adjustable Laminate Top Finish 1-Walnut Heights WHE Freﬁt Laminate Edge Finish M-Walnut Heights WHE Grommet/Electrical LocaƟon - Center PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Commercial Furniture Offering 109 3 6334MO $374.54 $1,123.62 VION MO, Side Chair, Wall Saver, Upholstered Back w/ Matching Outer Back Upholstery, Armless, Std 4 Legged Base, Glides, Stacks 4 High on Floor, Stacks 8 High on Dolly, GLOBAL SEATING USA Back Frame Finish {20} Tex Ɵle {10|04} Grade 02 TexƟle {GR} Imprint (Global) {FR} Leg Finish {45} Glide Type {65} Seat Foam Type {80} Commercial or GSA Offering BB ~02 ~IMP2 IM82 TBL GLD ST ~STD M-Black BLK Grade 02 Imprint (Global) 1-Graphite F-Black TBL M-Black Nylon Glide for Most Floor Surfaces M-Standard Foam Commercial Furniture Offering 110 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W427 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W427 Commercial Furniture Offering Page 27 of 47 Page 105 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 111 1 93PT-3FR $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, Right Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W424 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W424 Commercial Furniture Offering 112 4 FTWR2970 $401.07 $1,604.28 29"d x 70"w x 1"h, Height Adjustable Rectangular Worksurface, Base Sold Separately, FREEFIT BENCHING Laminate Top Type {SF} Laminate Top Finish {20} Laminate Top Finish {F1} Laminate Edge Finish Laminate Edge Finish {45} Grommet Cut-Out OpƟons 63,64,7 Grommet Cut-Out OpƟon - CTR Po Commercial GSA Offering HP ~BR2L WHE ~FREE WHE ~POS2 AG2 ~NGSA M-High Pressure Laminate (1-1/16" Thick) Height Adjustable Laminate Top Finish 1-Walnut Heights WHE Freﬁt Laminate Edge Finish M-Walnut Heights WHE Grommet/Electrical LocaƟon - Center PosiƟon M-Grommet Cover (Black), Cut-Out 3.25" x 1.875" (Accep Commercial Furniture Offering 113 1 GCAR36 $418.91 $418.91 36"w x 29"h, Round Top, 4 Leg Base, Self Edge, BOARDROOM TABLES Laminate Top Type {30} Table Top Finish {20} Table Top Finish {F1} Table Metal Base Finish {50} Table Metal Base Finish - {F2} Custom Grommet RocaƟon (AppRi Commercial GSA Offering HP ~CONF WHE ~CNBM TBL ~ ~NGSA M-High Pressure Laminate (1-1/16" Thick) Boardroom Table Top Finish 1-Walnut Heights WHE Boardroom Table Metal Base Finish 2-Black TBL Grommet/Electrical Not Required - Custom Grommet Loc Non-GSA (Commercial Furniture Offering) 114 8 FT52LF30 $647.72 $5,181.76 30"d, 2 Stage Column, Height Adjustable Base Only, Long Frame used/ w64"w - 82"w Tops, (Tops Sold Separate), FREEFIT, PRODUCTIVITY SOLUTIONS Leg Finish {20} Leg Finish {F1} Foot Type ConﬁguraƟon Foot Type ConﬁguraƟon {45} Handset Type Handset Type {80} Split Cables Off Factory Order - Req Commercial GSA Offering ~FLC SIL ~FFTC CL ~FFH S LINAK ~NGSA Freeﬁt Leg Finish 1-Silver, Leg Finish SIL Freeﬁt Foot Type ConﬁguraƟon OpƟons A-CL Foot ConﬁguraƟon Freeﬁt Handset Type P-Up/Down Handset (STD) M-Split Cables Off Factory Order - Required (Order Entry) Commercial Furniture Offering Page 28 of 47 Page 106 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 115 7 EVWS2460P $222.44 $1,557.08 24"d x 60"w, Straight Rectangular Worksurface with Scoops, 3mm PVC Edge Trim Worksurface Laminates {SF} High Pressure Laminates {20} PVC Trim Finishes {45} Worksurface Scoop Cover {50} Commercial or GSA Offering HP WHE WHE BLK STD High Pressure Laminates (1 1/16" Thickness) Walnut Heights Walnut Heights Black Commercial Furniture Offering 116 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 427 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W427 Evolve On Module Commercial Furniture Offering 117 7 UUKSS30 $67.23 $470.61 14.733"d x 30"w x 7.453"h, Panel Mounted Open Shelf, PRIME Paint Finishes {20} Standard Paint Finishes {F1} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Evolve On Module Commercial Furniture Offering 118 1 UUKSS24 $62.67 $62.67 14.733"d x 24"w x 7.453"h, Panel Mounted Open Shelf, PRIME Paint Finishes {20} Standard Paint Finishes {F1} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Evolve On Module Commercial Furniture Offering 119 1 EVWS2454P $200.03 $200.03 24"d x 54"w, Straight Rectangular Worksurface with Scoops, 3mm PVC Edge Trim Worksurface Laminates {SF} High Pressure Laminates {20} PVC Trim Finishes {45} Worksurface Scoop Cover {50} Commercial or GSA Offering HP WHE WHE BLK STD High Pressure Laminates (1 1/16" Thickness) Walnut Heights Walnut Heights Black Commercial Furniture Offering Page 29 of 47 Page 107 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 120 18 EVPVC66 $46.48 $836.64 66"h, Inline Variable Height Panel Connector, Includes Post & Hardware Paint Finish {20} Standard Paint OpƟons {*I} Black Inline Connector (Use w/ Bla Commercial or GSA Offering STD STDR BLK STD Standard Paint OpƟons Black Inline Connector (Use w/ Black Horizontal Reveal) Black Inline (Must use w/ Black Horizontal Reveal) Commercial Furniture Offering 121 8 EVPTVA12 $13.28 $106.24 12"h, Variable Height Aluminum Trim, With End of Run Top Cap Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 122 5 EVPTNTA36F $13.70 $68.50 36"w, Single Notched Aluminum Top Cap Trim - Field Installed Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 123 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 427 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W427 Commercial Furniture Offering 124 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 421 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W421 Evolve On Module Commercial Furniture Offering 125 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 422 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W422 Evolve On Module Commercial Furniture Offering Page 30 of 47 Page 108 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 126 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 425 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W425 Evolve On Module Commercial Furniture Offering 127 3 GU23SE PC 7L CAT2 - FABRIC TBD $636.38 $1,909.14 GoodFit Chair, Mid Back (21"H X 18"W), Standard Seat (21"W X 19"D), Advanced Synchro Control w/ Independent Back Angle & Seat Depth Adjustments, Parquet Floor Casters, Height & Width Adjustable Arms with Fully arƟculaƟng, buƩon-acƟvated, urethane arm caps, CAT 2 Durathane Vinyl Color TBD 128 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W421 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W421 Commercial Furniture Offering 129 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W420 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W420 Commercial Furniture Offering 130 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W425 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W425 Commercial Furniture Offering Page 31 of 47 Page 109 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 131 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W422 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W422 Commercial Furniture Offering 132 1 93PT-3FL $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, LeŌ Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W426 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W426 Commercial Furniture Offering 133 1 93PT-3FR $1,134.05 $1,134.05 24"d x 24"w x 65.25"h, FFF, Storage, Right Wardrobe, 9300 SERIES, UNIVERSAL FILING Metal File Case & Storage Front Pa Global Standard Paint Finishes {20 Global Standard Finishes {F1} Lock OpƟon {40} Commercial or GSA Offering ~STD LAFI SDT W423 ~STD Metal File Case & Storage Front Paint Finishes (Global Sta Global Standard Colors 1-Stonedust (Textured) SDT C-Keyed For Lock #W423 Commercial Furniture Offering 134 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 423 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W423 Commercial Furniture Offering 135 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 426 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W426 Evolve On Module Commercial Furniture Offering Page 32 of 47 Page 110 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 136 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 422 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W422 Commercial Furniture Offering 137 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 420 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W420 Commercial Furniture Offering 138 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 425 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W425 Commercial Furniture Offering 139 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 424 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W424 Commercial Furniture Offering 140 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 426 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W426 Commercial Furniture Offering Page 33 of 47 Page 111 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 141 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 424 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W424 Evolve On Module Commercial Furniture Offering 142 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 420 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W420 Evolve On Module Commercial Furniture Offering 143 2 EVPTNTA36F $13.70 $27.40 36"w, Single Notched Aluminum Top Cap Trim - Field Installed Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 144 1 UULSF1330 $312.50 $312.50 13.5"d x 30"w x 14.625"h, Panel Mounted Flush Front Overhead w/ Lock, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Keys/Locks {40} MounƟng Hardware {87} Commercial or GSA Offering STD SDT 423 1 STD Standard Paint Colors Stone Dust (Textured Cappuccino) Keyed for Lock #W423 Evolve On Module Commercial Furniture Offering 145 1 UUPW0BF22P $389.69 $389.69 22"d x 15"w x 23.3"h, Box/File Mobile Pedestal, Full Pull, PRIME Paint Finishes {20} Standard Paint Finishes {F1} Handle {33} Keys/Locks {40} Commercial or GSA Offering STD SDT N 421 STD Standard Paint Colors Stone Dust (Textured Cappuccino) M-No Handle, Default Keyed for Lock #W421 Commercial Furniture Offering 146 1 EVPTNTA30F $12.45 $12.45 30"w, Single Notched Aluminum Top Cap Trim - Field Installed Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering Page 34 of 47 Page 112 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 147 18 EVPFA6624S $253.15 $4,556.70 66"h x 24"w, Segmented "S" Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering 148 1 EVPMPN30GIP $162.27 $162.27 12"h x 30"w, Single Notched Panel Mount Privacy Glass, Integrated Channel Extrusion with Aluminum Top Trim for Square Glass Paint Finish {20} Standard Paint Finish {F1} Privacy Glazing {54} Commercial or GSA Offering STD CHR AFR STD Standard Paint Colors Charcoal Frosted Commercial Furniture Offering 149 5 EVHC18R $48.97 $244.85 18", Right, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 150 5 EVHC18L $48.97 $244.85 18", LeŌ, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering Page 35 of 47 Page 113 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 151 4 EVHC12R $48.97 $195.88 12", Right, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 152 2 EVHC12L $48.97 $97.94 12", LeŌ, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 153 13 EVE8RDB $16.19 $210.47 B, Dedicated Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 154 13 EVE8RDA $16.19 $210.47 A, Dedicated Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 155 8 EVE8RD2 $16.19 $129.52 #2 UƟlity Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 156 7 EVE8RD1 $16.19 $113.33 #1 UƟlity Circuit, Duplex Receptacle, Black Commercial or GSA Offering STD Commercial Furniture Offering 157 16 EVE8PD36 $102.92 $1,646.72 36", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering 158 7 EVE8PD30 $97.94 $685.58 30", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering Page 36 of 47 Page 114 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 159 6 EVE8PD24 $72.63 $435.78 24", Power DistribuƟon Housing Commercial or GSA Offering STD Commercial Furniture Offering 160 3 EVE8FR1 $163.10 $489.30 72" Long, Floor Power Entry, Front Fed, Snaps into Knockout of Base Raceway Commercial or GSA Offering STD Commercial Furniture Offering 161 1 EVE8CP76-H $114.96 $114.96 76" - Pass Thru Cable, Flexible Metal Conduit w/Wire Mesh, Distrubutes Power Through Non-Powered Panels Commercial or GSA Offering STD Commercial Furniture Offering 162 4 EVE8CP46-H $97.11 $388.44 46" - Pass Thru Cable, Flexible Metal Conduit w/Wire Mesh, Distrubutes Power Through Non-Powered Panels Commercial or GSA Offering STD Commercial Furniture Offering 163 8 EVE8CP18 $69.31 $554.48 18" - Flexible Mesh Jumper Cable, Used to Connect 2 Power DistrubuƟon Housings Separated by Post Commercial or GSA Offering STD Commercial Furniture Offering 164 1 EVAWB2130 $144.42 $144.42 21"h x 30"w, Writeboard, Panel Mounted Commercial or GSA Offering STD Commercial Furniture Offering 165 4 RSNGEX2-FMS $513.00 $2,052.00 RisingEX Series Dual Monitor Arm w/DC & GM, Fixed + MoƟon Arms + Sliders Finish Offerings Standard Finishes Dark Silver STND PLT DKSR Standard Finishes PlaƟnum Dark Silver 166 1 EVHC24L $56.03 $56.03 24", LeŌ, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering Page 37 of 47 Page 115 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 167 7 EVPMPN36GIP $164.76 $1,153.32 12"h x 36"w, Single Notched Panel Mount Privacy Glass, Integrated Channel Extrusion with Aluminum Top Trim for Square Glass Paint Finish {20} Standard Paint Finish {F1} Privacy Glazing {54} Commercial or GSA Offering STD CHR AFR STD Standard Paint Colors Charcoal Frosted Commercial Furniture Offering 168 1 EVHC24R $56.03 $56.03 24", Right, Single CanƟlever Paint Finish {20} Standard Paint Finish {F1} Commercial or GSA Offering STD CHR STD Standard Paint Colors Charcoal Commercial Furniture Offering 169 1 EVPCPA254 $115.37 $115.37 54"h, 2 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 170 7 EVPMP36GIP $164.76 $1,153.32 12"h x 36"w, Panel Mount Privacy Glass, Integrated Channel Extrusion with Aluminum Top Trim for Square Glass Paint Finish {20} Standard Paint Finish {F1} Privacy Glazing {54} Commercial or GSA Offering STD CHR AFR STD Standard Paint Colors Charcoal Frosted Commercial Furniture Offering 171 7 EVPIC54 $41.09 $287.63 54"h, Inline Panel Connector, Includes Post & Hardware, No Trim Paint Finish {20} Standard Paint OpƟons {*I} Black Inline Connector (Use w/ Bla Commercial or GSA Offering STD STDR BLK STD Standard Paint OpƟons Black Inline Connector (Use w/ Black Horizontal Reveal) Black Inline (Must use w/ Black Horizontal Reveal) Commercial Furniture Offering Page 38 of 47 Page 116 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 172 4 EVPFE1230 $91.30 $365.20 12"h x 30"w, Fabric Extension Module, Top Trims are not Included with Extension Modules Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STD STDR CHB 01 TEK1 TX62 01 TEK1 TX62 STD Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Grade 1 TexƟles - Outside PosiƟon 1 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Tek Essence Commercial Furniture Offering 173 1 EVPFE1224 $83.42 $83.42 12"h x 24"w, Fabric Extension Module, Top Trims are not Included with Extension Modules Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STD STDR CHB 01 TEK1 TX62 01 TEK1 TX62 STD Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Grade 1 TexƟles - Outside PosiƟon 1 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Tek Essence Commercial Furniture Offering Page 39 of 47 Page 117 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 174 2 EVPFA6636S $328.27 $656.54 66"h x 36"w, Segmented "S" Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering 175 7 EVPFA6630S $280.96 $1,966.72 66"h x 30"w, Segmented "S" Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Outside PosiƟon 3 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 3 Tek Essence Commercial Furniture Offering Page 40 of 47 Page 118 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 176 14 EVPFA5436 $261.04 $3,654.56 54"h x 36"w, Segmented Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Commercial Furniture Offering 177 1 EVPCP466 $204.18 $204.18 66"h, 4 Way Post, Includes Post, Hardware & Top Cap Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 178 8 EVPFA5430 $233.23 $1,865.84 54"h x 30"w, Segmented Fabric AcousƟc Panel 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Tek {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Tek {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 TEK1 TX62 01 CHHN CN59 01 TEK1 TX62 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Outside PosiƟon 2 Tek Essence Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 2 Tek Essence Commercial Furniture Offering Page 41 of 47 Page 119 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 179 1 EVPF2W5424 $307.93 $307.93 54"h x 24"w, Writeboard Panel, Double Sided 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 CHHN CN59 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Commercial Furniture Offering 180 3 EVPERA66 $60.59 $181.77 66"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 181 1 EVPERA66 $60.59 $60.59 66"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 182 3 EVPERA54 $54.78 $164.34 54"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 183 5 EVPERA54 $54.78 $273.90 54"h, End of Run Post, Includes Post, Hardware & Aluminum Trim Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering Page 42 of 47 Page 120 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL 184 4 EVPCPA366 $175.55 $702.20 66"h, 3 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 185 4 EVPCPA266 $135.29 $541.16 66"h, 2 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 186 6 EVPCPA254 $115.37 $692.22 54"h, 2 Way Post, Includes Post, Hardware & Aluminum Trims Paint Finish {20} Standard Paint OpƟons {*I} Connectors w/ Black Inlines (Use w Commercial or GSA Offering STD STDR CHB STD Standard Paint Colors Connectors w/ Black Inlines (Use w/ Black Horizontal Rev Charcoal w/ Black Inlines Commercial Furniture Offering 187 4 EVPF2W5430 $383.88 $1,535.52 54"h x 30"w, Writeboard Panel, Double Sided 30-Panel Top Cap Removal OpƟon Frame Finish {20} Standard Paint OpƟons {*I} Panels w/ Black Horizontal Reveal Top Cap Paint Finish {80} Panel TexƟle Grade - Outside PosiƟ Panel Grade 1 TexƟles {GR} Chance {FR} Panel TexƟle Grade - Inside PosiƟo Panel Grade 1 TexƟles {GR} Chance {FR} Commercial or GSA Offering STR STD STDR CHB CHR 01 CHHN CN59 01 CHHN CN59 STD (STD) Panel Top Cap Standard Paint OpƟons Panels w/ Black Horizontal Reveal (Specify Black Reveal C Charcoal w/ Black Horizontal Reveal Charcoal Grade 1 TexƟles - Outside PosiƟon 1 Chance Cinder Grade 1 TexƟles - Inside PosiƟon 1 Chance Cinder Commercial Furniture Offering WORKSTATIONS Subtotal $58,811.88 ZFREIGHT 189 1 FREIGHT $43.25 $43.25 ZFREIGHT Subtotal $43.25 Page 43 of 47 Page 121 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL zINSTALL 191 1 INSTALL RT $14,687.00 $14,687.00 Labor to Receive, deliver and install GIS Manager / IT Manager / Leigh's Office (replace bridge with HAT), Office / RecepƟon / Work Room / 7 StaƟons All work during Regular Business Hours No stair carry Area to be free and clear Non-Union Labor zINSTALL Subtotal $14,687.00 Subtotal $127,468.69 GRAND TOTAL $127,468.69 ~Ordering Notes~ * Deposit may be due at Ɵme of order * The applicable tax will be applied at the Ɵme of invoicing * Pricing in this proposal is based on current market condiƟons and may change due to tariff adjustments or government fees. Any increases before order invoicing could adjust the ﬁnal pricing. * EsƟmated leadƟme is subject to the manufactures producƟon / shipping schedules * This proposal contains Special Order items that are Not Returnable * Once an order is placed, cancellaƟons are Not Allowed Page 44 of 47 Page 122 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL Page 45 of 47 Page 123 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL TERMS AND CONDITIONS OF PURCHASE (FURNITURE - ODP BUSINESS SOLUTIONS WORKSPACE INTERIORS) 1.ODP Business SoluƟons, LLC (“ODP Business SoluƟons”) shall make commercially reasonable efforts to install all products as quickly as possible. However, any delivery and/or installaƟon dates quoted to Customer are approximate, and ODP Business SoluƟons obligaƟon shall be only to deliver and/or install the products within a reasonable Ɵme. Also, due to certain factory shipment schedules, it is possible that ODP Business SoluƟons will be able to deliver and install porƟons of the job in phases. Customer will be invoiced for the items as they are delivered and payment will be due as set forth in SecƟon 3 below Jobsite Services. Electric current, light, heat, trash disposal faciliƟes, hoisƟng and/or elevator service, and adequate faciliƟes for off-loading, staging, moving, and handling of the Furnishings will be furnished without charge to ODP Business SoluƟons. Customer acknowledges that if the installed Furnishings require electrical hook-ups, outlets, wiring, or other similar services, at Customer’s elecƟon, ODP Business SoluƟons may provide such services through licensed subcontractors at an addiƟonal fee or Customer shall be responsible for engaging appropriate licensed professionals. 13. 2.All prices are ﬁrm for thirty (30) days from date of proposal. Permits are the responsibility of the Customer unless expressly provided in the Proposal. 14.3.Payment terms are net twenty (20) days from date of invoice, unless otherwise agreed to and as documented on the order or quote. Customer will be invoiced for items when delivery and installaƟon (if applicable) is complete, and any punch issues are less than 10% of the value of the enƟre order. In no event shall payment be withheld for delivered products and services. Customer shall pay 90% of the invoice and may withhold 10% unƟl compleƟon of the job. The balance is payable immediately aŌer any outstanding issues are resolved. If Customer is unwilling or unable to accept delivery or installaƟon of the products according to the speciﬁed schedule, the products will be stored at Customer's expense. Customer shall pay a warehouse charge payable monthly. Any double handling of a product will be charged at our normal hourly rate. 15. ODP Business SoluƟons makes no warranƟes, expressed or implied, as to merchantability or as the suitability of the products for any parƟcular purpose, except those made by the manufacturer of the products. Any claim must be made to ODP Business SoluƟons in wriƟng within ﬁve (5) days aŌer delivery or installaƟon of the products and if no claim is so received by ODP Business SoluƟons it will be conclusively presumed that Customer has accepted and that the products are as represented. 16. 4.All orders are subject to credit approval. 5.ODP Business SoluƟons requires a minimum deposit equaling 50% on all orders over $20,000. Said deposit will be applied to Customer's account unƟl such product is delivered and invoiced. Each invoice, less its proporƟonate share of the deposit, will be due and payable as set forth in SecƟon 4 above. All products and materials are subject to applicable taxes, as well as any applicable inbound freight and fabricaƟon charges. No liability shall accrue against ODP Business SoluƟons as a result of breach of terms and condiƟons caused by any strike, act of God, lockout, accident, or delay beyond its control. 17.6. 7.An order is not cancelable once in producƟon. “Quick ships” and fabric orders are not cancelable.ODP Business SoluƟons retains, and Customer hereby grants to ODP Business SoluƟons, a security interest in the products to secure the purchase price therefore. The products shall remain personal property regardless of being ﬁxed to any real property. If Customer defaults in the payment of the purchase price when due, ODP Business SoluƟons shall have all rights and remedies granted by the Uniform Commercial Code. A ﬁnance charge of 2% per month (annual percentage rate 24%) will be charged on all past due balances. Customer shall pay all collecƟon costs, including aƩorneys fee, in the event any claim is referred to a collecƟon agency or aƩorney. 18. 8.Any quotaƟon for special order products or materials shall be approved by an authorized Customer representaƟve for correct product number, fabric, speciﬁcaƟons and quanƟƟes. Any services rendered to Customer to change or modify the speciﬁcaƟon and layout before or during installaƟon will be charged to Customer at prevailing rates. If such changes or modiﬁcaƟons result in addiƟonal products, parts, materials or labor, they will be billed to Customer at prevailing rates. 9.Delivery and installaƟon services are conducted during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. If services are requested outside of normal business hours, if special handling or equipment is required, if moving of products other than delivered is required, or if there are any unusual condiƟon not made known to ODP Business SoluƟons at the Ɵme of sale, extra labor charges at prevailing rates may apply. Products shipped directly to Customer shall be the responsibility of Customer except if agreed in wriƟng that ODP Business SoluƟons will provide delivery and installaƟon services. The receiving Customer is responsible to inspect products and ﬁle any necessary freight claims with freight provider. 19. If during installaƟon, addiƟonal products are necessary or required to complete the job, such addiƟonal products and labor will be charged to Customer at prevailing rates. Manufacturer warranƟes apply for parts only. Labor is not included.20.10. All items set forth in the quotaƟon are non-returnable.21. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 22. 11.Floors shall be smooth, level and free from debris. CondiƟon of Jobsite - Customer agrees to have premises available on the requested date of installaƟon and for a reasonable Ɵme thereaŌer for installaƟon during the regular business day. Customer's job site shall be clean, clear, and free of debris prior to installaƟon. Delivery and installaƟon encumbrances which necessitate addiƟonal labor will result in extra charges. If installaƟon is to be placed over carpeƟng, Ɵles, or other ﬂoor covering, Customer hereby assures ODP Business SoluƟons that all such coverings will be completed prior to Ɵme installaƟon is scheduled. The job site shall be free of interference from all trades in the work areas, and if the job site is not free of such trade interference, the delivery and installaƟon shall not proceed unƟl such interference has been eliminated, or other arrangements are agreed to in wriƟng. ODP Business SoluƟons shall be held harmless and shall not assume liability for job delay due to failure to meet any of the preceding condiƟons. 12. Each party shall indemnify and hold harmless the other party from and against any and all third-party claims, demands, acƟons, suits, losses, liabiliƟes, damages and all related costs and expenses, including without limitaƟon reasonable aƩorneys’ fees due to, arising from or relaƟng to the negligent, willful or reckless act or omission of the indemnifying party. 23. These terms and condiƟons shall be governed by the law of the State of Florida, without regard to conﬂict of laws principles. 24. Customer PO: Customer: Title: Customer's Signature: Date: Print Name: Page 46 of 47 Page 124 Item 9. LINE QTY PRODUCT UNIT SELL EXT SELL Page 47 of 47 Page 125 Item 9. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of I.T. Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Contract for I.T. Department Remodel Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the Resolutions authorizing matching funds for projects submitted under the State and Local Cybersecurity Grant Program. Description of Agenda Item: In April 2024, the Information Technology Department applied for and was awarded four grants under the Federal State and Local Cybersecurity Grant program, administered by the State of Texas Office of the Governor (OOG). The OOG requires that the Town Council approve resolutions authorizing the expenditure of funds for the 10% match required by the grant applications. The four projects are: Grant Number 5171501: Cybersecurity Assessment of Infrastructure Grant Number 5203101: Town Hall UPS Grant Number 5240501: I.T. Department Strategic Plan Grant Number 5241301: ZTNA Implementation Project Due to the sensitive nature of items associated with the Town’s cybersecurity program, only the titles are included in this report. The Information Technology Department is prepared to provide additional details, if required, during Town Council’s Executive Session. Budget Impact: A total of $86,268 was awarded to the Town by the OOG for the four projects and the required matching funds total $9,585. The matching funds were included in the approved fiscal year 2025 budget. Attached Documents: 1. Resolution for the Cybersecurity Assessment of Infrastructure Project Information Technology Page 126 Item 10. Page 2 of 2 2. Resolution for the Town Hall UPS Project 3. Resolution for the I.T. Department Strategic Plan Project 4. Resolution for the ZTNA Implementation Project Town Staff Recommendation: Town staff recommend that the Town Council approve the Resolutions authorizing matching funds for projects submitted under the State and Local Cybersecurity Grant Program. Proposed Motion: I move to approve the Resolutions authorizing matching funds for projects submitted under the State and Local Cybersecurity Grant Program. Page 127 Item 10. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-38 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING MATCHING FUNDS FOR THE CYBERSECURITY ASSESSMENT OF INFRASTRUCTURE PROJECT FUNDED THROUGH THE 2025 STATE & LOCAL CYBERSECURITY GRANT PROGRAM; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper finds it in the best interest of the citizens of the Town of Prosper (“Town”), that the Cybersecurity Assessment of Infrastructure Project be operated for the 2025 fiscal year; and WHEREAS, the Town agrees to provide applicable matching funds for the said project as required by the State and Local Cybersecurity Grant Program grant application; and WHEREAS, the Town agrees that in the event of loss or misuse of the Office of the Governor funds, the Town assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the Town designates the Budget Officer & Grant Administrator as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: that the Town approves submission of the grant application for the Cybersecurity Assessment of Infrastructure Project to the Office of the Governor. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2025. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 128 Item 10. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING MATCHING FUNDS FOR THE TOWN HALL UPS PROJECT FUNDED THROUGH THE 2025 STATE & LOCAL CYBERSECURITY GRANT PROGRAM; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper finds it in the best interest of the citizens of the Town of Prosper (“Town”), that the Town Hall UPS Project be operated for the 2025 fiscal year; and WHEREAS, the Town agrees to provide applicable matching funds for the said project as required by the State and Local Cybersecurity Grant Program grant application; and WHEREAS, the Town agrees that in the event of loss or misuse of the Office of the Governor funds, the Town assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the Town designates the Budget Officer & Grant Administrator as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: that the Town approves submission of the grant application for the Town Hall UPS Project to the Office of the Governor. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2025. ______________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 129 Item 10. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING MATCHING FUNDS FOR THE STRATEGIC PLAN PROJECT FUNDED THROUGH THE 2025 STATE & LOCAL CYBERSECURITY GRANT PROGRAM; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper finds it in the best interest of the citizens of the Town of Prosper (“Town”), that the Strategic Plan Project be operated for the 2025 fiscal year; and WHEREAS, the Town agrees to provide applicable matching funds for the said project as required by the State and Local Cybersecurity Grant Program grant application; and WHEREAS, the Town agrees that in the event of loss or misuse of the Office of the Governor funds, the Town assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the Town designates the Budget Officer & Grant Administrator as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: that the Town approves submission of the grant application for the Town Hall UPS Project to the Office of the Governor. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2025. _____________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 130 Item 10. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-41 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING MATCHING FUNDS FOR THE ZTNA IMPLEMENTATION PROJECT FUNDED THROUGH THE 2025 STATE & LOCAL CYBERSECURITY GRANT PROGRAM; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper finds it in the best interest of the citizens of the Town of Prosper (“Town”), that the ZTNA Implementation Project be operated for the 2025 fiscal year; and WHEREAS, the Town agrees to provide applicable matching funds for the said project as required by the State and Local Cybersecurity Grant Program grant application; and WHEREAS, the Town agrees that in the event of loss or misuse of the Office of the Governor funds, the Town assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the Town designates the Budget Officer & Grant Administrator as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: that the Town approves submission of the grant application for the ZTNA Implementation Project to the Office of the Governor. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2025. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 131 Item 10. 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: Doe Branch Pedestrian Trail and Bridge CSP Award Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon rejecting all bids related to Competitive Sealed Proposal (CSP) No. 2025- 11-B for the Doe Branch Pedestrian Trail and Bridge, and direct staff to reduce the scope of the project to include only the northern section of trail along Fishtrap Road and Gee Road. Description of Agenda Item: This project is for sections of widened walkway along the south side of Gee Road between Denton Way and First Street, and a section of 10-foot-wide concrete hike and bike trail that will cross the southern end of the Town’s Doe Branch property, connecting the neighborhoods on the east and west sides of the floodplain. A pedestrian bridge will cross Doe Branch Creek, and a culvert box will cross an unnamed tributary of the main creek. The Town received eight bids, listed in the attached bid tabulation. The Competitive Sealed Proposal (CSP) procurement method was used to score the bidders. The highest scoring bidder is not the lowest cost. The highest score went to the bidder that has proposed completing the project in the shortest time. Their proposed time is 130 days at $1,458,730 compa red to the next highest scoring bidder at 200 days and $1,308,626. The engineer’s estimate for the project is $1,799,519. This was presented to the CIP Subcommittee on August 13. Their recommendation was for rejecting all 8 bids and proceeding with a substantially reduced scope of work. Trail sections on the south end of the project will be done at an undetermined time in the future for construction of the trail sections along Fishtrap Road and Gee Road on the north end of the project site. Attached Documents: 1. As read Bid Tabulation 2. CSP Scoring Matrix Town Staff Recommendation: Town staff recommend that the Town Council reject all bids related to Competitive Sealed Proposal (CSP) No. 2025-11-B for the Doe Branch Pedestrian Trail and Bridge, and direct staff to reduce the scope of the project to include only the northern section of trail along Fishtrap Road and Gee Road. PARKS AND RECREATION DEPARTMENT Page 132 Item 11. Page 2 of 2 Proposed Motion: I move to reject all bids related to Competitive Sealed Proposal No. 2025-11-B for the Doe Branch Pedestrian Trail and Bridge, and direct staff to reduce the scope of the project to include only the northern section of trail along Fishtrap Road and Gee Road. Page 133 Item 11. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Response Total Total Days 2L Construction LLC Boyd TX 7/15/2025 12:04:58 PM (CT)$1,374,632.40 230 A&C Construction, Inc.Irving TX 7/15/2025 01:08:25 PM (CT)$1,629,000.00 200 C. Green Scaping, LP Fort Worth TX 7/15/2025 11:41:28 AM (CT)$1,308,626.52 200 HQS Construction Plano TX 7/15/2025 01:02:31 PM (CT)$2,323,433.00 280 Millis Development and Construction - Dallas, LLC McKinney TX 7/15/2025 12:24:54 PM (CT)$1,637,588.00 326 Ratliff Hardscape, Ltd Lewisville TX 7/15/2025 12:52:28 PM (CT)$1,458,730.00 130 RoeschCo Construction, LLC Frisco TX 7/15/2025 09:24:20 AM (CT)$1,377,759.88 220 Vlex construction LLC Greenville TX 7/15/2025 11:45:09 AM (CT)$1,423,833.00 210 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:July 15, 2025 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. 2025-11-B Doe Branch Pedestrian Trail and Bridge 7/15/2025 at 2:00PM Page 134 Item 11. CSP NO. 2025-11-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Cost Proposal 65%9.52 6.19 8.03 5.22 10.00 6.50 5.63 3.66 7.99 5.19 8.97 5.83 9.50 6.17 9.19 5.97 Proposed Project Timeline 25%5.65 1.41 6.50 1.63 6.50 1.63 4.64 1.16 3.99 1.00 10.00 2.50 5.91 1.48 6.19 1.55 Qualifications and Experience 10%8.00 0.80 7.00 0.70 7.00 0.70 6.33 0.63 6.67 0.67 8.67 0.87 6.67 0.67 6.67 0.67 TOTAL 100%8.40 7.55 8.83 5.46 6.86 9.20 8.32 8.19 Doe Branch Pedestrian Trail and Bridge EVALUATION MATRIX 2L Construction A&C Construction C. Green Scaping RoeschCo Construction Vlex ConstructionMillis Development and Construction Ratliff HardscapeHQS Construction Page 135 Item 11. Page 1 of 2 To: Mayor and Town Council From: Carrie Jones, Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Crosswalk Construction – Prairie Road/Winding Oak & First/Artesia Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to direct Wopac Construction, Inc. to construct two crosswalks in the amount of $122,240. Description of Agenda Item: Public Works requests approval to have Wopac Construction, Inc. install two pedestrian crosswalks in response to requests from local neighborhoods and Prosper ISD. These installations will enhance pedestrian safety and provide improved access to educational facilities and community amenities. The first crosswalk will be located on Prairie Road, just west of the Prairie and Winding Oak intersection. This installation will provide a safe pedestrian crossing from the Lakes of Legacy neighborhood to the northern side of Prairie Road, enabling more direct access to Richland High School, Stuber Elementary, and Prairie Park. The second crosswalk will be positioned at the First Street and Artesia Boulevard intersection to facilitate pedestrian access to Richland High School. While this crosswalk was originally scheduled for installation concurrent with the planned signalized intersection at this location, current safety needs necessitate earlier implementation. The Prairie Road crosswalk installation requires comprehensive infrastructure improvements, including four ADA-compliant ramps, a median crossing, and a small headwall along the sidewalk to mitigate erosion caused by elevation changes between the roadway and sidewalk. The First Street crosswalk will require reconfiguration of existing ADA ramps and partial removal of the median nose currently installed on First Street. Town Council previously awarded the concrete construction contract to Wopac Construction, Inc. in September 2024 under Bid No. 2024-26-A. This contract includes a one-year term with four optional one-year renewal periods, providing the necessary framework to complete these installations. PUBLIC WORKS Page 136 Item 12. Page 2 of 2 Budget Impact: These projects will be funded out of the Traffic Improvement Fund in CIP, Project TR202537 – Crosswalk Development Projects. 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. Wopac Construction, Inc Contract 2. Wopac Construction Quote – First/Artesia 3. Wopac Construction Quote – Prairie/Winding Oak Town Staff Recommendation: Town Staff recommend that the Town Council authorize the Town Manager to direct Wopac Construction, Inc., to construct two crosswalks in the amount of $122,240. Proposed Motion: I move to approve authorizing the Town Manager to direct Wopac Construction, Inc. to construct two crosswalks in the amount of $122,240. 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 146 Item 12. Page 147 Item 12. Page 148 Item 12. Page 149 Item 12. Page 150 Item 12. Page 151 Item 12. Page 152 Item 12. Page 153 Item 12. Page 154 Item 12. Page 155 Item 12. Rate QuantityItem Description Amount Unit $38.0043 1 Item 2 - Remove 10"-12" reinforced concrete pavement.$1,634.00 SY $112.5062 2 Item 10 - Remove/replace concrete sidewalk.$6,975.00 SY $119.0084 3 Item 8 - Install 10"-12" reinforced concrete pavement. (HES) $9,996.00 SY $3,400.003 4 Item 18 - Install Barrier Free Ramps.$10,200.00 Ea $119.00100 5 Item 17 - Install Stamped patterned median pavement.$11,900.00 SY WOPAC Const. Inc. P.O. Box 819 Prosper, TX 75078 972-562-8316 adamleachwopac@aol.com wopacconst.com Quote To: Town of Prosper P.O. Box 307 Prosper, TX 75078 8/15/2025 2895 Date: Estimate No: Estimate Crosswalks and Ramps at First St. and Artesia Blvd.Job and Location: WOPAC Construction Inc. hereinafter called the company, offers to furnish all labor, materials and equipment required for the performance of the following described work. Page 156 Item 12. Rate QuantityItem Description Amount Unit $13,450.001 6 Item 19 - Miscellaneous Item for extra work - Excavate and haul off dirt, Remove and Replace 71' curb, Repair and relocate irrigation lines. $13,450.00 Grand Total $54,155.00 By:__________________ Wopac Const. Inc. By:___________________ Day:__________________ Page 157 Item 12. Rate QuantityItem Description Amount Unit $112.50300 1 Item #10 - Remove and Replace concrete sidewalk.$33,750.00 SY $3,400.002 2 Item #18 - Install Barrier Free Ramps.$6,800.00 Ea $14.00221 3 Item #15 - Install sod.$3,094.00 SY $19,340.001 4 Item #19 - Miscellaneous Item for Extra Work - Excavate and haul off extra dirt, Repair and lower Sprinkler lines, Remove 60 LF of concrete curb, Cut slope next to sidewalk to prevent erosion. (Optional - Install Concrete retaining wall along sidewalk/street to prevent erosion - additional $5100.00 NOT Included in price.) $19,340.00 LS WOPAC Const. Inc. P.O. Box 819 Prosper, TX 75078 972-562-8316 adamleachwopac@aol.com wopacconst.com Quote To: Town of Prosper P.O. Box 307 Prosper, TX 75078 8/14/2025 2893 Date: Estimate No: Estimate Crosswalk and ramps at Prairie Dr. and Winding Oak Dr.Job and Location: WOPAC Construction Inc. hereinafter called the company, offers to furnish all labor, materials and equipment required for the performance of the following described work. Grand Total $62,984.00 Page 158 Item 12. Page 1 of 2 To: Mayor and Town Council From: Dan Heischman, P.E., Assistant Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Ordinance – Impact Fee Update Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways, by amending Article 10.02, “Capital Improvements and Impact Fees,” of the Town of Prosper Code of Ordinances Description of Agenda Item: On August 12, 2025, the Town Council held a Public Hearing to receive public comments concerning the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater, and roadway utilities. At that meeting, the Town Council approved an amendment to the Town’s impact fee ordinance, including the updated LUA and CIP, based on setting the roadway, water and wastewater impact fees at 50% of the maximum allowable fee per the impact fee study. The Town will begin assessing the new fees on all final plats approved by the Planning & Zoning Commission after the adoption of this ordinance with the allowance of final plat applications that have been accepted and are currently in the review process and expected to be approved by the Planning and Zoning Commission within 90 days of this ordinance. The attached ordinance has been prepared accordingly. Budget Impact: The amount of impact fees assessed and collected directly impacts the amount of funds the Town is able to use to offset the cost of capital improvements. Legal Obligations and Review: The impact fee update process has been performed in accordance with Section 395 of the TxLGC. Attached Documents: 1. Impact Fee Ordinance ENGINEERING SERVICES Page 159 Item 13. Page 2 of 2 Town Staff Recommendation: Staff recommends that the Town Council approve an ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways, by amending Article 10.02, “Capital Improvements and Impact Fees,” of the Town of Prosper Code of Ordinances. Proposed Motion: I move to approve an ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways, by amending Article 10.02, “Capital Improvements and Impact Fees,” of the Town of Prosper Code of Ordinances. Page 160 Item 13. Ordinance No. 25-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 25-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 10.02.002, “DEFINITIONS,” BY AMENDING THE DEFINITION OF “STUDY” CONTAINED THEREIN; AMENDING SECTION 10.02.006, “IMPACT FEES ADOPTED” BY ADOPTING THE EXHIBITS ATTACHED THERETO; BY AMENDING SECTION 10.02.008. “ASSESSMENT OF IMPACT FEES,” BY AMENDING THE DATES CONTAINED THEREIN; AMENDING SECTION 10.02.009, “COMPUTATION AND COLLECTION,” RELATIVE TO APPROPRIATE LAND USE CATEGORIES AND CONSIDERATION OF ALTERNATIVE LAND USE EQUIVALENCIES; AMENDING SUBSECTION (b) OF SECTION 10.02.014, “UPDATES TO PLAN AND REVISION OF FEES; AMENDING SECTION 10.02.016, “IMPACT FEE AS ADDITIONAL AND SUPPLEMENTAL REGULATION,” BY REPLACING “TOWN COMPREHENSIVE LAND USE PLAN” WITH “TOWN COMPREHENSIVE PLAN”; AMENDING SECTION 10.02.017, “RELIEF PROCEDURES,” BY THE ADDITION OF DETAILED APPEAL PROCEDURES; REPEALING EXISTING SECTION 10.02.018, “CERTIFICATE OF COMPLIANCE STATEMENT,” IN ITS ENTIRETY; ALL OF WHICH SECTIONS ARE CONTAINED IN ARTICLE 10.02, “CAPITAL IMPROVEMENTS AND IMPACT FEES,” CONTAINED IN CHAPTER 10, “SUBDIVISION REGULATION,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE. WHEREAS, the Town of Prosper, Texas (the “Town”), is a home-rule municipality possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072 of Texas Local Government Code, and its Home Rule Charter; and WHEREAS, Senate Bill 1883, adopted by the 89th Regular Session of the Texas Legislature, amended Chapter 395 of the Texas Local Government Code relative to the frequency with which a political subdivision may increase impact fees, among others; and WHEREAS, the Town Council desires to amend its ordinances to be consistent with the new state law and further determines that the following amendments are in the best interest of the health, safety, and welfare of the citizens of the Town. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has previously adopted Ordinance Nos. 95-01, 01-24, 02-19, 02-57, 06-91, 11-71, and 17-14 of the Town of Prosper, Texas (“Town”), establishing impact fees to be assessed by the Town; and WHEREAS, the Town has fully complied with Chapter 395 of the Texas Local Government Code concerning the notice, adoption, promulgation and methodology necessary to adopt land use assumptions and a capital improvement plan establishing impact fees and has held a public hearing required by Chapter 395 of the Texas Local Government Code relative to the land use assumptions, capital improvement plan and impact fees for water, sewer and roadways; and WHEREAS, as a result of the most recent study undertaken by the Town, the Town Council desires to amend the land use assumptions and amend the capital improvement plan and the amount of impact fees for water, sewer and roadways; and Page 161 Item 13. Ordinance No. 25-__, Page 2 WHEREAS, on or before the date of the first publication of the notice of the public hearing on the proposed amendments, including the amount of the proposed impact fee per service unit, such information was made available to the public; and WHEREAS, the Town Council finds that it is in the best interest of the citizens of the Town to adopt such land use assumptions and capital improvement plan, and amend the impact fees for water, sewer and roadways. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if coped in their entirety. SECTION 2 From and after the effective date of this Ordinance, the definition of “Study” contained in Section 10.02.002, “Definitions,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Study. The “Water, Wastewater and Roadway Impact Fee Report” study, dated July 2025 and prepared by Freese & Nichols, Inc., on behalf of the Town, a copy of which is located in the Office of the Town Secretary and incorporated by reference herein, as may be amended from time to time.” SECTION 3 From and after the effective date of this Ordinance, Section 10.02.006, “Impact fess adopted,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 10.02.006 Impact fees adopted The previously adopted impact fees for roadways, water and wastewater have been reviewed, evaluated, updated and revised. The Town Council finds that: (1) the impact fees for roadways set forth in Exhibit A, “Roadway Impact Fee Schedule,” attached hereto and incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby adopted and approved; and (2) the impact fees for water set forth in Exhibit B, “Water Impact Fee Schedule,” attached hereto and incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby adopted and approved; and (3) the impact fees for wastewater set forth in Exhibit C, “Wastewater Impact Fee Schedule,” attached hereto and incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby adopted and approved.” SECTION 4 Page 162 Item 13. Ordinance No. 25-__, Page 3 From and after the effective date of this Ordinance, Section 10.02.008, “Assessment,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 10.02.008 Assessment (a) The assessment of the impact fee for any new development shall be calculated and made at the time of final plat approval (as defined in Section 10.02.002); however, for the sole purpose of phasing in the application of this Ordinance, final plats that have been approved by the Town on or before August 26, 2025, pursuant to the Town’s subdivision regulations, or for a final plat deemed approved by the Town on or before August 26, 2025, due to the Town’s failure to act, assessment for the new development to which the final plat applies shall be calculated and made in accordance with the impact fees existing on August 26, 2025. (1) If a complete application for a final plat for any new development has been accepted by the Development Services Department prior to August 26, 2025, and is approved within 90 days of that date, the assessment of impact fees shall be calculated at the 2017 rate. (2) Assessment of roadway impact fees for all non-residential development shall be based on the primary land use classification as shown on the approved site plan and shall not be portioned per any secondary or incidental uses. (b) Following initial assessment of the impact fee for a new development pursuant to subsection (a), the amount of the impact fee per service unit for that development cannot be increased, unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased meter size or additional meters or service units at the impact fee rate then in effect. (c) Following the lapse or expiration of a final plat that has been approved or a final plat deemed approved due to the Town’s failure to act, pursuant to the Town's subdivision regulations, a new assessment shall be performed at the time of new final plat approval in accordance with this Ordinance.” SECTION 5 From and after the effective date of this Ordinance, Section 10.02.009, “Computation and Collection,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 10.02.009 Computation and collection (a) The impact fees due on new development shall be collected at the time of application for a building permit or, in the cases for which no plat is submitted to the town, whether the property is located inside or outside the corporate boundaries of the town, at the time of application for building permit, utility connection or certificate of occupancy, whichever occurs first, unless an Page 163 Item 13. Ordinance No. 25-__, Page 4 agreement between the developer and the town has been executed providing for a different time of payment. (b) At the time of final plat approval, or the request for a utility connection for an area in the town’s extraterritorial jurisdiction for which a final plat was not submitted to the town, for all new developments, the town shall compute the impact fees due for the new development in the following manner: (1) The amount of each type of impact fee due (roadway, water, and/or wastewater) shall be determined by multiplying the number of each type of service units generated by the new development by the impact fee due for each type of service unit in the applicable service area set forth in exhibits A, B and/or C to section 10.02.006, respectively. The town shall determine the appropriate land use category set forth in exhibits A, B and/or C to section 10.02.006 for the computation of the impact fee. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements in the manner provided by this article. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit in exhibits A, B and/or C to section 10.02.006, and such additional fee shall be collected at the time of issuance of a new building permit, or for an area in the town’s extraterritorial jurisdiction for which a final plat was not required to be submitted to the town, prior to or at the time of enlargement of the connection to the town’s water or wastewater system. (d) The Town Manager, or his/her designee, may consider alternate service unit equivalencies as defined in Exhibits A, B and/or C to section 10.02.006, as presented by the property owner or applicant. All data and appropriate technical support data, consistent with the methodological approach in effect with the town, shall be provided. The applicant bears fully responsibility for the provision of such data at the time of fee determination. The town will make the final determination as to consideration of such data.” SECTION 6 From and after the effective date of this Ordinance, Subsection (b) of Section 10.02.014, “Updates to Plan and Revision of Fees,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances, is hereby amended to read as follows: “10.02.014. Updates to Plan and Revision of Fees. * * * (b) To the extent authorized by Section 395.0515 of the Texas Local Government Code, as amended, the Town may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly, or whether any exhibits hereto should be changed. Page 164 Item 13. Ordinance No. 25-__, Page 5 * * *” SECTION 7 From and after the effective date of this Ordinance, Section 10.02.016, “Impact fee as additional and supplemental regulation,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 10.02.016 Impact fee as additional and supplemental regulation Impact fees established by this article are additional and supplemental to, and not in substitution of, any other requirements imposed by the town on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of the town’s comprehensive plan, the capital improvements plan, the zoning ordinance, subdivision regulation and other town policies, ordinances, codes and resolutions by which the town seeks to ensure the provision of adequate public facilities in conjunction with the development of land.” SECTION 8 From and after the effective date of this Ordinance, Section 10.02.017, “Relief procedures,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 10.02.017 Relief procedures (a) The property owner or applicant for a new development may appeal the following decisions to the Town Manager, or his/her designee: (1) The applicability of an impact fee to the development; (2) The amount of an impact fee due; (3) The availability or amount of a discount against roadway impact fees; or (4) The availability or amount of a refund. (b) All appeals shall be taken with 30 days of notice of the administrative decision from which the appeal is taken. (c) The burden of proof shall be on the appellant. (d) The decision of the Town Manager, or his/her designee, may be appealed to the Town Council by filing a notice of appeal with the Development Services Department within 30 days of the Town Manager, or his/her designees’, decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the Town Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Page 165 Item 13. Ordinance No. 25-__, Page 6 (e) The Town Manager, or his/her designee, or the Town Council on appeal, shall review the evidence presented by the appellant and any reports by the Development Services Department, and determine whether the impact fee regulations have been correctly applied to the availability of a discount or refund, or to the amount of an impact fee, discount or refund applied to the proposed development.” SECTION 9 From and after the effective date of this Ordinance, Section 10.02.018, “Certificate of compliance statement,” of Article 10.02, “Capital Improvements and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety. SECTION 10 Unless otherwise set forth herein, Town Ordinance Nos. 06-91, 02-57, 02-19, 01-24, 95- 01, 11-71, and 17-14 shall remain in full force and effect for final plats that have been approved by the Town on or before August 26, 2025, pursuant to the Town’s subdivision regulations, or for a final plat deemed approved by the Town on or before August 26, 2025, due to the Town’s failure to act, as set forth in Section 10.02.008, 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 11 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Page 166 Item 13. Ordinance No. 25-__, Page 7 SECTION 12 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST , 2025. ______________________________ David Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 167 Item 13. ITE Development Code Unit % of Max % of Max Single-family detached housing 210 Dwelling Units 50%$7,597 50%$7,879 Single-Family Attached Housing 215 Dwelling Units 50%$4,607 50%$4,778 Multifamily Housing (Low-Rise, 1-3 floors)220 Dwelling Units 50%$4,122 50%$4,275 Multifamily Housing (Mid-Rise, 4-10 floors)221 Dwelling Units 50%$3,152 50%$3,269 Condominium / Townhouse 230 Dwelling Units 50%$2,910 50%$3,018 Mid-Rise Residential w/Ground Floor Commercial (4-10 Foors)231 Dwelling Units 50%$1,374 50%$1,425 Senior Adult Housing - Single Family 251 Dwelling Units 50%$1,851 50%$1,919 Senior Adult Housing - Multi-Family 252 Dwelling Units 50%$1,542 50%$1,600 Congregate Care Facility 253 Dwelling Units 50%$1,249 50%$1,295 Assisted Living Center 254 Beds 50%$1,220 50%$1,266 Continuing Care Retirement Community 255 Dwelling Units 50%$966 50%$1,002 Nursing Home 620 1,000 Sq Ft GFA 50%$3,000 50%$3,111 General Office 710 1000 sq. ft.50%$11,638 50%$12,070 Small Office Building 712 1000 sq. ft.50%$15,886 50%$16,476 Corporate Headquarters Bldg 714 1000 sq. ft.50%$9,561 50%$9,916 Medical-Dental Office 720 1000 sq. ft.50%$28,904 50%$29,977 Government Building 730 1000 sq. ft.50%$12,576 50%$13,043 U.S. Post Office 732 1000 sq. ft.50%$24,734 50%$25,652 Office Park 750 1000 sq. ft.50%$9,561 50%$9,916 Research and Development Center 760 1000 sq. ft.50%$7,208 50%$7,475 Business Park 770 1000 sq. ft.50%$8,973 50%$9,306 Automobile Sales (New)840 1000 sq. ft.50%$7,286 50%$7,556 Automobile Sales (used)841 1000 sq. ft.50%$11,290 50%$11,709 Recreational Vehicle Sales 842 1000 sq. ft.50%$3,008 50%$3,120 Auto Parts Sales 843 1000 sq. ft.50%$12,095 50%$12,544 Tire Store 848 1000 sq. ft.50%$11,693 50%$12,127 Tire Superstore 849 1000 sq. ft.50%$6,899 50%$7,155 Quick Lubrication Vehicle Shop 941 Service Positions 50%$11,972 50%$12,416 Automotive Care Center 942 1000 sq. ft.50%$7,677 50%$7,962 Automobile Parts Service Center 943 1000 sq. ft.50%$8,921 50%$9,252 Gasoline/Service Station 944 Fueling Positions 50%$6,520 50%$6,762 Convenience Store / Gas Station (2-4k sf)945 Fueling Positions 50%$6,550 50%$6,793 Convenience Store / Gas Station (4-5.5k sf)945 Fueling Positions 50%$6,550 50%$6,793 Convenience Store / Gas Station (5.5-10k sf)945 Fueling Positions 50%$6,550 50%$6,793 Self-Service Car Wash 947 Wash Stalls 50%$2,373 50%$2,461 Automated Car Wash 948 Wash Tunnels 50%$33,197 50%$34,429 Car Wash and Detail Center 949 Wash Stalls 50%$13,204 50%$13,695 Truck Stop 950 Fueling Positions 50%$51,802 50%$53,725 Fast Casual Restaurant 930 1000 sq. ft.50%$18,318 50%$18,998 Quality Restaurant 931 1000 sq. ft.50%$11,385 50%$11,808 High Turnover Restaurant (Sit-down)932 1000 sq. ft.50%$13,544 50%$14,046 Fast-Food Restaurant w/o Drive-Through Window 933 1000 sq. ft.50%$40,708 50%$42,219 Fast Food Restaurant w/ Drive-Thru 934 1000 sq. ft.50%$36,438 50%$37,791 Fast-Food Rest. w/Drive-Thru Window & No Indoor Seating 935 Drive Thru Lanes 50%$100,648 50%$104,384 Coffee/Donut Shop w/o Drive-Thru Window 936 1000 sq. ft.50%$79,160 50%$82,099 Coffee/Donut Shop w/ Drive-Thru Window 937 1000 sq. ft.50%$47,793 50%$49,567 Coffee/Donut Shop w/ Drive-Thru Window and No Indoor Seating 938 Drive Thru Lanes 50%$6,285 50%$6,518 Wine Tasting Room 970 1000 sq. ft.50%$10,670 50%$11,066 Brewery Tap Room 971 1000 sq. ft.50%$14,348 50%$14,881 Drinking Place/Bar 975 1000 sq. ft.50%$16,581 50%$17,197 Tractor Supply Store 810 1000 sq. ft.50%$4,017 50%$4,166 Construction Equipment Rental Store 811 1000 sq. ft.50%$2,840 50%$2,946 Building Materials and Lumber Store 812 1000 sq. ft.50%$6,152 50%$6,381 Free-Standing Discount Superstore 813 1000 sq. ft.50%$4,866 50%$5,046 Variety Store 814 1000 sq. ft.50%$6,999 50%$7,259 Free-Standing Discount Store 815 1000 sq. ft.50%$6,384 50%$6,621 Hardware/Paint Store 816 1000 sq. ft.50%$8,317 50%$8,626 Garden Center 817 1000 sq. ft.50%$19,912 50%$20,651 Nursery (Wholesale)818 1000 sq. ft.50%$15,034 50%$15,592 Retail/Shopping Center 820 1000 sq. ft.50%$9,325 50%$9,671 Shopping Plaza (40-150K)821 1000 sq. ft.50%$9,433 50%$9,783 Strip Retail Plaza (<40K)822 1000 sq. ft.50%$16,990 50%$17,621 Supermarket 850 1000 sq. ft.50%$24,806 50%$25,726 Convenience Store / Market 851 1000 sq. ft.50%$94,001 50%$97,490 Discount Club 857 1000 sq. ft.50%$7,307 50%$7,578 RESIDENTIAL OFFICE COMMERCIAL / Retail Automobile Related Dining Other Retail Service Area 2 (East of BNSF RR) 2025 Roadway Impact Fee Per Development Unit ITE Land Use Service Area 1 (West of BNSF RR) TOWN OF PROSPER LAND USE / VEHICLE-MILE EQUIVALENCY TABLE (LUVMET) Exhibit A Page 168 Item 13. ITE Development Code Unit % of Max % of Max Service Area 2 (East of BNSF RR) 2025 Roadway Impact Fee Per Development Unit ITE Land Use Service Area 1 (West of BNSF RR) TOWN OF PROSPER LAND USE / VEHICLE-MILE EQUIVALENCY TABLE (LUVMET) Wholesale Market 860 1000 sq. ft. 50% $3,200 50% $3,319 Sporting Goods Superstore 861 1000 sq. ft. 50% $4,052 50% $4,203 Home Improvement Superstore 862 1000 sq. ft. 50% $3,811 50%$3,952 Electronic Superstore 863 1000 sq. ft. 50% $9,686 50% $10,046 Pet Supply Superstore 866 1000 sq. ft. 50% $6,111 50% $6,338 Office Supply Superstore 867 1000 sq. ft. 50% $4,768 50% $4,945 Book Superstore 868 1000 sq. ft. 50% $30,449 50% $31,580 Discount Home Furnishing Superstore 869 1000 sq. ft. 50% $2,703 50% $2,803 Bed and Linen Superstore 872 1000 sq. ft. 50% $3,822 50% $3,964 Department Store 875 1000 sq. ft. 50% $3,546 50% $3,678 Apparel Store 876 1000 sq. ft. 50% $9,712 50% $10,072 Arts and Crafts Store 879 1000 sq. ft. 50% $16,981 50% $17,611 Pharmacy without drive thru 880 1000 sq. ft. 50% $6,330 50%$6,565 Pharmacy with drive thru 881 1000 sq. ft. 50% $8,274 50% $8,581 Furniture Store 890 1000 sq. ft. 50% $795 50% $825 Liquor Store 899 1000 sq. ft. 50% $21,268 50% $22,057 Bank Walk-In 911 1000 sq. ft. 50% $14,678 50% $15,223 Bank Drive-In 912 1000 sq. ft. 50% $31,180 50% $32,337 Hair Salon 918 1000 sq. ft. 50% $3,311 50% $3,433 Hotel 310 Rooms 50% $2,555 50% $2,650 All Suites Hotel (Extended Stay/Residency Hotel) 311 Rooms 50% $1,559 50% $1,617 Motel 320 Rooms 50% $1,559 50% $1,617 City Park 411 Acres 50% $360 50% $373 Golf Course 430 Holes 50% $15,405 50% $15,977 Golf Driving Range 432 Driving Positions 50% $6,617 50% $6,863 Batting Cages 433 Cages 50% $3,125 50% $3,241 Multi-Recreational Facility 435 1,000 Sq Ft GFA 50% $5,039 50% $5,226 Soccer Complex 488 Fields 50% $23,127 50% $23,986 Tennis and Pickleball Courts 490 Courts 50% $6,663 50% $6,911 Racquet/Tennis Club 491 Courts 50% $16,543 50% $17,157 Health/Fitness Club 492 1,000 Sq Ft GFA 50% $14,941 50% $15,495 Athletic Club 493 1,000 Sq Ft GFA 50% $9,955 50% $10,325 Health/Fitness Club 492 1,000 Sq Ft GFA 50% $14,941 50% $15,495 General Light Industrial 110 1000 sq. ft. 50% $4,387 50% $4,549 Industrial Park 130 1000 sq. ft. 50% $2,294 50% $2,380 Manufacturing 140 1000 sq. ft. 50% $5,981 50% $6,203 Warehousing 150 1000 sq. ft. 50% $1,352 50% $1,402 Mini Warehouse (Self Storage) 151 1000 sq. ft. 50% $1,094 50% $1,135 Data Center 160 1000 sq. ft. 50% $553 50% $574 Utilities 170 1000 sq. ft. 50% $13,282 50% $13,775 Hospital 610 Beds 50% $8,594 50% $8,913 Clinic 630 1,000 Sq Ft GFA 50% $18,763 50% $19,460 Animal Hospital/Veterinary Clinic 640 1,000 Sq Ft GFA 50% $17,950 50% $18,616 Free-Standing Emergency Room 650 1,000 Sq Ft GFA 50% $7,780 50% $8,069 Elementary School 520 Students 50% $367 50% $381 Middle/Jr high school 522 Students 50% $424 50% $440 High School 525 Students 50% $396 50% $411 School District Office 528 1,000 Sq Ft GFA 50% $5,771 50%$5,985 Private School (K-8) 530 Students 50% $1,086 50% $1,126 Private School (K-12) 532 Students 50% $710 50% $736 Charter Elementary School 536 Students 50% $668 50% $693 Jr. / Community College 540 Students 50% $311 50% $323 University / College 550 Students 50% $424 50% $440 Church/House of Worship 560 1,000 Sq Ft GFA 50% $2,125 50%$2,204 Synagogue 561 Member Families 50% $1,171 50% $1,215 Mosque 562 1,000 Sq Ft GFA 50% $18,304 50% $18,983 Day Care Center 565 Students 50% $921 50% $955 Cemetary 566 Employees 50% $7,698 50% $7,984 Fire and Rescue Station 575 1,000 Sq Ft GFA 50% $857 50% $888 Library 590 1,000 Sq Ft GFA 50% $15,168 50% $15,731 INSTITUTIONAL SERVICES LODGING RECREATIONAL INDUSTRIAL MEDICAL Page 169 Item 13. Meter Size Meter Type Water Impact Fee (50% of the Maximum) 1" Displacement $5,969 1-1/2" Displacement $11,938 1-1/2" Turbine $19,100 2" Displacement $19,100 2" Turbine $23,876 3" Compound $53,721 3" Turbine $53,721 4" Compound $119,380 4" Turbine $143,256 6" Compound $238,760 6" Turbine $298,450 8" Turbine $477,520 10" Turbine $775,970 Meter Size Meter Type Wastewater Impact Fee (50% of the Maximum) 1" Displacement $8,421 1-1/2" Displacement $16,842 1-1/2" Turbine $26,947 2" Displacement $26,947 2" Turbine $33,684 3" Compound $75,789 3" Turbine $75,789 4" Compound $168,420 4" Turbine $202,104 6" Compound $336,840 6" Turbine $421,050 8" Turbine $673,680 10" Turbine $1,094,730 Exhibit B: Water Impact Fee Schedule Exhibit C: Wastewater Impact Fee Schedule Page 170 Item 13. Page 1 of 5 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 607 East First Street Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone 0.7± acres from Single Family-15 to Planned Development-Downtown Office on Collin County School Land Survey 12, Abstract 147, Tracts 39 & 177, located on the northwest corner of Lane Street and First Street. (ZONE-25-0001) Future Land Use Plan: The Future Land Use Plan recommends Old Town District.  The Old Town District recommends a variety of boutique type land uses, ranging from unique and local and local retail establishments, restaurants, and offices. Additionally, it is recommended that historic homes within the Old Town District, particularly areas along First Street and Broadway, may gradually convert to boutique office and retail establishments. PLANNING Page 171 Item 14. Page 2 of 5 Zoning: The property is zoned Single Family-15. Thoroughfare Plan: This property has direct access to Lane Street and First Street. Parks Master Plan: The Parks Master Plan does not indicate that a park is needed on the subject property. Hike & Bike Trail: The Hike & Bike Trail Master Plan does not recommend a hike and bike trail along the 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 support, one with specified restrictions, of 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 7. Exhibit D – Conceptual Plan 8. Exhibit E – Development Schedule 9. Exhibit F – Elevations 10. Exhibit G – Landscape Plan 11. Draft Development Agreement 12. Letter of Support (With Restrictions) – Pool, J. 13. Letter of Support – Saunders, C. 14. PowerPoint Slides Description of Agenda Item: The purpose of this request is to rezone the property from Single Family-15 to a Planned Development with a base zoning of Downtown Office, to allow for the property to be sold as is for residential uses as well as limited commercial uses in the future. The future buyer will develop the site based on the permitted uses and regulations stipulated in the Planned Development. Compatibility: The proposed zoning change would not be out of character with the existing neighborhood due to similar conversions of residential structures to commercial structures near the property. Businesses such as Ameriprise Financial (Craig A. Saunders), Prosper Pantry, and Social House Chiropractic, etc. are all located along First Street and zoned Downtown Office. The surrounding properties and the Future Land Use Plan demonstrate that the proposed zoning change is consistent with both the current zoning districts and long-term vision in this area. Page 172 Item 14. Page 3 of 5 The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Single Family-15 Single-Family Residential Old Town District North Single Family-15 Single-Family Residential Old Town District East Downtown Office Professional Office Old Town District South Single Family-15 Single-Family Residential Old Town District West Single Family-15 Single-Family Residential Old Town District District Regulations: The district regulations within the Planned Development compared to the regulations in the Downtown Office District in the Town’s Zoning Ordinance are shown below. DTO Regulations (Zoning Ordinance) Proposed Regulations (Development Standards) Size of Yards Front: 25’ Side: 5’ (Adj. to Residential) 15’ (Adj. to First Street) Rear: 10’ Front: 25’ Side: 5’ (Adj. to Residential) 15’ (Adj. to First Street) Rear: 10’ Size of Lots Minimum Area: 6,000 SF Minimum Lot Width: 50’ Minimum Lot Depth: 120’ Minimum Area: 6,000 SF Minimum Lot Width: 50’ Minimum Lot Depth: 120’ Maximum Height Stories: Two Stories or 40’ Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 55 Percent Lot Coverage: 55 Percent Page 173 Item 14. Page 4 of 5 Uses: The list of permitted uses within this Planned Development is shown below.  By Right: o Administrative/Medical and Professional Office o Architectural or Interior Design Studio o Boutique Retail o Materials Showroom o Single-Family Dwelling  By Specific Use Permit: o Bed and Breakfast o Coffee Shop o Tea Room Landscaping: The landscaping regulations within the Planned Development compared to the regulations in the Town’s Zoning Ordinance are shown below. DTO Regulations (Development Standards) Proposed Regulations (Development Standards) Adjacent to Thoroughfares Easement: 5’ (Legacy Drive) 5’ (First Street) Plantings: One ornamental tree every 30 linear feet. Easement: 5’ (Legacy Drive) 5’ (First Street) Plantings: One ornamental tree every 30 linear feet. Adjacent to Residential Development Buffer: 5’ (Northern Boundary) 5’ (Western Boundary) Plantings: One ornamental tree every 30 linear feet. Buffer: 5’ (Northern Boundary) 5’ (Western Boundary) Plantings: One ornamental tree every 30 linear feet. Architectural Standards: The architectural standards within this Planned Development are shown below.  Permitted Building Materials: o Clay Fired Brick o Granite o Marble o Stone (Natural, Precast, or Manufactured) o Other Materials as Approved by Director of Development Services  Design: o Existing Structures  Exterior alterations, not related to maintenance, must be approved by the Director of Development Services. Page 174 Item 14. Page 5 of 5 o New Structures  Buildings shall incorporate covered porches into the front façade, a multiplicity of roof forms, and high pitch roof lines.  Architectural styles such as Craftsman, Folk Traditional, and Victorian are recommended. Screening and Fencing: The screening and fencing standards within this Planned Development require a six-foot cedar board-on-board wooden fence to be installed adjacent to residential development. Town Staff Recommendation: The proposed zoning request is compliant with the Future Land Use Plan designation of this area as Old Town District. Additionally, the proposed zoning request is consistent with the surrounding area based upon previous conversions of residential structures to commercial along First Street. Lastly, the Planned Development allows for a Development Agreement that requires Town approval for alterations on existing structures and ensures the building materials for any new structures. For these reasons, Town Staff recommends approval of the request to rezone 0.7± acres from Single Family-15 to Planned Development-Downtown Office on Collin County School Land Survey 12, Abstract 147, Tracts 39 & 177, located on the northwest corner of Lane Street and First Street. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended approval of this item by a vote of 4-0 at their meeting on August 5, 2025. Proposed Motion: I move to approve/deny the request to rezone 0.7± acres from Single Family-15 to Planned Development-Downtown Office on Collin County School Land Survey 12, Abstract 147, Tracts 39 & 177, located on the northwest corner of Lane Street and First Street. Page 175 Item 14. Page 176 Item 14. Page 177 Item 14. Future Land Use Exhibit Page 178 Item 14. Exhibit “A-1” Metes & Bounds Description of Property BEING A 0.681 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, BEING ALL THAT CERTAIN TRACT OF LAND CONVEYED IN DEED TO CARRIE ANN GAPPINGER, ASRECORDED IN INSTRUMENT NO. 20200131000139690, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OF LAND CONVEYED IN DEED TO CARRIE A. GAPPINGER, AS RECORDED IN INSTRUMENT NO. 20130114000055400, SAID OFFICIAL PUBLIC RECORDS, SAID TRACTS BEING FULLY DESCRIBED BY METES AND BOUNDS IN DEED RECORDED IN INSTRUMENT NO. 20070705000921820, SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH IRON ROD SET WITH CAP STAMPED “PREMIER SURVEYING” AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, SAID IRON ROD BEIN THE INTERSECTION OF THE WEST LINE OF S. LANE STREET AND THE NORTH LINE OF E. FIRST STREET; THENCE NORTH 89° 59' 16” WEST, A DISTANCE OF 121.92 FEET ALONG SAID NORTH LINE TO A 1/2-INCH IRON ROD SET WITH CAP STAMPED “PREMIER SURVEYING” AT THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 00° 06' 38” EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 243.17 FEET TO A 1/2-INCH IRON ROD SET WITH CAP STAMPED “PREMIER SURVEYING” AT THE NORTHWEST CORNER OF THIS TRACT, SAID IRON ROD BEING ON THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO TERRANCE G. QUIGLEY AND WIFE, LINDA CAROL QUIGLEY, AS RECORDED IN INSTRUMENT NO. 93-0096153, AFORESAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 89° 54' 45” EAST, A DISTANCE OF 122.00 FEET TO AN “X” SET IN CONCRETE AT THE NORTHEAST CORNER OF THIS TRACT AND THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO INYMAC LLC, AS RECORDED IN INSTRUMENT NO. 20210428000849260, SAID OFFICIAL PUBLIC RECORDS, SAID “X” BEING ON THE AFORESAID WEST LINE OF S. LANE STREET; THENCE SOUTH 00° 07' 49” WEST, A DISTANCE OF 243.01 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING AND CONTAINING 29,648 SQUARE FEET OR 0.681 OF ONE ACRE OF LAND. *See Survey for signed Metes and Bounds Description * Page 179 Item 14. S 00° 07' 49" W 243.01' N 00° 06' 38" E 243.17'S 89° 54' 45" E 122.00'N 89° 59' 16" W 121.92'N 89° 54' 45" W 99.63'N 00° 07' 49" E 75.00'N 89° 54' 45" W 111.00'N 00° 07' 49" E 46.00' N 00° 07' 49" E 121.00'0'15'30'60'SCALE: 1"= 30'QUIGLEY TRACTS.W. COR.1/2" IRFCMQUIGLEY TRACTN.E. COR.1/2" IRFCM1/2" IRF1/2" IRF16.6'1.0'6.3'5.1'7.4'26.5'0.8'5.1'13.0'0.9'16.5'6.1'16.0' 16.0'16.0'16.5'A / C A / C 53.5'59.9'1.3'12.2'FLAG POST13.4'7.5'23.5'9.5'1/2" IRSWMETERWATERUTILITY POLESMAILBOXUTILITYPOLE15.3'29.1'ONE STORYFRAMEUTILITY POLEANCHOR12.2'16.2'IN CONC."X" SETMETAL POST 1.4'1/2" IRS1.3'2.0'1.2'3.8'1.1'TWO STORYRESIDENCE607 E. FIRST STREETFRAMEE. FIRST STREETS. LANE STREET1/2" IRSGUYONE STORY FRAME POINT OFBEGINNINGCARRIE A. GAPPINGER29,648 SQ. FT.0.681 AC.INST. NO. 20130114000055400O.P.R.C.C.T.CARRIE ANN GAPPINGERINST. NO. 20200131000139690O.P.R.C.C.T.CALLED 0.411 AC.CALLED 0.390 AC.ANDRECORDED ININST. NO. 20070705000921820O.P.R.C.C.T.DESCRIBED IN DEEDFULL TRACTLAND SURVEYABSTRACT NO . 147COLLIN COUNTY SCHOOLO.P.R.C.C.T.INST. NO. 20210428000849260INYMAC LLCWIFE, LINDA CAROL QUIGLEYINST. NO. 93-0096153O.P.R.C.C.T.TERRANCE G. QUIGLEY ANDGINA GAIL RUTHERFORDINST. NO. 93-0102646O.P.R.C.C.T.VOL. 2853, PG. 4975' PUBLIC UTILITY EASEMENTD.R.C.C.T.(REFERENCE BEARING)607 E. FIRST STREETCITY OF PROSPERCOLLIN COUNTY, TEXASTTOVERHEAD TELEPHONE LINECOVERED AREAGRAVELWROUGHT IRON FENCEECONCRETEBRICKWOODSTONECM = CONTROLLING MONUMENTASPHALTIRF = IRON ROD FOUNDIRS = IRON ROD SET WITH CAPMFCP = METAL FENCE COR POSTWFCP = WOOD FENCE COR POSTBRICK WALLSTONE WALLEWOOD FENCEBARBWIRE FENCEOVERHEAD ELECTRIC LINER.R. TIE RETAINING WALLCHAIN LINK FENCEPROPERTY DESCRIPTION:BEING A 0.681 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTYSCHOOL LAND SURVEY, ABSTRACT NO. 147, BEING ALL THAT CERTAINTRACT OF LAND CONVEYED IN DEED TO CARRIE ANN GAPPINGER, ASRECORDED IN INSTRUMENT NO. 20200131000139690, OFFICIAL PUBLICRECORDS, COLLIN COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OFLAND CONVEYED IN DEED TO CARRIE A. GAPPINGER, AS RECORDED ININSTRUMENT NO. 20130114000055400, SAID OFFICIAL PUBLIC RECORDS, SAIDTRACTS BEING FULLY DESCRIBED BY METES AND BOUNDS IN DEEDRECORDED IN INSTRUMENT NO. 20070705000921820, SAID OFFICIAL PUBICRECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES ANDBOUNDS AS FOLLOWS:BEGINNING AT A 1/2-INCH IRON ROD SET WITH CAP STAMPED “PREMIERSURVEYING” AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBEDTRACT, SAID IRON ROD BEIN THE INTERSECTION OF THE WEST LINE OF S.LANE STREET AND THE NORTH LINE OF E. FIRST STREET;THENCE NORTH 89° 59' 16” WEST, A DISTANCE OF 121.92 FEET ALONG SAIDNORTH LINE TO A 1/2-INCH IRON ROD SET WITH CAP STAMPED “PREMIERSURVEYING” AT THE SOUTHWEST CORNER OF THIS TRACT;THENCE NORTH 00° 06' 38” EAST, DEPARTING SAID NORTH LINE, ADISTANCE OF 243.17 FEET TO A 1/2-INCH IRON ROD SET WITH CAP STAMPED“PREMIER SURVEYING” AT THE NORTHWEST CORNER OF THIS TRACT, SAIDIRON ROD BEING ON THE SOUTH LINE OF THAT CERTAIN TRACT OF LANDDESCRIBED IN DEED TO TERRANCE G. QUIGLEY AND WIFE, LINDA CAROLQUIGLEY, AS RECORDED IN INSTRUMENT NO. 93-0096153, AFORESAIDOFFICIAL PUBLIC RECORDS;THENCE SOUTH 89° 54' 45” EAST, A DISTANCE OF 122.00 FEET TO AN “X” SETIN CONCRETE AT THE NORTHEAST CORNER OF THIS TRACT AND THESOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED INDEED TO INYMAC LLC, AS RECORDED IN INSTRUMENT NO.20210428000849260, SAID OFFICIAL PUBLIC RECORDS, SAID “X” BEING ONTHE AFORESAID WEST LINE OF S. LANE STREET;THENCE SOUTH 00° 07' 49” WEST, A DISTANCE OF 243.01 FEET ALONG SAIDWEST LINE TO THE POINT OF BEGINNING AND CONTAINING 29,648 SQUAREFEET OR 0.681 OF ONE ACRE OF LAND.GENERAL NOTES1.) THE BASIS OF BEARINGS FOR THIS SURVEY WAS DERIVED FROM DATA PROVIDED IN THE DEEDRECORDED IN INST. NO. 20070705000921820, O.P.R.C.C.T.2.) THERE ARE NO VISIBLE CONFLICTS OR PROTRUSIONS, EXCEPT AS SHOWN. FENCES MAY BEMEANDERING.3.) THIS SURVEY IS FOR THE EXCLUSIVE USE OF THE NAMED CLIENT, MORTGAGE COMPANY, TITLECOMPANY, OR OTHER, AND IS MADE PURSUANT TO THAT ONE CERTAIN TITLE COMMITMENT UNDER THEGF NUMBER LISTED HEREON.4.) AS OF THIS DATE, ALL EASEMENTS, RIGHTS-OF-WAY OR OTHER LOCATABLE MATTERS OF RECORDSHOWN OR NOTED HEREON WERE DERIVED FROM THE RECORDED PLAT, THE VESTING DEED, OR THETITLE REPORT AND SUPPORTING DOCUMENTS. ALL SUCH ITEMS WERE OBTAINED DURING THERESEARCH PHASE OF THIS SURVEY OR PROVIDED BY THE CLIENT/TITLE COMPANY LISTED HEREON.PREMIER SURVEYING MAKES NO REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF SUCHITEMS AND HAS MADE NO ATTEMPTS TO OBTAIN OR SHOW ANY ADDITIONAL RESTRICTIONS ON OR NEARTHIS PROPERTY PUT IN PLACE BY LOCAL MUNICIPALITIES OR ASSOCIATIONS.5.) THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES.6.) THIS SURVEY IS NOT INTENDED TO ADDRESS OR IDENTIFY WETLANDS, FAULT LINES, TOXIC ORHAZARDOUS WASTE AREAS, SUBSIDENCE OR ANY OTHER ENVIRONMENTAL OR GEOLOGICAL ISSUE.7.) THE EXISTING UTILITIES DEPICTED HEREON ARE BASED ON FIELD LOCATION OF VISIBLE, ABOVEGROUND EVIDENCE. UTILITIES AND OTHER MINOR IMPROVEMENTS MAY EXIST THAT ARE NOT SHOWN ONTHIS SURVEY. PREMIER SURVEYING IS NOT RESPONSIBLE FOR THE EXACT LOCATION OF SUBSURFACEUTILITIES, NOR FOR ANY DAMAGES BY ANY CONSTRUCTION OR EXCAVATION ON OR NEAR SAID UTILITIES.8.) SYMBOLS AS SHOWN IN THE LEGEND ARE NOT TO SCALE AND MAY HAVE BEEN MOVED FROM THEACTUAL HORIZONTAL LOCATION FOR CLARITY.FEMA NOTEBORROWER:GF#:PREMIER JOB #:TECH:FIELD DATE:24-09255MSP/AV01/06/252442615-ATDATITLE CO.:FIELD:MJSURVEYOR'S CERTIFICATION:THIS IS TO CERTIFY THAT ON THIS DATE A SURVEY WAS MADE ON THE GROUND, UNDER MY SUPERVISION ANDREFLECTS A TRUE AND CORRECT REPRESENTATION OF THE DIMENSIONS AND CALLS OF PROPERTY LINES ANDLOCATION AND TYPE OF IMPROVEMENTS. THERE ARE NO VISIBLE AND APPARENT EASEMENTS, CONFLICTS,INTRUSIONS OR PROTRUSIONS, EXCEPT AS SHOWN. THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTIONPURPOSES AND IS FOR THE EXCLUSIVE USE OF THE HEREON NAMED PURCHASER, MORTGAGE COMPANY, ANDTITLE COMPANY ONLY AND THIS SURVEY IS MADE PURSUANT TO THAT CERTAIN TITLE COMMITMENT UNDER THEGF NUMBER SHOWN HEREON, PROVIDED BY THE TITLE COMPANY NAMED HEREON AND THAT THIS DATE, THEEASEMENTS, RIGHTS-OF-WAY, OR OTHER LOCATABLE MATTERS OF RECORD THAT THE UNDERSIGNED HASKNOWLEDGE OR HAS BEEN ADVISED ARE AS SHOWN OR NOTED HEREON. THIS SURVEY IS SUBJECT TO ANY ANDALL COVENANTS AND RESTRICTIONS PERTAINING TO THE RECORDED DEED REFERENCED HEREON.FLOOD INFORMATION:THE SUBJECT PROPERTY DOES NOT APPEAR TO LIE WITHIN THE LIMITS OF A 100-YEAR FLOOD HAZARD ZONEACCORDING TO THE MAP PUBLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND HAS A ZONE "X"RATING AS SHOWN BY MAP NO. 48085C0235 J, DATED JUNE 2, 2009.DATE:01/07/25IPF = IRON PIPE FOUNDHEATHER FUJIKAWA ANDINDEPENDENCE TITLETYSON FUJIKAWASTAMPED "PREMIER" David ApplePage 180Item 14. Exhibit “B” Statement of Intent & Purpose 4/15/25 607 East First Street Prosper, TX 75078 Current Zoning: SF-15 Proposed Zoning: Planned Development Intent & Purpose of Proposed Rezoning: House Sprucing, owned by Heather & Tyson Fujikawa intends to utilize the existing structure as an Interior Design studio, utilizing the home for both design offices and a space for clients to review material selections to improve their ability to better service the Prosper area. The exterior of the home will not be significantly altered as a part of the change from a residential use. Keeping the historical nature of the home is viewed as an asset. Minor interior improvements may occur at a later date. At this time, no square footage will be added or removed. We believe this use is consistent with adjacent parcels, which have previously re-zoned to Downtown Office District. A few examples of businesses located within a block of the subject parcel: CR Lending - 509 First Street Prosper Pantry- 608 First Street Social House Chiropractic - 704 E First Street Ameriprise Financial Services - 705 E First Street Prosper Insurance Agency - 713 E First Street never been site planned Page 181 Item 14. Exhibit “B” Statement of Intent & Purpose (Continued) Property Description: The applicant has provided a location for off-street parking as required by city ordinance. The main floor would serve as a showroom for client use, while the upstairs would be utilized by House Sprucing staff to complete design and production work. A small sign will be necessary. This sign will comply with signage regulations and be similar to the Prosper Pantry sign in scale. Submitted by: Heather & Tyson Fujikawa Josh McKinney (Project Representative - Measure Group) Page 182 Item 14. ZONE-25-0001 Exhibit “C” Development Standards This tract shall develop under the regulation of the Downtown Office (DTO) 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: • Administrative, Medical, and Professional Office • Architectural or Interior Design Studio • Bed and Breakfast S • Boutique Retail • Coffee Shop S • Materials Showroom • Single-Family Dwelling • Tea Room S 2.0 District Regulations 2.1 The district regulation requirements within this Planned Development District are as follows: • Size of Yards o Front Setback (Lane Street) – 25’ o Side Setback (Northern Boundary) – 5’ o Side Setback (First Street) – 15’ o Rear Setback (Western Boundary) – 10’ • Size of Lots o Minimum Lot Area – 6,000 SF o Minimum Lot Width – 50’ o Minimum Lot Depth – 120’ • Maximum Height o Two stories, no greater than 40’. • Maximum Lot Coverage o Fifty-Five Percent (55%) Page 183 Item 14. 3.0 Landscaping & Open Space 3.1 The landscaping requirements within this Planned Development District are as follows: • Northern Boundary (Adjacent to Residential) – 5’ Landscape Buffer o One ornamental tree every 30 linear feet. • Eastern Boundary (Adjacent to Lane Street) – 5’ Landscape Buffer o One ornamental tree every 30 linear feet. • Southern Boundary (Adjacent to First Street) – 5’ Landscape Buffer o One ornamental tree every 30 linear feet. • Western Boundary (Adjacent to Residential) – 5’ Landscape Buffer o One ornamental tree every 30 linear feet. 3.2 The open space requirements within this Planned Development District are as follows: • Seven percent (7%) of the lot area is required to be open space. 4.0 Screening 4.1 The screening requirements within this Planned Development District are as follows: • Six-foot (6’) cedar board-on-board wooden fence adjacent to residential development on the northern and western boundaries. 5.0 Architectural Standards 5.1 The architectural standards within this Planned Development District are as follows: • Existing Structures o Exterior alterations not related to maintenance must be approved by the Director of Development Services. • New Structures o Shall consist of masonry materials including clay fired brick, natural, precast, and manufactured stone, granite, and marble. Other materials may be approved by the Director of Development Services. o Shall incorporate covered porches into the front façade, a multiplicity of roof forms, and high pitch roof lines. Recommended architectural styles are Craftsman, Folk Traditional, and Victorian. Page 184 Item 14. OEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOE OE OE OE OE OE 15.0' 25.0' 9.0' 18.0' 5.0'9.0' 24.0' 352326(' /$1'6&$3( ($6(0(17 5(029((;,67,1* &+,&.(1&223 5(029((;,67,1* 322/ (;,67,1*)(1&( 725(0$,1 ),567675((7 /$1(675((7(;,67,1*)(1&( 725(0$,1 52:52: 87,/,7<($6(0(17 ($67),567675((7 (;,67,1*+20( 6)0$,1/(9(/ (;,67,1*6+(' 725(0$,1 352326(' 3$5.,1*$5($ (;,67,1*)(1&( 725(0$,1 (;,67,1*)(1&( 725(0$,1 JOSH MCKINNEY | G:\Shared drives\Measure Group File Server\32-Aspire Realty\Prosper\Application Materials\Propster Plans.dwg | 1/12/2023 5:52 PM SCALE IN FEET 0 2010 ʩʣʪʸʴˆˇʹʼ˅ˆˇˆˇ˅ʸʸˇ ʴʶ˅ʸʴʺʸʭʣʡʩʫʤʴʶ˅ʸˆ ˇ˂ˊˁ˃˅˂ʽʸʶˇˁˈˀʵʸ˅ʭ ʸˋʻʼʵʼˇʷʠʶ˂ˁʶʸ˃ˇ˃ʿʴˁ ˃˅˂ˆ˃ʸ˅ʟˇʸˋʴˆ ʴ˃˅ʼʿʫʟʥʣʥʨ Page 185 Item 14. Exhibit “E” Development Schedule The applicant intends to begin business operations at this location within 90 days of obtaining the required rezoning. Page 186 Item 14. Exhibit “F” Elevations Only Minor alterations of the exterior are anticipated (maintenance related painting). View from First Street Looking North all facade plans shall receive approval from the Director of Development Services Zone-25-0001 Page 187 Item 14. View from side yard, looking East Page 188 Item 14. View from First Street Looking Northeast Page 189 Item 14. View from lane Street Looking South/Southwest Page 190 Item 14. OEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOE OE OE OE OE OE 15.0' 25.0' 9.0' 18.0' 5.0'9.0' 24.0' PROPOSED LANDSCAPE EASEMENT REMOVE EXISTING CHICKEN COOP REMOVE EXISTING POOL EXISTING FENCE TO REMAIN FIRST STREET LANE STREETEXISTING FENCE TO REMAIN ROWROW UTILITY EASEMENT 607 EAST FIRST STREET EXISTING HOME 1,365 SF - MAIN LEVEL EXISTING SHED TO REMAIN 4 HT 2 BO 46 TS 9 TS PROPOSED PARKING AREA JOSH MCKINNEY | G:\Shared drives\Measure Group File Server\32-Aspire Realty\Prosper\Application Materials\Propster Plans.dwg | 1/12/2023 5:52 PM SCALE IN FEET 0 2010 607 EAST FIRST STREET ACREAGE: 0.681 ACRES TOWN PROJECT NUMBER: EXHIBIT G - LANDSCAPE PLAN PROSPER, TEXAS APRIL 8, 2025 SYMBOL CODE COMMON / BOTANICAL NAME SIZE TYPE QTY TREES BO BURR OAK / QUERCUS MACROCARPA B & B 2.5"CAL 2 ORN. TREES HT THORNLESS HAWTHORN / CRATAEGUS CRUS-GALLI `INERMIS`B & B 2.5"CAL 4 CODE COMMON / BOTANICAL NAME SIZE TYPE QTY SHRUBS TS BIRCHLEAF SPIREA / SPIRAEA BETULIFOLIA `TOR`5 GAL 55 PLANT SCHEDULE 3" Cal 3" Cal 5’10’ Variable ROW Dedication as required for Town CIP project. ZONE-25-0001 Parking shown is general concept of parking spaces to be provided. The final configuration will depend on the final parking space count. Parking spaces shall be shifted to accommodate a 15-foot setback before the first stall, measured from the right-of-way line. If it is deemed that more than four to five spaces are required based on the proposed use, the parking area will be shifted more north to accommodate the increase. Page 191 Item 14. Page 1 of 12 607 EAST FIRST STREET DEVELOPMENT AGREEMENT THIS 607 EAST FIRST STREET DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Carrie Gappinger (“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 607 East First Street (“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 _______, 2025, 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 192 Item 14. Page 2 of 12 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 paraphernalia; (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 that 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 193 Item 14. Page 3 of 12 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: Carrie Ann Gappinger 607 E. First Street Prosper, Texas 75078 Attention: Carrie Gappinger 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 194 Item 14. Page 4 of 12 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 195 Item 14. Page 5 of 12 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 196 Item 14. Page 6 of 12 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 197 Item 14. Page 7 of 12 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 ______________, 2025, 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 198 Item 14. Page 8 of 12 DEVELOPER: CARRIE ANN GAPPINGER By: _____________________________ Name: Carrie Gappinger Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2025, by Carrie Gappinger on behalf of Carrie Ann Gappinger, 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 199 Item 14. Page 9 of 12 EXHIBIT A (Property Description & Depiction) Page 200 Item 14. Page 10 of 12 EXHIBIT B (Building Materials) Architectural and Material Standards. i. Review and Approval Process. 1. The conceptual elevations are intended to evoke a general look and feel of the architecture. Changes to materials and architectural elements are permitted so long as the building elevations adhere to the regulations outlined in the Design Guidelines of this Exhibit B. ii. Design Guidelines. 1. Exterior alterations to existing structures, not related to maintenance, must be approved by the Director of Development Services. 2. New structures shall consist of masonry materials including clay fired brick, natural, precast, and manufactured stone, granite, three -step stucco, and marble. Other materials may be approved by the Director of Development Services. 3. New structures shall incorporate covered porches into the front façade, a multiplicity of roof forms, and high pitch roof lines. Recommended architectural styles are Craftsman, Folk Traditional, and Victorian. Page 201 Item 14. Page 11 of 12 Page 202 Item 14. Page 12 of 12 Page 203 Item 14. 1 Trey Ramon From:Jaime Pool <Jaime.Pool@outlook.com> Sent:Tuesday, May 13, 2025 9:42 AM To:Planning Subject:[*EXTERNAL*] - Re Zoning 25-0001 Request - 607 E 1st Street, Prosper, Texas 75078 ***** 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. ***** Planning Dept, Please accept this email to support a few objections/concerns I have regarding the proposed zoning change 25-0001. I understand the proposed use is for a business office such as a small architectural/design office. While I do not object to this type of commercial office use; as a local resident I do have some concerns about the re-development of its lot if this zoning request is to be permitted. If the North side of their lot (the backyard area) is converted into parking spaces for the business, I would have concerns as a neighbor having to look at a busy parking lot from my home. I understand they would need to make parking available for a business but I would suggest they need to implement some sort of barrier, or wall (that is aesthetically pleasing), to hide the parking lot from visibility. If this property is zoned commercial I am okay with that as long as extra precautions are made to keep in with the local look and feel. I would not support this request if the current projected use (small business office) could in the future change into a larger commercial building, like a pre-school or medical office building with heavier traffic. That would be concerning as a resident. I understand East 1st Street & Broadway Street is becoming popular for commercial use and I feel there should be strict criteria/restrictions given to these zoning requests in our area here as it is still largely residential. I am not opposed to these changes on these streets but I would be if it disturbed the peace of our neighborhood such as: the noise level, traffic, building structure/privacy, et cet. Thank you for your time. Regards, Jaime Pool Page 204 Item 14. Page 205 Item 14. Planned Development 607 East First Street (ZONE-25-0001) Page 206 Item 14. Agenda Item Conduct a Public Hearing and consider and act upon a request to rezone 0.7±acres from Single Family-15 to Planned Development-Downtown Office on Collin County School Land Survey 12, Abstract 147, Tracts 39 & 177, located on the northwest corner of Lane Street and First Street. (ZONE-25-0001) Page 207 Item 14. Proposal Purpose: •Potentially convert existing residential structure to commercial structure in the future. •Future buyer to develop site based on limited commercial uses. Page 208 Item 14. Page 209 Item 14. Future Land Use Plan Old Town District: •Recommends a variety of boutique type land uses, ranging from unique and local retail establishments, restaurants, and offices. •Recommends that historic homes, particularly areas along First Street and Broadway, may gradually convert to boutique office and retail establishments. Page 210 Item 14. Page 211 Item 14. Zoning Zoning Current Land Use Future Land Use Plan Subject Property Single Family-15 Single-Family Residential Old Town District North Single Family-15 Single-Family Residential Old Town District East Downtown Office Professional Office Old Town District South Single Family-15 Single-Family Residential Old Town District West Single Family-15 Single-Family Residential Old Town District Page 212 Item 14. Page 213 Item 14. District Regulations DTO Regulations (Zoning Ordinance) Proposed Regulations (Development Standards) Size of Yards Front: 25’ Side: 5’(Adj.to Residential) 15’(Adj.to First Street) Rear: 10’ Front: 25’ Side: 5’(Adj.to Residential) 15’(Adj.to First Street) Rear: 10’ Size of Lots Minimum Area: 6,000 SF Minimum Lot Width: 50’ Minimum Lot Depth: 120’ Minimum Area: 6,000 SF Minimum Lot Width: 50’ Minimum Lot Depth: 120’ Maximum Height Stories: Two Stories or 40’ Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 55 Percent Lot Coverage: 55 Percent Page 214 Item 14. Permitted Uses By Right: •Administrative/Medical and Professional Office •Architectural or Interior Design Studio •Boutique Retail •Materials Showroom •Single-Family Dwelling Page 215 Item 14. Permitted Uses Cont. By Specific Use Permit: •Bed and Breakfast •Coffee Shop •Tea Room Page 216 Item 14. Page 217 Item 14. Architectural Standards Building Materials: •Clay Fired Brick •Granite •Marble •Stone (Natural or Manufactured) •Other Materials as Approved by Director of Development Services Page 218 Item 14. Architectural Standards Cont. Building Design: •Existing Structures •Exterior alterations, not related to maintenance, must be approved by the Director of Development Services. •New Structures •Buildings shall incorporate covered porches into the front façade, a multiplicity of roof forms, and high pitch roof lines. •Architectural styles such as Craftsman, Folk Traditional, and Victorian are recommended. Page 219 Item 14. Page 220 Item 14. Page 221 Item 14. Landscaping DTO Regulations (Development Standards) Proposed Regulations (Development Standards) Adjacent to Thoroughfares Easement: 5’(Legacy Drive) 5’(First Street) Plantings: One ornamental tree every 30 linear feet. Easement: 5’(Legacy Drive) 5’(First Street) Plantings: One ornamental tree every 30 linear feet. Adjacent to Residential Development Buffer: 5’(Northern Boundary) 5’(Western Boundary) Plantings: One ornamental tree every 30 linear feet. Buffer: 5’(Northern Boundary) 5’(Western Boundary) Plantings: One ornamental tree every 30 linear feet.Page 222 Item 14. Screening and Fencing Adjacent to Single-Family: •Six-foot (6’) cedar board on board wooden fencing adjacent to single-family homes. Page 223 Item 14. Page 224 Item 14. Noticing Notices: •Friday, August 8th Citizen Response: •Two Letters of Support •One w/ Restrictions Page 225 Item 14. Recommendation Town Staff: •Approval Planning & Zoning Commission: •Approval (4-0) Page 226 Item 14. Page 1 of 5 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Amendment of Planned Development-67 (Gates of Prosper) – Subdistricts 2 and 3 Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 2. Development of Downtown as Destination 3. Commercial Corridors are ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request to amend the uses and conceptual layout of a portion of Subdistrict 2 and Subdistrict 3 of Planned Development-67, consisting of 258.3± acres on the west of Preston Road between US 380 (University Drive) and First Street. (ZONE-24-0012) Background: On September 17, 2024, the Town Council and Planning & Zoning Commission held a Joint Work Session to discuss the proposed amendment. The applicant, Mr. Shipp, presented plans to amend a portion of the Gates of Prosper. A portion of Subdistrict 2 would be modified to add 600 additional multifamily units that would be completed in two phases. Subdistrict 3 would be modified to add the allowance of 150 alley-served single-family lots, of which a maximum 110 lots would have a 40-foot lot width; the district already includes 150 townhomes. The Town Council and Commission Members discussed each Subdistrict and the impact the proposed changes may have with the addition of the multi-family units regarding the increased density, the size of the residential lots in Subdistrict 3, and the placement of the townhomes. It was noted that the Town Council and Commission Members are looking at the developing area holistically for future impact and best uses for buildout. During the past year, the applicant has been working with staff to evaluate and update the proposal. The modifications currently proposed are described within the staff report. PLANNING Page 227 Item 15. Page 2 of 5 Future Land Use Plan: The Future Land Use Plan recommends Town Center for the property east of Burlington Railroad. A small portion of the property is west of the railroad and designated Dallas North Tollway District. There are also Park and Floodplain designations within the property. Zoning: The property is zoned Planned Development-67 (Mixed Use). Thoroughfare Plan: This property has direct access to First Street, Coleman Street, Gates Parkway, and University Drive (US 380). Parks Master Plan: The Parks Master Plan shows does not indicate that a park is needed on the subject property. Hike & Bike Trail: The Hike & Bike Trail Master Plan requires trails along First Street, Lovers Lane, and the railroad. 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. Exhibits A & A-1 – Boundary and Legal Description 4. Letter of Intent 5. Summary of Proposed Zoning Changes 6. Gates of Prosper Planned Development Ordinance (Clean)* 7. Gates of Prosper Planned Development Ordinance (Redlined)* 8. Exhibit D – Conceptual Plan 9. Previously Approved Conceptual Plan *The applicant updated these attachments on August 15, 2025, to add a clarification that the private garage standards only apply to the multifamily that is outside of the Lifestyle Center, as discussed at the Planning & Zoning Commission meeting. Page 228 Item 15. Page 3 of 5 Description of Agenda Item: The purpose of this request is to modify a portion of Subdistrict 2 and Subdistrict 3 of the Gates of Prosper Planned Development (PD) regarding the allocation of residential units. An additional 600 multifamily units are proposed to be added to the undeveloped portion of Subdistrict 2 for a total of 1,200 multifamily units. There are 344 constructed units in Phase 1 of the apartment development located south of Lovers Lane. Phase 2 consists of 256 units and is under construction. The additional multifamily units will be 4-story and will wrap surface parking so that parking will be screened. The addition of single-family units is proposed in Subdistrict 3. Vertical mixed-use is removed from this subdistrict, but retail, office, and commercial uses will be maintained along First Street. Below is an overview of the current criteria and existing conditions of the property compared to the proposed criteria. Multifamily Current Criteria for Multifamily: - Maximum 600 units for all Subdistricts - Maximum 600 units for Subdistrict 2 - Maximum 300 Multifamily Units for Subdistrict 3 Proposed Criteria for Multifamily: - Maximum 1,200 units for all Subdistricts - Existing 600 units in Subdistrict 2 - Additional 600 units allowed in Subdistrict 2 - A clarification was added to the standard that 40 percent of units will have private garages; it only applies to the multifamily that is outside of the Lifestyle Center. Townhome Existing Criteria for Townhomes: - Maximum 150 units for all Subdistricts - Maximum 150 units in Subdistrict 2 - Maximum 150 units in Subdistrict 3 - Minimum lot area of 2,500 square feet. o The applicant indicated that this minimum area was in error. The lot width minimum is 20 ft and the lot depth minimum is 90 ft, resulting in a lot area of 1,800 sq ft. Proposed Criteria for Townhomes: - Townhomes still allowed in each subdistrict; the concept plan shows all 150 units within Subdistrict 3 - Minimum lot area of 1,800 square feet - Addition that greater articulation will be provided on sides of townhomes adjacent to public streets and open spaces Page 229 Item 15. Page 4 of 5 Single Family Existing Criteria for Single Family - Maximum 200 units - Only permitted within Subdistrict 4 - Two lot types at 8,640 sq ft (64 ft x 125 ft) and 9,990 sq ft (74 ft x 125 ft) Proposed Criteria for Single Family - 200 Maximum units in Subdistrict 4 per lot types listed above (no change) o Starview Phases 1 and 2 consist of 173 front-entry lots - No Maximum of Allowable units in Subdistrict 3 o Front-entry lots o Provision added that front yard setbacks will not be staggered o Addition of architectural criteria for single family buildings o Minimum lot width – 55 ft o Minimum lot depth – 100 ft o Minimum lot area – 6,875 sq ft o Minimum dwelling size – 1,800 sq ft o Maximum height – 40 ft / two-stories o Lots may be center loaded or zero lot line patio homes  Center Loaded Setbacks: 15’ front / 7’ side / 20’ rear  Side Loaded (Patio Home) Setbacks: 15’ front / 0’ side / 20’ rear  A 10 ft separation is required between adjacent side loaded units Compatibility: This amendment would not be out of character with the purpose of this planned development. The overall 621-acre Gates of Prosper development created subdistricts “designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area.” In the Joint Work Session, the applicant discussed the need for an additional 600 multifamily units to activate Subdistrict 2 to attract more high-end restaurant and shopping tenants. It was also necessary for the development to stay competitive with nearby mixed-use developments. The additional single-family units in Subdistrict 3 came from a change in the original concept for this area as an office development and was described as a benefit for the area in its location between downtown and more intense retail to the south. Descriptions of Subdistricts 2 and 3 from the existing PD: - Subdistrict 2 – Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on a single or contiguous building sites. - Subdistrict 3 – Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts. Page 230 Item 15. Page 5 of 5 The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property (Subdistricts 2 & 3) Planned Development-67 Vacant Town Center North Downtown Commercial & Single Family-15 Church, Retail, Vacant Old Town District East Planned Development-67 Single-Family & Retail Town Center South City of Frisco Highway & Industrial Vacant City of Frisco West Single Family-15 & Planned Development-42 Vacant Dallas North Tollway District Town Staff Recommendation: The proposed zoning request is compliant with the Future Land Use Plan and the intent of this Planned Development. Town Staff recommends approval of the request to amend the uses and conceptual layout of a portion of Subdistrict 2 and Subdistrict 3 of Planned Development -67, consisting of 258.3± acres on the west of Preston Road between US 380 (University Drive) and First Street. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended denial of this item by a vote of 4-0 at their meeting on August 5, 2025. The Commissioners opposed this item due to issues with the density of Subdistrict 3 and the proposed 55-foot-wide lots. Town Council Public Hearing: I move to approve/deny the request to amend the uses and conceptual layout of a portion of Subdistrict 2 and Subdistrict 3 of Planned Development-67, consisting of 258.3± acres on the west of Preston Road between US 380 (University Drive) and First Street. Page 231 Item 15. Page 232 Item 15. Page 233 Item 15. Future Land Use Exhibit Page 234 Item 15. PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET SECOND STREET BUSINESS 289CHURCHPROPOSED LOVERS LANE PD-SUBDISTRICT 3 (DOWNTOWN CENTER) 111.81 GROSS ACRES 94.92 NET ACRES POINT OF BEGINNING PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 71.43 GROSS ACRES 62.09 NET ACRES PD-SUBDISTRICT 1 (REGIONAL RETAIL). 244.38 GROSS ACRES 197.21 NET ACRES PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 146.49 GROSS ACRES 129.43 NET ACRES FIRST STREET CRAIG ROADPD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES FIRST STREET FUTURE LOVERS LANE RICHAND DRIVECOLEMAN STREETCOLEMAN STREETSOUTHWEST CORNER OF JOHN YARNELL SURVEY, ABSTRACT NO. 1038, BEARS S 83°50' E, 161.7' Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT "A" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210212 - GATES ZONING EXHIBIT.DWG PLOTTED BYKORUS, RACHEL 7/31/2025 3:55 PM LAST SAVED3/3/2021 8:53 AMGRAPHIC SCALE IN FEET 0300'150'300'600' 1"=300'' @ 24"X36" U.S. STATE HIGHWAY 380 STATE HIGHWAY NO. 289(VARIABLE WIDTH PUBLIC ROW)BURLINGTON NORTHERN SANTA FE RAILROADLOVERS LANEDALLAS NORTH TOLLWAY(PRESTON ROAD)FIRST STREETMcKINNEYCROCKETTSECOND STREETBUSINESSHALL COLLEGE289SITE LOCATION MAP NOT TO SCALE Legend R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.C.C.T. = Deed Records of Collin County, Texas F.L.U.P. = Future Land Use Plan Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Applicant: Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, TX 75069 Ph. 469-301-2590 Contact : Joe Riccardi Scale Drawn by RAB1" = 300' Checked by Date Project No.Sheet No. McKinney, Texas 75069 260 East Davis Street, Suite 100 Tel. No. (469)-201-2590FIRM # 10115500 RAK 1 OF 2Feb 2021 068109030 Page 235 Item 15. Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210212 - GATES ZONING EXHIBIT.DWG PLOTTED BYKORUS, RACHEL 7/31/2025 3:55 PM LAST SAVED3/3/2021 8:53 AMEXHIBIT A LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk's File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100' ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11°23'13" East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89°15'40" West, a distance of 123.47 feet to a point for corner; North 00°57'41" West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to wit: North 89°37'06" East, a distance of 509.94 feet to a point for corner; South 86°07'09" East, a distance of 202.29 feet to a point for corner; North 89°38'54" East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00°45'07" West, a distance of 313.06 feet to a point for corner; North 89°29'33" East, a distance of 481.12 feet to a point for corner; North 00°21'57" West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89°38'54" East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00°06'52" East, a distance of 314.43 feet to a point for corner; North 89°49'10" East, a distance of 189.92 feet to a point for corner; North 00°09'58" West, a distance of 104.29 feet to a point for corner; North 89°41'07" East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00°05'32" East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89°56'58" East, a distance of 257.38 feet to a point for corner; North 02°09'39" East, a distance of 71.99 feet to a point for corner; North 89°18'22" East, a distance of 555.18 feet to a point for corner; South 00°58'50" East, a distance of 673.52 feet to a point for corner; South 76°42'56" East, a distance of 185.47 feet to a point for corner; South 76°51'24" East, a distance of 321.53 feet to a point for corner; South 89°06'24" East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00°04'32" East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89°30'30" East, a distance of 205.11 feet to a point for corner; North 00°05'59" West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89°31'34" East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01°02'13" East, a distance of 1546.12 feet to a point for corner; South 89°20'50" West, a distance of 899.18 feet to a point for corner; South 32°50'09" West, a distance of 339.04 feet to a point for corner; North 54°21'33" West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 - variable width ROW); THENCE with said east right-of-way line, South 33°37'47" West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way line, he following courses and distances to wit: South 54°19'15" East, a distance of 408.23 feet to a point for corner; South 00°03'08" East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89°12'47" West, a distance of 2794.95 feet to a point for corner; South 89°46'43" West, a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT "A" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale Drawn by RABN/A Checked by Date Project No.Sheet No. RAK 2 OF 2Feb 2021 068109030 McKinney, Texas 75069 260 East Davis Street, Suite 100 Tel. No. (469)-201-2590FIRM # 10115500 Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Applicant: Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, TX 75069 Ph. 469-301-2590 Contact : Joe Riccardi Page 236 Item 15. PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET SECOND STREET BUSINESS 289CHURCHPROPOSED LOVERS LANE POINT OF BEGINNING CRAIG ROADFIRST STREET FUTURE LOVERS LANE RICHAND DRIVECOLEMAN STREETCOLEMAN STREETHATCHED AREA IS LIMITS OF PD REVISION SUB DISTRICT LINE SUB DISTRICT 1 A-1 AREA 44.14 ACRES SUB DISTRICT 2 PD-SUBDISTRICT 3 (DOWNTOWN CENTER) 111.81 GROSS ACRES 92.38 NET ACRES PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 71.43 GROSS ACRES 64.85 NET ACRES PD-SUBDISTRICT 1 272.25 GROSS ACRES 221.54 NET ACRES PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 118.77 GROSS ACRES 108.76 NET ACRES PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.37 NET ACRES A-2 AREA 12.86 ACRES SOUTHWEST CORNER OF JOHN YARNELL SURVEY, ABSTRACT NO. 1038, BEARS S 83°50' E, 161.7' Copyright © 2021 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT "A-1" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 44.14 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210211 - GATES ZONING EXHIBIT A-1.DWG PLOTTED BYBECKLER, RACHEL 3/3/2021 8:55 AM LAST SAVED3/3/2021 8:28 AMGRAPHIC SCALE IN FEET 0300'150'300'600' 1"=300'' @ 24"X36" Legend R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.C.C.T. = Deed Records of Collin County, Texas F.L.U.P. = Future Land Use Plan Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Applicant: Kimley-Horn and Associates, Inc. 260 East Davis St, Suite 100 McKinney, TX 75069 Ph. 469-301-2580 Contact : Joe Riccardi Scale Drawn by RAB1" = 300' Checked by Date Project No.Sheet No. McKinney, Texas 75069 260 EAST DAVIS ST, SUITE 100 Tel. No. (469)-301-2580FIRM # 10115500 RAK 1 OF 2Feb 2021 068109030 BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.147, the Ben Renison Survey, Abstract No. 755, and the John Yarnell Survey, Abstract No. 1038, the Town of Prosper, Collin County, Texas and being a portion of Block B, Lot 1 and Lot 2 of the Gates of Prosper, Phase 2, an addition to the Town of Prosper, according to the Conveyance Plat recorded in Volume 2020, Page 807 of the Plat Records of said county, same being a part of Tract 2, a called 4.448 acres tract described in a Warranty Deed to GOP #2 LLC, as recorded in Instrument No. 20190605000641620 of the Official Public Records of said county, a part of a called 157.1346 acres tract described in a Deed to 289 (Preston) & 380, LP, as recorded in 20121221001629970 and 20121221001629970 of said Official Public Records, a part of Tract Seven, a called 123.850 acres tract described in Deed to 289 (Preston) & 380 L.P., as recorded in Instrument No. 2019011800061180 of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for the southerly, southeast corner of said Block b, Lot 2, same being at the intersection of the northwesterly right-of-way line of State Highway 289 (Preston Road) (variable width Right-of-way) with the northerly right-of-way line of University Drive (U. S. Highway 380) (variable width Right-of-way); THENCE along the northerly right-of-way line of said University Drive (U. S. Highway 380) and the southerly line of said Lot 2, the following courses and distances: South 89°12'09" West, a distance of 792.64 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 84°43'41" West, a distance of 92.74 feet to a 1/2 inch iron rod found for corner; North 89°50'14" West, a distance of 430.49 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 87°55'41" West, a distance of 42.02 feet to a point for corner; THENCE North 00°00'00" East, departing the northerly right-of-way line of said University Drive (U. S. Highway 380), the southerly line of said Lot 2, crossing said Lot 2, a distance of 923.23 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 4°02'38", a radius of 850.00 feet, a chord bearing and distance of South 87°58'41" East, 59.98 feet; THENCE in an easterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 59.99 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, a distance of 747.44 feet to a point at the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 650.00 feet, a chord bearing and distance of North 45°00'00" East, 919.24 feet; THENCE in a northeasterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 1021.02 feet to a point for corner; THENCE South 00°00'00" East, continuing across said Lot 2, a distance of 301.08 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, passing the common line of said Lot 2 and aforesaid Block b, Lot 1, continuing across said Lot 1, a distance of 927.55 feet to a point for corner; THENCE South 52°50'32" East, continuing across said Lot 1, a distance of 25.77 feet to a point for corner on the southeasterly line of said Lot 1 and the northwesterly right-of-way line of aforesaid State Highway 289 (Preston Road); THENCE along the northwesterly right-of-way line of said U. S. Highway 289 (Preston Road), the southeasterly line of said Lot 1 and the southeasterly line of aforesaid Lot 2, the following courses and distances: South 37°09'28" West, a distance of 358.47 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 44°07'24" West, a distance of 418.54 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 60°08'40" West, a distance of 32.61 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner; South 89°43'04" West, passing at a distance of 30.16 feet, a 1/2 inch iron rod found for the most westerly southwest corner of the aforementioned Tract Seven, continuing a total distance of 59.48 feet to a 5/8 inch iron rod found; South 10°42'09" West, a distance of 261.71 feet to a TxDot aluminum disk found for corner; South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 13°02'09" West, a distance of 142.64 feet to a TxDot aluminum disk found for corner; South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and containing 44.137 acres (1,922,620 square feet) of land, more or less. Page 237 Item 15. Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210211 - GATES ZONING EXHIBIT A-1.DWG PLOTTED BYBECKLER, RACHEL 3/3/2021 8:16 AM LAST SAVED3/1/2021 9:05 PMBEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.147, the Ben Renison Survey, Abstract No. 755, and the John Yarnell Survey, Abstract No. 1038, the Town of Prosper, Collin County, Texas and being a portion of Block B, Lot 1 and Lot 2 of the Gates of Prosper, Phase 2, an addition to the Town of Prosper, according to the Conveyance Plat recorded in Volume 2020, Page 807 of the Plat Records of said county, same being a part of Tract 2, a called 4.448 acres tract described in a Warranty Deed to GOP #2 LLC, as recorded in Instrument No. 20190605000641620 of the Official Public Records of said county, a part of a called 157.1346 acres tract described in a Deed to 289 (Preston) & 380, LP, as recorded in 20121221001629970 and 20121221001629970 of said Official Public Records, a part of Tract Seven, a called 123.850 acres tract described in Deed to 289 (Preston) & 380 L.P., as recorded in Instrument No. 2019011800061180 of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for the southerly, southeast corner of said Block b, Lot 2, same being at the intersection of the northwesterly right-of-way line of State Highway 289 (Preston Road) (variable width Right-of-way) with the northerly right-of-way line of University Drive (U. S. Highway 380) (variable width Right-of-way); THENCE along the northerly right-of-way line of said University Drive (U. S. Highway 380) and the southerly line of said Lot 2, the following courses and distances: South 89°12'09" West, a distance of 792.64 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 84°43'41" West, a distance of 92.74 feet to a 1/2 inch iron rod found for corner; North 89°50'14" West, a distance of 430.49 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 87°55'41" West, a distance of 42.02 feet to a point for corner; THENCE North 00°00'00" East, departing the northerly right-of-way line of said University Drive (U. S. Highway 380), the southerly line of said Lot 2, crossing said Lot 2, a distance of 923.23 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 4°02'38", a radius of 850.00 feet, a chord bearing and distance of South 87°58'41" East, 59.98 feet; THENCE in an easterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 59.99 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, a distance of 747.44 feet to a point at the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 650.00 feet, a chord bearing and distance of North 45°00'00" East, 919.24 feet; THENCE in a northeasterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 1021.02 feet to a point for corner; THENCE South 00°00'00" East, continuing across said Lot 2, a distance of 301.08 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, passing the common line of said Lot 2 and aforesaid Block b, Lot 1, continuing across said Lot 1, a distance of 927.55 feet to a point for corner; THENCE South 52°50'32" East, continuing across said Lot 1, a distance of 25.77 feet to a point for corner on the southeasterly line of said Lot 1 and the northwesterly right-of-way line of aforesaid State Highway 289 (Preston Road); THENCE along the northwesterly right-of-way line of said U. S. Highway 289 (Preston Road), the southeasterly line of said Lot 1 and the southeasterly line of aforesaid Lot 2, the following courses and distances: South 37°09'28" West, a distance of 358.47 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 44°07'24" West, a distance of 418.54 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 60°08'40" West, a distance of 32.61 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner; South 89°43'04" West, passing at a distance of 30.16 feet, a 1/2 inch iron rod found for the most westerly southwest corner of the aforementioned Tract Seven, continuing a total distance of 59.48 feet to a 5/8 inch iron rod found; South 10°42'09" West, a distance of 261.71 feet to a TxDot aluminum disk found for corner; South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 13°02'09" West, a distance of 142.64 feet to a TxDot aluminum disk found for corner; South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and containing 44.137 acres (1,922,620 square feet) of land, more or less. EXHIBIT "A-1" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 44.14 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale Drawn by RABN/A Checked by Date Project No.Sheet No. RAK 2 OF 2Feb 2021 068109030 FIRM # 10115500 Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 McKinney, Texas 75069 260 EAST DAVIS ST, SUITE 100 Tel. No. (469)-301-2580 Applicant: Kimley-Horn and Associates, Inc. 260 East Davis St, Suite 100 McKinney, TX 75069 Ph. 469-301-2580 Contact : Joe Riccardi Page 238 Item 15. Page 239Item 15. Page 240Item 15. Proposed Amendment to PD – 67 – Gates of Prosper Summary of Changes Subdistrict 2 1. Addition of 600 multi-family dwelling units within the future Town Center area. Subdistrict 4 1. Addition of single family dwelling units. a. Typical 55’x125’ lots b. Street loaded driveways c. Lots may be center loaded or zero lot line patio homes. 2. Maintain Commercial frontage along First Street. 3 Page 241 Item 15. Gates of Prosper Planned Development Ordinance Adopted by Ordinance No. 14-92 May 27, 2014 Amended in its Entirety by Ordinance No. 2021- April 27, 2021 Page 242 Item 15. Planned Development No. 67 P a g e | ii TABLE OF CONTENTS PROJECT FOUNDATION...........................................................................................................1 Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1 ZONING REGULATIONS ...........................................................................................................2 Exhibit A— Legal Description ..................................................................................................................... 2 Exhibit A-1– Legal Description .................................................................................................................... 3 Exhibit B—Statement of Intent and Purpose ................................................................................................ 8 Exhibit C—Planned Development Standards ............................................................................................... 9 Planned Development General Provisions .......................................................................................... 10 Subdistrict 1—Regional Retail ............................................................................................................. 11 Subdistrict 2—Lifestyle Center ............................................................................................................. 17 Subdistrict 3—Downtown Center ......................................................................................................... 28 Subdistrict 4—Residential Neighborhood ............................................................................................ 35 General Requirements .......................................................................................................................... 39 Permitted Use Matrix ........................................................................................................................... 44 Infrastructure Design Standards .......................................................................................................... 54 Definitions ............................................................................................................................................ 55 Exhibit E—Development Schedule ............................................................................................................ 57 Exhibit F—Supplemental Design Guidelines ............................................................................................. 59 Design Principles ................................................................................................................................. 60 Site Design ............................................................................................................................................ 61 Building Design .................................................................................................................................... 62 Public Realm Design ............................................................................................................................ 64 Urban Residential Development Guidelines ........................................................................................ 65 APPENDICES Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”) Appendix A-1–Zoning Exhibit & Legal Description (Exhibit “A-1”) Appendix B—Conceptual Development Plan (Exhibit “D”) Page 243 Item 15. Planned Development No. 67 P a g e | 4 Page 244 Item 15. Planned Development No. 67 P a g e | 5 RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are established in accordance with an adopted Comprehensive Plan. The proposed Planned Development being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s Comprehensive Plan. The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will lead to a more diverse tax base. It will be an environment which encourages a desired lifestyle for residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into the Town’s Old Town District. EXHIBIT “A” LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A’ as Exhibit ‘A’. LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100’ ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89º15’40” West, a distance of 123.47 feet to a point for corner; North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner; North 89º38’54” East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: Page 245 Item 15. Planned Development No. 67 P a g e | 6 South 00º45’07” West, a distance of 313.06 feet to a point for corner; North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89º56’58” East, a distance of 257.38 feet to a point for corner; North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner; South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01º02’13” East, a distance of 1546.12 feet to a point for corner; South 89º20’50” West, a distance of 899.18 feet to a point for corner; South 32º50’09” West, a distance of 339.04 feet to a point for corner; North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 – variable width ROW); THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way lien, he following courses and distances to wit: South 54º19’15” East, a distance of 408.23 feet to a point for corner; Page 246 Item 15. Planned Development No. 67 P a g e | 7 South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89º12’47” West, a distance of 2794.95 feet to a point for corner; South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. EXHIBIT “A-1” LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A-1’ as Exhibit ‘A-1’. BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No. 147 and the Ben Renison Survey, Abstract No. 755, Town of Prosper, Collin County, Texas, and being a portion of a called “Tract Six”, conveyed to 183 Land Corporation, Inc., as evidenced in a Special Warranty Deed, recorded in County Clerk’s File No. 97-0005168 of the Deed Records of Collin County, Texas, a portion of a called “Tract Seven”, conveyed to 380 & 289, L.P., as evidenced in a Warranty Deed, recorded in Instrument No. 20121219001617180, Official Public Records of Collin County, Texas, and a portion of a called 157.1346-acre tract of land, conveyed to 289 (Preston) & 380, LP, as evidenced in Warranty Deeds, recorded in Instrument No. 20121221001629970 and Instrument No. 20121221001629980, both of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a TXDOT brass disk right of way monument found for the southerly, northeast corner of said “Tract Seven”, and being the intersection of the northwesterly right of way line of State Highway 289 (Preston Road), a variable width right of way with the westerly right of way line of South Craig Road, from said corner, a found wooden TXDOT right of way marker bears South 16°19’ West, 1.35 feet; THENCE South 33°38’18” West, along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 111.45 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.2813-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas, from said corner, a found wooden TXDOT right of way marker bears North 76°00’ East, 0.54 feet; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, the following: South 40°20’31” West, a distance of 85.55 feet to a corner; South 33°38’35” West, a distance of 300.00 feet to a corner; South 37°27’25” West, a distance of 300.67 feet to a corner; South 33°38’35” West, a distance of 208.89 feet to the POINT OF BEGINNING of the herein described tract; Page 247 Item 15. Planned Development No. 67 P a g e | 8 THENCE South 33°38’35” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 91.11 feet to a corner; THENCE South 29°26’34” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 200.54 feet to the southernmost corner of said 0.2813-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”, from said corner, a found wooden TXDOT right of way marker bears North 31°18’ East, 16.00 feet; THENCE South 35°04’16” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 385.16 feet to a corner, from which, a found wooden TXDOT right of way marker bears North 44°12’ East, 1.65 feet; THENCE South 33°38’20” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 300.00 feet to a TXDOT brass disk right of way monument found for a corner, from said corner, a found wooden TXDOT right of way marker bears South 07°00’ East, 2.25 feet; THENCE South 30°18’02” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 392.59 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.0656-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.0656-acre tract, the following: South 33°38’35” West, a distance of 323.03 feet to a corner; South 30°46’46” West, a distance of 100.13 feet to the southerly corner of said 0.0656-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”; THENCE South 35°32’53” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 85.20 feet to a corner; THENCE South 33°56’57” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 199.89 feet to a 5/8-inch iron rod found for a corner; THENCE South 37°09’28” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 42.31 feet to a corner; THENCE North 52°50’32” West, departing the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), crossing said “Tract Seven”, a distance of 25.77 feet to a corner; THENCE North 90°00’00” West, continuing across said “Tract Seven”, passing the westerly line of said “Tract Seven”, the easterly line of aforesaid 157.1346-acre, 289 (Preston) & 380, LP tract, and crossing a public use road known as South Coleman Street, a distance of 972.55 feet to a corner; Page 248 Item 15. Planned Development No. 67 P a g e | 9 THENCE in a northerly direction, continuing across said 157.1346-acre tract, the following: North 00°00’00” East, a distance of 431.84 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 21°18’24”, having a radius of 338.00 feet, a chord bearing of North 10°39’12” West, a chord distance of 124.97 feet and an arc length of 125.69 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 41°18’00” West, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 61°17’36” West, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 30°02’25”, having a radius of 83.00 feet, a chord bearing of North 76°18’49” West, a chord distance of 43.02 feet and an arc length of 43.52 feet to the end of said curve; North 00°00’00” East, a distance of 84.31 feet to the point of curvature of a non-tangent curve to the left; Along the arc of said curve to the left, through a central angle of 13°19’52”, having a radius of 338.00 feet, a chord bearing of North 75°21’32” East, a chord distance of 78.47 feet and an arc length of 78.64 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 48°42’00” East, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 28°42’24” East, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 35°41’21”, having a radius of 83.00 feet, a chord bearing of North 10°51’43” East, a chord distance of 50.87 feet and an arc length of 51.70 feet to the point of tangency of said curve; North 06°58’57” West, a distance of 35.50 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 06°58’57”, having a radius of 546.00 feet, a chord bearing of North 03°29’29” West, a chord distance of 66.50 feet an an arc length of 66.54 feet to the point of tangency of said curve; THENCE North 00°00’00” East, continuing across said 157.1346-acre tract, crossing the northerly line of said 157.1346-acre tract and the southerly line of aforesaid “Tract Six”, continuing across said “Tract Six”, a distance of 785.38 feet to a corner; THENCE in a northerly and easterly direction, continuing across said 157.1346-acre tract, the following: North 03°48’51” West, a distance of 150.33 feet to a corner; North 00°00’00” East, a distance of 125.00 feet to a corner; North 45°00’00” West, a distance of 35.36 feet to a corner; North 00°00’00” East, a distance of 110.00 fee to a corner; North 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 110.00 feet to a corner; South 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 150.00 feet to a corner; THENCE South 86°11’09” East, continuing across said “Tract Six”, passing the easterly line of said “Tract Six”, the westerly line of aforesaid “Tract Seven”, and crossing aforesaid public use road known as South Coleman Street, a distance of 150.33 feet to a corner; Page 249 Item 15. Planned Development No. 67 P a g e | 1 0 THENCE in an easterly direction, continuing across said “Tract Seven”, the following: North 90°00’00” East, a distance of 923.53 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 34°09’35”, having a radius of 895.00 feet, a chord bearing of South 72°55’13” East, a chord distance of 525.73 feet and an arc length of 533.60 feet to the point of tangency of said curve; South 55°50’25” East, a distance of 56.69 feet to a corner; South 59°39’16” East, a distance of 150.33 feet to a corner; South 55°50’25” East, a distance of 125.21 feet to a corner; North 78°55’07” East, a distance of 13.56 feet to the POINT OF BEGINNING and containing 78.508 acres (3,419,790 square feet) of land, more or less. Page 250 Item 15. Planned Development No. 67 P a g e | 1 1 EXHIBIT “B” PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integrated Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned Development. The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external to the development. Furthermore, focal points and terminuses have been provided within the thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design. Pedestrian scale design elements will also be incorporated into the site design in order to foster high quality street and sidewalk environments. An essential element to the overall site is the incorporation of an open space system to provide for both active and passive recreational opportunities. The open space system will consist of landscape and hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the development. These elements within the proposed development will be ultimately located so as to provide recreational opportunities within convenient proximity to as many users as possible. The standards contained within this Planned Development District will help to achieve the vision for the overall development. These standards have been formulated so as to provide specificity where necessary and provide flexibility to allow for creative design. {This space intentionally left blank} Page 251 Item 15. Planned Development No. 67 P a g e | 1 2 EXHIBIT “C” Planned development standards Page 252 Item 15. Planned Development No. 67 P a g e | 1 3 1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS 1.1 GENERAL The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities to serve the needs of the new residents as well as the existing residents in the general area. Terms used in this ordinance shall have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), in effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined herein. 1.2 SUBDISTRICTS DEFINED 1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. 1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. 1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. 1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities (e.g., Single-family detached). Page 253 Item 15. Planned Development No. 67 P a g e | 1 4 2.0 subdistrict 1—regional retail 2.1 GENERAL PURPOSE AND DESCRIPTION The Regional Retail Subdistrict will serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. The development standards included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the design theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict. 2.2 SITE CRITERIA 2.2.1 Property Development Regulations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2. Table 2-1. Size of Yards Land Use(1) Front Side Corner Rear Retail 30 ft. (2) 30 ft. (2) Commercial 30 ft. (2) 30 ft. (2) Office 30 ft. (2) 30 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2. Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40 feet for a one-story building and 60 feet for a two-story building adjacent to a residential district. Setback may be eliminated for attached buildings. Table 2-2. Size of Lots and Lot Coverage Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth(2) Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3) 0.4:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3) 0.5:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2. Mutual access agreements may be allowed to satisfy legal frontage requirements for individual lots which do not have legal frontage requirements along a public right of way with Town staff approval (Director of Development Services). 3. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. Page 254 Item 15. Planned Development No. 67 P a g e | 1 5 2.3 BUILDING CRITERIA 2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building height requirements set forth in Table 2-3 below. Building height shall be measured to the highest point of a roof surface. Table 2-3. Maximum Building Height Building Type Height (1) # Stories Non-Residential 40 ft. 2 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with Ordinance Chapter 4 Section 9.5. 2.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 1. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. All building façades shall be architecturally finished with 100% masonry with an allowance for up to 15% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall. Textured and painted concrete tilt-wall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating percentages. b. No single material shall exceed more than eighty (80) percent of an elevation area. A minimum of twenty-five (25) percent of the front and side façades shall be natural or manufactured stone. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone; all other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. Page 255 Item 15. Planned Development No. 67 P a g e | 1 6 c. Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as, cedar, redwood, ipe, etc. (for example), tile, ornamental metal, or stucco. Other secondary materials not specifically noted herein may be allowed only if approved by the Town. EIFS and stucco is not allowed on the first nine (9’) feet of a structure. 2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%. 2.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 2.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way, or fire lane and access easements shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. Page 256 Item 15. Planned Development No. 67 P a g e | 1 7 The exterior façade of the parking structure if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 2.3.8 Area A-2. The following specific criteria shall apply to development within Area A-2 as depicted on Exhibit A-1. 1. The support columns for the covered parking structures shall be permitted the use of metal. 2. The required parking ratio for retail businesses shall apply to the net retail area only. 3. Facade Plans shall be approved by the Town Council, subject to a recommendation by the Planning & Zoning Commission. 4. For instances where provisions of this section (Section 2.3) conflict with the conceptual elevations found in Section 2.5.2, the conceptual elevations shall govern. 2.4 PERMITTED USES 2.4.1 General. The following general conditions shall apply to Subdistrict 1. a. Big Box uses are permitted by right within Subdistrict 1. 2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 2.5 CONCEPTUAL RENDERING The following conceptual renderings shall be representative of the architectural style, color and material selections depicted therein. Page 257 Item 15. Planned Development No. 67 P a g e | 1 8 Page 258 Item 15. Planned Development No. 67 P a g e | 1 9 2.5.1 The following conceptual renderings shall be representative of the architectural style, color and material selections in the location identified in Exhibit A- 1. Page 259 Item 15. Planned Development No. 67 P a g e | 2 0 2.5.2 The following conceptual elevations and renderings shall be representative of the architectural style, colors and material selections and placement for the building located within Area A-2, as depicted on Exhibit A-1. Page 260 Item 15. Planned Development No. 67 P a g e | 2 1 Page 261 Item 15. Planned Development No. 67 P a g e | 2 2 Page 262 Item 15. Planned Development No. 67 P a g e | 2 3 3.0 subdistrict 2—LIFESTYLE center 3.1 GENERAL PURPOSE AND DESCRIPTION The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent with the Retail and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the “Town Center” design theme for this Subdistrict by providing opportunities for mixed-use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments within this project. Buildings will be designed to provide active street-fronts that encourage pedestrian activity. The buildings will be arranged such that the viewing of any surface, and/or structured parking is minimal from the surrounding public streets. These developments will be amenitized with carefully arranged, high-quality open spaces to provide a maximum number of premium units while also providing a high level of connectivity to the overall development. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian-friendly community. This lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from throughout the Metroplex. It may also include entertainment type uses as well as Big Box users which would attract patrons from other Cities in and around the Metroplex. 3.2 SITE CRITERIA 3.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. In addition, where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 3-1. Size of Yards Land Use/Housing Type(1) Minimum Front(5) Minimum Side Minimum Corner(5) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use 5 ft. (2) 5 ft. (2) Townhome(3) 5 ft. 5 ft.(4) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (2,4) 5 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 3. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys Page 263 Item 15. Planned Development No. 67 P a g e | 2 4 4. A minimum building separation of 15 feet is required between buildings. Zero feet between individual attached units. 5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval by Town staff. Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 0.6:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. Open space requirements can be accounted for as per section 6.2.2. Table 3-3. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 1800 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily, Urban Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 3.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and minimum 2 story. b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 3.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Sudistrict 2 shall be 1200 units. . The maximum number of townhome dwelling units allowed within Sudistrict 2 shall be 150 units. However, the maximum allowed number of townhome units in this subdistrict shall be reduced by the number of townhome units constructed in any other subdistrict, such that the maximum allowable number of townhome units for this Planned Development District does not exceed 150 units. 3.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the Page 264 Item 15. Planned Development No. 67 P a g e | 2 5 proposed north-south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and, and (iii) that portion of land identified as the Lifestyle Center which is located west of Coleman Road, south of Richland Boulevard, east of the BNSF railroad line and north of Gates Parkway. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, and (ii) in subdistrict 3 in accordance with the requirements therein. 3.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. Upon the issuance by the Town of tenant Certificates of Occupancy of 900,000 square feet of retail the developer may construct up to a total of 1200 multifamily units. 3.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 3.3 BUILDING CRITERIA 3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building height requirements set forth in Table 3-7 below. Building height shall be measured to the highest point of a roof surface. Table 3-6. Maximum Building Height Building Type Height (1) # Stories Non-Residential (2) 80 ft. 5 Hotel 145 ft. 12 Office 145 ft. 12 Mixed Use (Vertical) 80 ft. 5 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5. 2. Includes all non-residential buildings except hotel, office buildings and mixed use. Hospitals will have an allowed height of 12 stories. 3. Refer to Section 8.0 for definition of building type. 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single family zoning district. 5. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if predominately visible to public ROW unless otherwise approved by the Town. 6. The minimum height of a townhome is 2 stories. Page 265 Item 15. Planned Development No. 67 P a g e | 2 6 3.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 2. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 3.3.7. 3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential and Multifamily building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt-wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2. The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3. The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. Page 266 Item 15. Planned Development No. 67 P a g e | 2 7 4. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone. All other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 5. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed at 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor or above), and cementicious fiber board (not to exceed 50% of 2nd story, in a different vertical plane and above of any façade area). Windows, doors and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3. Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. Conceptual Photos – The following photographs shall be generally representative of the architectural style, and material selections depicted therein. Page 267 Item 15. Planned Development No. 67 P a g e | 2 8 Page 268 Item 15. Planned Development No. 67 P a g e | 2 9 3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%. 3.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 3.3.7 Building Articulation. a. Town Center. The Town Center is envisioned as a vibrant mixed use area at the heart of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a pedestrian oriented destination not only for the “Gates” neighborhood but also for the surrounding communities. To create an intimate pedestrian environment, buildings should be designed to incorporate articulation both horizontally and vertically at intervals of not more than 30 feet. Acceptable forms of articulation shall include the following: Page 269 Item 15. Planned Development No. 67 P a g e | 3 0 1. Canopies, awnings, or porticos 2. Wall recesses / projections 3. Arcades 4. Arches 5. Display windows 6. Architectural details, such as tile work and moldings, integrated into the building façade 7. Articulated ground floor levels or base 8. Articulated cornice line 9. Integrated planters or wing walls that incorporate landscape and sitting areas 10. Offsets, reveals or projecting rib used to express architectural or structural bays 11. Varied roof heights b. Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with facades that face a street, have an entrance, or are highly visible from roads or parking fields shall incorporate changes in wall plane with a depth of at least 6 feet, both horizontally and vertically, at intervals of not more than 100 feet. Building façades that do not face a street or are not visible from roads or parking fields shall incorporate one of the following: 1. Repeating pattern of wall recesses and projections, pilasters, offsets or reveals. 2. Changes of color, texture or material either horizontally or vertically at intervals of not more than 60 feet. 3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way or fire lane and access easement shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 3.3.9 Projections into Setbacks and/or Rights-of-Way. Page 270 Item 15. Planned Development No. 67 P a g e | 3 1 a. The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right-of-way of Preston Road, Lovers Lane, Coleman Street or US Highway 380, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where balconies, awnings, stoops and front porches are provided for Townhome and multifamily uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 3.4 MULTIFAMILY CRITERIA Multifamily construction within this development shall conform to the following urban-style criteria: 1. For the multi-family construction located outside of the Lifestyle Center, a minimum of forty (40) percent of the units will have private garages. Structured garages shall qualify as private garages. 2. On-street parallel parking along public and private streets other than major or minor thoroughfares is required and is allowed to count towards the required parking for the adjacent development. 3. All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 4. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. Page 271 Item 15. Planned Development No. 67 P a g e | 3 2 5. Front porches and/or stoops are required on facades which front public streets. 6. Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to vertical mixed use developments. 7. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located a minimum of four (4) feet from the curb at an average spacing of not more than thirty (30) feet on center. Street trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. 8. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least one location along each block. Conceptual Photographs – The following photographs shall be generally representative of the architectural style, color and material selections depicted therein. Page 272 Item 15. Planned Development No. 67 P a g e | 3 3 3.5 PERMITTED USES 3.5.1 General. The following general conditions shall apply to Subdistrict 2. a. Big Box uses are permitted by right within Subdistrict 2. 3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Page 273 Item 15. Planned Development No. 67 P a g e | 3 4 4.0 subdistrict 3—DOWNTOWN CENTER 4.1 GENERAL PURPOSE AND DESCRIPTION The Downtown Center Subdistrict will serve the purpose of providing an active living and working community benefiting from its proximity to the existing town core and the planned Lifestyle and/or Regional Retail Centers to the south. The development standards for non- residential and mixed-use development included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Single Family zoning districts in the existing Town of Prosper Zoning Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and architectural standards are intended to define the “Downtown Center” design theme for this Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail venues located within and/or adjacent to this Subdistrict. Open space elements will be located so as to provide convenient recreational space and a central focal element for this Subdistrict, along with a walkable connection to the retail and entertainment districts provided to the south.. The uses that will be permitted in this Subdistrict will allow for a flexibility of options including medical campus, office, civic activities, and complementary residential housing. This area could also be developed as a more traditional business park/governmental center if proven to better fit the market demands for such a use. 4.2 SITE CRITERIA 4.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or the Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 4-1. Size of Yards – Non Residential and Townhome Land Use/Housing Type(1) Minimum Front(6) Minimum Side(4) Minimum Corner(6) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft. Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15 feet adjacent to a residential district; Setback may be eliminated for attached buildings. 3. The front setback may be reduced to 10 feet where vehicular access is provided via a rear alley. 4. Side setback shall be zero feet for interior units with a minimum building separation of 10 feet between buildings without openings (e.g., windows) and 15 feet between buildings with openings. of the unit. Page 274 Item 15. Planned Development No. 67 P a g e | 3 5 6. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval of Town Staff. Table 4-2. Size of Lots and Lot Coverage—Non-Residential Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 0.6:1.0 Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 3. Structural parking facilities and surface parking lots shall not be included in lot coverage calculations. Table 4-3. Size of Yards – Residential (Urban Standards) Land Use/Housing Type Minimum Front(3) Minimum Side Minimum Corner Minimum Rear Townhome(1) 5 ft. 5 ft.(3) 15 ft. 20 ft. Single Family (Center Loaded) 15 ft. 7 ft. (2) 15 ft. 20 ft. Single Family (Side Loaded) 15 ft. 0 ft.(4) 15 ft. 20 ft. Notes 1. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys.  All garage doors are to be cedar/wood clad or shall be finished to give the appearance of a real wood door.. Plain metal garage doors are not permitted. 2A minimum building separation of 10 feet is required. 3. Due to the urban nature of this development, the front setback shall not be staggered. 4. If side loaded or zero lot line alternate is used the opposite side yard shall be a minimum of 10’. All buildings shall have a minimum separation of 10’. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width(2) Minimum Lot Depth Maximum Lot Coverage Maximum No. of Lots Townhome 1,800 sq. ft. 20 ft. 90 ft. 90% 150 Single Family 6875 sq. ft. 55 ft. 100 ft. 90%(1) Notes Page 275 Item 15. Planned Development No. 67 P a g e | 3 6 1. Includes main building, accessory buildings and structured parking facilities. 2. Measured at the front setback line, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of forty-five (45) at the front setback provided all other requirements of this section are met. 4.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b. Single Family . The minimum dwelling area for a single family home on a 55 foot wide lot shall be 1800 square feet. 4.2.3 Maximum Residential Dwelling Units. The maximum number of Townhome units in Subdistrict 3 shall be 150 units. There is no maximum on the allowable number of Single Family detached lots. 4.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 4.3 BUILDING CRITERIA 4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building height requirements set forth in Table 4-5 below. Building height shall be measured to the highest point of a roof surface. Table 4-5. Maximum Building Height (5) Building Type Height (1) # Stories Non-Residential (2) 60 ft. 4 Hotel 80 ft. 5 Office 100 ft. 8 Hospital 100 ft. 8 Townhome 40 ft. 3(4) Page 276 Item 15. Planned Development No. 67 P a g e | 3 7 Single Family Detached 40 ft. 2 Parking Structures(3) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit by a maximum of 20 feet. 2. Does not include hospitals, hotels, office, or medical office buildings. 3. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if generally visible to public ROW. 4. The minimum height of a townhome is two-story. 5. No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.). 4.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 3. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt- wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2. The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. The rear façade of any non-residential building facing a public right-of-way shall be finished with a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. Page 277 Item 15. Planned Development No. 67 P a g e | 3 8 3. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 4. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor and above), and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3. Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. 4. Additional articulation shall be provided on the sides of townhome units that are adjacent to a public street or open space. c. Single Family Residential building types shall comply with the following standards. 1. The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor and above), and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. 3. Each Single Family home shall have an attached garage. Garages shall be minimum 2-car. Page 278 Item 15. Planned Development No. 67 P a g e | 3 9 4. Carports are not allowed. 5. All fencing shall be 6 feet tall and constructed of either decorative metal, masonry or board on board cedar based upon the developer provided guidelines. 6. Ornamental metal fencing shall be required for any fencing located adjacent to a public park or public hike and bike trail. 7. For lots with a zero (0) side yard setback a. A roof overhang equipped with a gutter may extend a maximum of twelve (12) inches into a neighboring property. No other roof overhangs or extensions from a wall may extend into a neighboring lot. b. The closest exterior roofline to an adjacent property shall be storm guttered if the general slope of the roof falls toward the neighboring property. Gutters shall include returns to direct the water to the lot of origin. c. The “zero” side shall be designated on the Final Plat. All access, maintenance, and use easements shall be provided on preliminary and Final Plats. d. A five (5) foot wide access, maintenance, and use easement shall be dedicated on the Final Plat for all lots adjacent to lots with a “zero” side. The purpose of this easement is to the give the adjoining owner access for maintenance of his/her dwelling. e. The majority of one side of the structure shall be located within three (3) feet of one side lot line. Building walls which are located adjacent to the “zero” side of the lot shall not have any doors, windows, ducts, grills, vents, or other openings. This requirement precludes exterior walls forming enclosures for courts, patios, or similar indentations to the “zero” wall. Conceptual Photos – The following photographs shall be generally representative of the architectural style, color and material selections depicted therein. Page 279 Item 15. Planned Development No. 67 P a g e | 4 0 4.3.4 Window Areas. The window area for Non-residential buildings shall not exceed 80% of any façade for buildings located in Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%, unless otherwise approved by the Director of Development Services or his/her designee. 4.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 4.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 4.3.8 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a building setback or right-of-way for non-residential buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. Page 280 Item 15. Planned Development No. 67 P a g e | 4 1 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right-of-way of Lovers Lane, Coleman Street or Firstt Street, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where front porches are provided for Townhome or Single Family uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 4.4 PERMITTED USES 4.4.1 General. The following general conditions shall apply to Subdistrict 3. Additional commerical uses are allowed for the parcel(s) located on the west side of the railroad as noted in Section 6.7 under Wholesale Uses and Manufacturing/Industrial Uses. 4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance with the Permitted Use Matrix in Section 6.7 of this Ordinance. Page 281 Item 15. Planned Development No. 67 P a g e | 4 2 5.0 SUBDISTRICT 4 – RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the primary purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of detached single-family housing opportunities. In addition, a small commercial tract will provide additional limited retail and commercial uses along Preston Road. 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. 5.2 SINGLE FAMILY RESIDENTIAL TRACT 5.2.1 Property Development Regulations: This property may develop, under the standards for SF-10 as contained in the Town’s Zoning Ordinance as it exists or may be amended, as front entry lot product subject to the specific provisions contained herein below. There will be no alley-served lots within the property. 5.2.2 Density: The maximum number of single family detached dwelling units for this PD is 200. This equates to an overall gross density of 2.82 units per acre. 5.2.3 Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types, provided a minimum of 40% are Type B lots: Type A Lots: Minimum 8,640 square foot lots Type B Lots: Minimum 9,990 square foot lots 5.2.4 Area and building regulations: 1. Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: (a) Minimum Lot Size. The minimum lot size for Type A Lots shall be eight thousand six hundred forty (8640) square feet. A typical lot will be 64’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. (b) Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty four (64) feet, as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of fifty four (54) feet at the front setback provided all other requirements of this section are met. (c) Minimum Yard Setbacks. (1) Minimum Front Yard Setback: The minimum front yard setback for Type A Lots shall be twenty-five (25) feet. Page 282 Item 15. Planned Development No. 67 P a g e | 4 3 (2) Minimum Side Yard Setback: The minimum side yard setback for Type A Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. (3) Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4) Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d) Minimum Floor Space. Each one-story dwelling constructed on a Type A Lot shall contain a minimum of two thousand, three hundred (2300) square feet of floor space; two story dwellings shall be a minimum of two thousand six hundred fifty (2650) square feet. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling (e) Height. The maximum height for structures on Type A Lots shall be forty (40) feet. (f) Driveways. Driveways fronting on a street on Type A Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services. No broom finish concrete driveways will be allowed. (g) Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board 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. Cementitious fiber board may also 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 283 Item 15. Planned Development No. 67 P a g e | 4 4 No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h) Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i) Roofing. Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. The color of any composition roof must appear to be weathered wood shingles, black or slate. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j) Garages. (1) Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. (2) Homes with three (3) garages shall not have more than two (2) garage doors facing the street. (3) No standard, traditional steel garage doors, painted or stained, will be allowed. (4) Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. (5) Doors may be single or double wide doors. (6) Additionally, two of the following upgrades must be incorporated: (a) If single doors, doors must be separated by a masonry column. (b) Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. Page 284 Item 15. Planned Development No. 67 P a g e | 4 5 (c) Doors may incorporate decorative hardware. (d) Doors may incorporate windows. (k) Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9’ on the first floor. (l) Fencing. Fences, walls and/or hedges on Type A Lots shall be constructed to meet the following guidelines. (1) All Type A Lots backing or siding to land designated by plat as public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2) All other Type A lot fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail and shall be supported with galvanized steel posts, 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. (3) Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4) Type A corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per developer guidelines, placed at 21 feet OC. (5) No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m) Landscaping. (1)Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2)The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. (n) Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will not be allowed. 2. Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: (a) Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand nine hundred ninety (9990) square feet. A typical lot will be 74’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. Page 285 Item 15. Planned Development No. 67 P a g e | 4 6 (b) Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy-four (74) feet as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of sixty-four (64) feet at the front setback provided all other requirements of this section are met. (c) Minimum Yard Setbacks. (1) Minimum Front Yard Setback: The minimum front yard setback for Type B Lots shall be twenty-five (25) feet. (2) Minimum Side Yard Setback: The minimum side yard setback for Type B Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. (3) Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4) Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d) Minimum Floor Space. Each single-story dwelling constructed on a Type B Lot shall contain a minimum of two thousand five hundred (2500) square feet of floor space; two story dwellings shall contain a minimum of three thousand (3000) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. (e) Height. The maximum height for structures on Type B Lots shall be forty (40) feet. (f) Driveways. Driveways fronting on a street on Type B Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services No broom finish concrete driveways will be allowed. (g) Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of Page 286 Item 15. Planned Development No. 67 P a g e | 4 7 one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board 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. Cementitious fiber board may also 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. No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h) Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i) Roofing. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. The color of any composition roof must appear to be weathered wood shingles, black or slate. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j) Garages. (1) Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. (2) Homes with three (3) car garages shall not have more than two (2) garage doors facing the street. (3) No standard, traditional steel garage doors, painted or stained, will be allowed. (4) Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. Page 287 Item 15. Planned Development No. 67 P a g e | 4 8 (5) Doors may be single or double wide doors. (6) Additionally, two of the following upgrades must be incorporated: a. If single doors, doors must be separated by a masonry column. b. Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. c. Doors may incorporate decorative hardware. d. Doors may incorporate windows. (k) Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9’ on the first floor. (l) Fencing. Fences, walls and/or hedges on Type B lots shall be constructed to meet the following guidelines. (1) All Type B Lots backing or siding to land designated by plat as a public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2) All other fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail, and shall be supported with galvanized steel posts, 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. (3) Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4) Type B corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per Developer guidelines, placed at 21 feet OC. (5) No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m) Landscaping. (1) Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2) The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. Page 288 Item 15. Planned Development No. 67 P a g e | 4 9 (n) Accessory Structures. Accessory structures used as a garage, a garage apartment, a storage building or guest house, will not be allowed. Page 289 Item 15. Planned Development No. 67 P a g e | 5 0 TABLE 1 Lot Type A Lot Type B Min. permitted lot sizes 8640 sq. ft. 9990 sq. ft. Min. Front Yard 25 ft. 25 ft. Min. Side Yard Corner Lot 7 ft. 15 ft. 7 ft. 15 ft. Min. Rear Yard 25 ft. 25 ft. Max. building Height 40 ft. 40 ft. Max. Lot Coverage 50% 50% Min. Lot Width 64 ft. 74 ft. Min. Lot Depth 125 ft. 125 ft. Min. Dwelling Area 2300 sq. ft. single story 2650 sq. ft. two story 2500 sq. ft. single story 3000 sq. ft. two story 5.3 COMMERCIAL TRACT 5.3.1 PROPERTY DEVELOPMENT REGULATIONS: The approximately 5.5 acre Commercial Tract of this subdistrict shall develop in conformance to the property development regulations established within this planned development ordinance for Subdistrict 1 except as indicated below. 5.4 PERMITTED USES 5.4.1 General. The following conditions apply to Subdistrict 4. a. Big Boxes are not permitted within Subdistrict 4. 5.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.7 of this Ordinance. Page 290 Item 15. Planned Development No. 67 P a g e | 5 1 6.0 GENERAL REQUIREMENTS 6.1 PLAN APPROVAL PROCESSES 6.1.1 General. Development shall generally take place in accordance with the attached Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and Conceptual Thoroughfare Plan (Exhibit H). 6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and approved on the Conceptual Development Plan (Exhibit D). Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan (Exhibit D) may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. Alter the basic relationship of the proposed development to adjacent property 2. Alter the uses permitted, 3. Increase the density, 4. Increase the building height, 5. Increase the coverage of the site, 6. Reduce the off-street parking ratio 7. Reduce the building lines provided at the boundary of the site, or 8. Significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Any change to the boundaries of an individual Subdistrict that results in a change of less than 15% of the land area for that Subdistrict may be authorized by the Director of Development Services or his/her designee. 6.2 OPEN SPACE 6.2.1 General. The open space and parkland dedication requirements shall be in accordance with the Town’s zoning ordinance unless specified herein and/or other requirements / regulations are established via a developer’s agreement with the Town at which time the authorized Developer’s Agreement will hold precedence over this Planned Development and/or the Town’s zoning Ordinance requirements. 6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the following criteria, as relevant: Page 291 Item 15. Planned Development No. 67 P a g e | 5 2 a. A maximum of 1/2 of the required on-site Open Space for either Townhome or Multifamily development may be located off the platted lot however, within 1000’ of any unit of a development towards which it will be counted with respect to the Townhome or Multifamily development but within the boundary of the overall Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system. b. Required Open Space for non-residential areas do not have to be located on the individual platted lots but allocated as part of the overall master plan and/or site plan. 6.3 PARKING REQUIREMENTS 6.3.1 General. The following general standards shall apply. a. The number of parking spaces provided for uses shall be in accordance with the requirements established in Section 6.3.2 of these standards. b. Where on-street parking is provided, angled as well as parallel parking shall be permitted. On-street parking shall not be permitted within 30 feet of the curb line of a cross street, drive or common access easement. c. On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this Planned Development. Parking spaces may be provided in the right-of-way and shall conform to Town standards for vehicle parking areas. No on street parking spaces will be allowed on major or minor thoroughfares. d. Vehicle maneuvering shall be allowed within the public right-of-way where on-street parking is provided. e. When structured parking garages are provided, adequate access from public rights-of- way via private drives and/or access easements shall be made readily available. f. Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. g. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. h. Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of Prosper Fire Department at the time of plat and/or site plan submittal. i. Dead-end parking aisles are discouraged and shall only be permitted in unique circumstances upon approval by the Director of Development Services or his/her designee. j. In the case of mixed uses, uses may share parking spaces where the practicability of shared parking can be demonstrated. The applicant shall submit a parking analysis to the Director of Development Services demonstrating the feasibility of shared parking. The parking analysis shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto other properties. Page 292 Item 15. Planned Development No. 67 P a g e | 5 3 k. Outdoor patio and sidewalk dining, as well as other public seating areas, are permitted; these areas shall be included in parking calculations at a rate of 50% of standard requirements. l. Surface parking is allowed in urban living multifamily development as long as the parking areas other than on-street parking are located internal to the multifamily development and are screened from public right of way through the use of landscaping and/or walls and structures. m. For vertical mixed use developments, no more than one drive with parking on both sides is allowed between the mixed use structure and the public ROW(s) unless otherwise approved by the Town. 6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements:  Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per dwelling unit.  Automobile Oil Change and Similar Establishments: One parking space per service bay plus one parking space per maximum number of employees on a shift. The stacking requirements shall be 3 stacking spaces per bay.  Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car garages shall be permitted to satisfy this requirement through tandem parking spaces by providing one covered space and one space located directly adjacent to the garage, provided the tandem parking spaces have minimum dimensions of nine feet by twenty feet. Townhome units with two-car garages shall provide two covered spaces, located behind the building line, and two maneuvering spaces for each unit.  Dwellings, Multifamily: One and one-half spaces for one bedroom units, plus one- half additional space for each additional bedroom. The required number of spaces shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed parking shall not be required for Multifamily Dwellings except as specified in other sections of this ordinance. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off-street parking requirements. Covered or enclosed parking may be a part of the dwelling structures or an accessory building. Tandem parking spaces shall be permitted to satisfy parking requirement provided they are located in front of a garage and have minimum dimensions of nine feet by twenty feet.  Gasoline Station: Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. A convenient store portion of a gas station shall be parked at a ratio of one parking space per 250 square feet of gross floor area.  Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided.  Medical or Dental Office: One space per 250 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.  Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One space per 250 square feet of gross floor area. Page 293 Item 15. Planned Development No. 67 P a g e | 5 4  Restaurant, Cafe or Similar Dining Establishment: One parking space for each 100 square feet of gross floor area. 6.4 DETENTION PONDS Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If there are no prohibitive regulatory permitting issues or design constraints, these ponds will be constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintain a constant pool elevation. Detention ponds located in less visible locations shall be fully vegetated with turfgrass and designed to drain completely and allow ease of maintenance. All visible outfall structures shall be faced with stone. 6.5 LANDSCAPING 6.5.1 General. All required landscape areas shall comply with the specific standards contained in the Town of Prosper Zoning Ordinance except as noted herein. 6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the land uses specified below. a. Non-Residential and Mixed Use. These standards apply to Non-Residential and Mixed-Use land uses. 1. All retail buildings which back to US 380 shall be screened with the planting of a double row of evergreen trees such as eastern red cedars or other similar tree that will provide a continuous screen. The evergreen trees used for the screen shall be a minimum of 8 foot tall at the time of planting. There will also be additional berming and planting of smaller shrubs and trees within the water line easements along Highway 380 to the extent allowed by the Town. Page 294 Item 15. Planned Development No. 67 P a g e | 5 5 2. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of four caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. The placement of any items in the public right-of-way is subject to the approval of the Town’s staff. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. b. Multifamily. These standards apply to multifamily land uses. 1. Perimeter Requirements. (a) Thoroughfares. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on Lovers Lane, Coleman Street, and Richland Boulevard. A maximum deviation of five feet of the minimum width of the landscape area is permitted, provided the minimum average width of 25 feet or 30 feet; respectively, is maintained. One Large Tree, four-inch caliper minimum per 30 lineal feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing based on species. A minimum of 15 shrubs with a minimum size of five gallons each will be planted in the landscape area for each 30 lineal feet of frontage. Parking abutting the landscape area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Page 295 Item 15. Planned Development No. 67 P a g e | 5 6 (b) Collectors or Other Roadway. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 15 feet in width measured from the property line interior to the property shall be provided adjacent to all other collector streets, where on-street parking is not provided. A maximum deviation of three feet of the minimum width of the landscape area is permitted, provided the minimum average width of ten feet is maintained. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of three caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. 2. Interior Parking. Any multifamily surface parking area shall provide interior landscaping as follows: (a) Twenty square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area. (b) All landscaped areas shall be protected by a raised 6-inch concrete curb. Pavement shall not be placed closer than four feet from the trunk of a tree unless a Town approved root barrier is utilized. (c) Landscape islands shall be located at the terminus of all parking rows, and shall contain at least one Large Tree, four-inch caliper minimum, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. The maximum number of continuous parking spaces may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (d) Landscape islands shall be a minimum of 160 square feet, not less than nine feet wide and a length equal to the abutting space. (e) There shall be at least one Large Tree, three-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (f) Subject to approval by the Director of Development Services or his/her designee, landscape islands may be grouped to form one large island. Grouping for large islands is prohibited adjacent to public street frontage. Page 296 Item 15. Planned Development No. 67 P a g e | 5 7 (g) These standards shall not apply to structured parking facilities. 3. Building Landscaping. Foundation plantings of a single row of shrubs are required along the front façade of all buildings adjacent to a public street. 4. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows: (a) Irrigation lines shall be placed a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. (b) Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. (c) Rain, freeze, and wind detectors shall be installed on all irrigation lines. 6.6 SIGNAGE The developer will follow the Town’s standard signage ordinance with the understanding it can create a special purpose sign district per Section 1.12 of the Town’s sign ordinance for each development phase to meet the unique needs of the overall development. 6.7 PERMITTED USE MATRIX SUBDISTRICT RESIDENTIAL USES 1 2 3 4 Mobile and /or Manufactured Homes Model Home    Multifamily Dwelling (including loft, work/live units and studio apartments)  Private Street Development (excluding MF) S S S Retirement Community Residential Development (RCRD Housing) S S S Single Family Dwelling, Attached (Townhome)   Retirement Housing 12 Single Family Dwelling, Detached   Two Family Dwelling (Duplex) SUBDISTRICT ACCESSORY & INCIDENTAL USES 1 2 3 4 Accessory Building     Caretaker's/Guard's Residence Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL Electronic security facilities including gatehouse and control counter    Garage Apartment (not to be rented)  Guest House (see conditions in Zoning Ordinance; over .5 acre lot)  Homebuilder Marketing Center 1 1 1 1 Home Occupation 2 2 2 Page 297 Item 15. Planned Development No. 67 P a g e | 5 8 SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk    Mobile Food Vendor Retail/Service Incidental Use     Storage Facilities and uses (incidental to primary use)   Temporary Building – see conditions in Town Zoning Ord. (Section 2.0) S S S S EDUCATIONAL, INSTITUTIONAL, PUBLIC AND SPECIAL USES SUBDISTRICT 1 2 3 4 Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3 Athletic Stadium or Field, Public    Cemetery or Mausoleum Civic/Convention Center    College, University, Trade, or Private Boarding School    Community Center     Farm, Ranch, Stable, Garden, or Orchard  Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority   Helistop S S Rehabilitation Care Institution 14 14 Hospital   Household Care Facility S S  House of Worship     Municipal Uses Operated by the Town of Prosper     Museum/Art Gallery    Open Storage – see conditions in Town Zoning Ord.   Park or Playground     Private Recreation Center     Public Recreation Facilities     Rehabilitation Care Facility Rehabilitation Care Institution School, Public     School, Private or Parochial    S TRANSPORTATION, UTILITY AND COMMUNICATIONS USES SUBDISTRICT 1 2 3 4 Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4 Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Electric Power Generating Plant Page 298 Item 15. Planned Development No. 67 P a g e | 5 9 TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 Landfill Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed     Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S Telephone Exchange    S Transit Center S S Utility Distribution/Transmission Facility S S S S Water Treatment Plant S S S S SUBDISTRICT OFFICE AND PROFESSIONAL USES 1 2 3 4 Administrative, Medical, or Professional Office    18 Corporate Campus   Governmental Office    18 Insurance Office    18 Multi-Tenant Office Building    18 Research and Development Center –see conditions in Town Zoning Ord. S S S 18, S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    18, S Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    18 Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    18, S Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps    Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor    18, S Farmer's Market S S S 18, S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    18 Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    18 Pawn Shop Retail Stores and Shops    18 Page 299 Item 15. Planned Development No. 67 P a g e | 6 0 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   18 Bank, Savings and Loan, or Credit Union    18 Beauty Salon/Barber Shop    18 Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    18 Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    18 Contractor's Shop and/or Storage Yard Dance Hall S S Day Care Center, Adult S S S Day Care Center, Child 7 7 7 7 Day Care Center, In-Home 8 8 8 Day Care Center, Incidental S S S S Dinner Theater    Dry Cleaning, Minor    18 Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    18 Health/Fitness Center    18 Hotel – see conditions in Town Zoning Ord., 17   Household Appliance Service and Repair    Indoor Gun Range 9 9 9 Landscaping Service Laundromat    Locksmith/Security System Company    Massage Therapy, Licensed    Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics    Messenger/Courier and Telegraph Services    Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops   Pet Day Care – see conditions in Town Zoning Ord.    Print Shop, Minor    18 Page 300 Item 15. Planned Development No. 67 P a g e | 6 1 SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    18 Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    18 Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    18 Veterinarian Clinic and/or Kennel, Outdoor SUBDISTRICT AUTOMOBILE AND RELATED USES 1 2 3 4 Auto Parts Sales, Inside    Auto Parts Sales, Outside Automobile Parking Lot/Garage    Automobile Paid Parking Lot/Garage    Automobile Repair, Minor   Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash  S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal SUBDISTRICT WHOLESALE USES 1 2 3 4 Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Mini-Warehouse/Public Storage S Office/Showroom 15 Page 301 Item 15. Planned Development No. 67 P a g e | 6 2 SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15 Storage or Wholesale Warehouse 15 Winery S SUBDISTRICT MANUFACTURING AND INDUSTRIAL USES 1 2 3 4 Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL General Manufacturing/Industrial Use Complying with Performance Standards 15 Limited Assembly and Manufacturing Use Complying with Performance Standards 15 Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center S Recycling Plant Trailer/Mobile Home Display and Sales LEGEND  Use permitted in district indicated Use prohibited in district indicated S Use is permitted in district upon approval of a specific use permit 1 Use is permitted in the Subdistrict indicated in accordance with the conditional development standards or limitations in the corresponding numeric end note in Section 6.7.1 of this Ordinance. {This space intentionally left blank} Page 302 Item 15. Planned Development No. 67 P a g e | 6 3 6.7.1 Conditional Development Standards. 1. Homebuilder Marketing Center. Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold. 2. Home Occupation. A home occupation is a business that is customarily carried on in a home by the resident and shall adhere to all of the following conditions and requirements: (a) No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. (b) Only two employees other than the occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. (c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. (d) Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. (e) No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. (f) The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. (g) A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. (h) No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. (i) No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. (j) No storage of hazardous materials for business purposes shall be allowed on the premises. (k) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. (l) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. 3. Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial. Page 303 Item 15. Planned Development No. 67 P a g e | 6 4 4. Antenna, Non-Commercial. (a) Satellite Dishes and Wireless Broadband Antennas (1) In Subdistrict 4 (Single Family Detached), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (2) In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (b) Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 45 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story. 5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses within a Subdistrict only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth antennas are permitted by right in the non-residential districts. The Director of Development Services, or his/her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance (Ordinance 05-20). For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial Page 304 Item 15. Planned Development No. 67 P a g e | 6 5 antenna is a stealth antenna or not when considering site plan approval for the proposal. 6. School District Bus Yard. A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be screened using one of the following methods: (a) Option 1 (1) A six (6) foot ornamental metal fence, (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers, and (3) Five (5) gallon evergreen shrubs on three (3) foot centers. (b) Option 2 (1) A six (6) foot clay-fired brick wall, and (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers. 7. Day Care Center, Child. Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center, Child not operated by a public independent school district is permitted by SUP in all Subdistricts. 8. Day Care Center, In-Home. Permitted by right as a home occupation in the designated Subdistricts and is subject to the regulations of Home Occupation. 9. Shall be permitted by right when serving as a complementary use to a primary use. Shall not be subject to the limitations of a maximum of 15% of a main use. Other similar uses not specifically defined may also be permitted. Primary use sales/services may only be allowed by S.U.P. 10. Limited to one at each of the following intersections: Lover’s Lane at Preston, First Street at Preston, and Lover’s Lane at Coleman Street. 11. Shall be limited to high-end or specialty automobile sales and shall have limited out door model displays. A maximum of two rows of display parking (one drive) is allowed along any street frontage. The use shall only be allowed if permitted by SUP. 12. Only allowed in Subdistrict 4 as detached units. 13. Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards. a. Accessory gas pumps must be located on the same lot as a big box tenant. b. A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet in floor area. c. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. Page 305 Item 15. Planned Development No. 67 P a g e | 6 6 1. For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Future Land Use Plan. 2. Accessory gas pumps do not have to meet the spacing requirement if: i. A major thoroughfare separates the accessory gas pumps from the residential lot; or ii. The Future Land Use Plan designates a lot as residential, but Town Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot. d. Canopies shall have pitched roofs. e. Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building. f. The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage. 14. Requires a S.U.P. if located within 250 feet of single family detached zoning. 15. Uses only allowed west of railroad. 16. Limited to 3 locations on the east side of Preston and 3 locations on the west side of Preston and no more than 2 adjacent to each other. Additional drive-through restaurants are permitted subject to approval of a Specific Use Permit (SUP). 17. Subject to conditions in Town Zoning Ord., except as follows: a. Hotels in Subdistrict 1, as shown on Exhibit D, shall have a maximum height of eighty feet (80’). 18. Use is permitted only within Commercial tract of this subdivision in addition to any other conditions listed. {This space intentionally left blank} Page 306 Item 15. Planned Development No. 67 P a g e | 6 7 7.0 INFRASTRUCTURE DESIGN STANDARDS 7.1 GENERAL Due to the unique and dynamic nature of Town Center Developments, there are a number of design elements that deviate from standard suburban design criteria. Therefore, it is understood that that alternate design criteria may be utilized in the layout and design of this Planned Development. The design criteria may include such elements as design speeds for streets, street and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains, etc.), alternative stormpipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth Metroplex as previously referenced herein or as determined to be comparable developments. Such standards must be approved by the Town’s Engineering Department. Page 307 Item 15. Planned Development No. 67 P a g e | 6 8 8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is attached to but secondary to a main non-residential structure and is generally located above the first floor of the structure. Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area generally associated with the creative arts and which may consist of a single room or series or rooms. Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building. Catering Establishment. An establishment where food and drink are prepared, for immediate off premises consumption. Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses. Dinner Theater. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical or live performance where food and drink are prepared and consumed on the premises during the event. Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure. The dwelling area calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches unenclosed on one or more sides. EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls. Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. There shall be no maximum distance for the required width from the front property line. Landscape Service. Professional service focused on the design and/or installation of landscaping in either a commercial or residential application. The service may include open storage of the materials and equipment used in the process of landscape installation. Messenger / Courier Service. Premium service specializing in the personal delivery of messages, packages and mail. Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract of land or a building. For the purposes of this Planned Development, a Mixed Use Land Use shall include a minimum of two individual land uses (residential/non-residential; retail/multi- family; office/multi-family; etc.). Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels. Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and Page 308 Item 15. Planned Development No. 67 P a g e | 6 9 intended to accommodate multifamily residential uses, including both for-sale and rental units. Parking can be either surface parking and/or structural parking. Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in Section 6.6 of this Ordinance and similar uses. Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment that is either for sale on the premises or is used in the normal course of doing business or conducting a business service. Pest Control / Extermination Service. Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecology or the economy. The service may include open storage of the materials and equipment used in the process of performing the service. Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Retirement Housing. Any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care. Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this Ordinance and similar uses. Security Facilities (including gatehouse and control counter). A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controlling incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it may only house electronic surveillance equipment. Single Family Detached Residence. An independent structure occupying a single platted lot designed for occupancy by one family with no physical attachment to any adjacent structure. Storage Facility. A freestanding or attached structure which is part of a larger commercial or residential development that’s primary function is to store material or equipment necessary for the ongoing maintenance or upkeep of the development which it is associated with. Townhome. A structure containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall. Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work. Page 309 Item 15. Planned Development No. 67 P a g e | 7 0 EXHIBIT “E” Development Schedule Page 310 Item 15. Planned Development No. 67 P a g e | 7 1 Development Schedule It is currently anticipated that the development of Gates of Prosper will begin within two to four years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15 years and is primarily dependent on the marketability of the highest and best use of the land for the respective land tracts. Progress of development improvements will primarily depend on the time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily and townhome residential units in Subdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 300,000 square feet of commercial/retail development has been issued tenant certificates of occupancy by the Town. The required commercial/retail development may include regional retail anchors, a town center mixed-use component, a major multi-purpose medical center with emergency care facilities, a mall, a hotel, or another major development anchor as determined by Town Council. Incorporation of residential units into a mixed-use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Page 311 Item 15. Planned Development No. 67 P a g e | 7 2 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Page 312 Item 15. Planned Development No. 67 P a g e | 7 3 Supplemental DESIGN PRINCIPLES The Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper” is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinforce a uniform spirit and character throughout the development while promoting fresh and visionary diversity.  Subdistricts have been carefully planned to maximize vehicular access to transportation arteries and pedestrian access to future transit systems.  Subdistricts are designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area.  Each Subdistrict can have its own identity yet still create a sense of belonging through use of consistent iconic markers, streetscape designs, landscape forms, signage, lighting and architectural building standards. These elements should allow Subdistricts to transition seamlessly from one to the next.  Public amenities including parks, trails, plazas, interactive areas and gateways are planned to serve as venues for recreation, entertainment and social interaction.  Pedestrian ways should be memorable through their use of landscaping and lighting, and by incorporating shade, street furnishings and other sidewalk amenities. Page 313 Item 15. Planned Development No. 67 P a g e | 7 4 SITE DESIGN The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and as a quality environment that resonates a “sense of place”. This design contributes to the overall identity which adds value to the project as well as the entire community. To promote these benefits the design has incorporated following features:  Street design and streetscapes including boulevards connecting and traversing through the different subdistricts.  Gateway icons that announce entry into and welcome residents and guests to the development. Wayfinding markers that give direction within the development and reinforce the quality of the development.  Public areas that are accessible and provide for a variety of entertainment and recreational experiences.  Subdistricts that allow for a crossover of uses while concentrating like uses for the convenience of residents and guests. SUBDISTRICT DESIGN  Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses.  Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites.  Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts.  Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town and add a complimentary use to the overall development. Page 314 Item 15. Planned Development No. 67 P a g e | 7 5 BUILDING DESIGN Building design is only one element that contributes to the fabric of a community. Although building design can be the most effective means of translating the character, it has to work in concert with all other designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in building design within the limits of a few design criteria. BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component parts, including the size of its footprint, its height, its proportions and its relationship to surrounding buildings. Individual characteristics of mass and scale include:  Form: A buildings form should have a relationship to the proposed streetscape that contributes to a comfortable environment and pleasing pedestrian experience. Its form should also be in context with surrounding buildings.  Shape: A buildings shape should incorporate variations in height, rooflines and wall planes and be expressive without seeming unnatural.  Scale: The use may be a determining factor in the size of a building. Incorporating special design techniques can reduce the apparent scale of a structure, such as: a. Subdividing the façade of the building into top, bottom and middle components. b. Using overhangs and shadow lines to create a sense of depth. c. Changing building finishes or colors at logical breakpoints. d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses. BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form of architectural articulation as described in other sections of this document. Architectural articulation can be achieved in a variety of traditional and imaginative ways. The intent is to allow creative architectural notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of design and identity within subdistricts while maintaining high standards for the overall development. ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together, form the architectural style of buildings. Architectural elements typically include compositions of forms and shapes, patterns of windows, doors, roofs and awnings but can also include compositions of materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the overall development. Page 315 Item 15. Planned Development No. 67 P a g e | 7 6 FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures, and details, shall be used to contribute to the architectural character of the development.  All Retail except Major Anchor Retail shall have ground level storefront extending across a minimum of 50% of front façade length. Other uses shall have window treatments appropriate for their use.  On secondary sides of retail buildings, windows do not need to be provided at ground level; however, buildings should avoid monotonous, uninterrupted walls by incorporating articulation standards as outlined in other sections of this document. A variety of offsets, recesses, etc. shall be used to add variety and interest to the building and eliminate long blank walls.  Same or similar materials will be used on major as well as minor sides of the building to ensure a continuity of the building on all sides. LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will greatly enhance the overall ambiance of the development. Security lighting shall be installed per the codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined in the Town’s Zoning Ordinance as it currently exists or as amended there to. PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to visually identify with the rest of the project. Page 316 Item 15. Planned Development No. 67 P a g e | 7 7 Public Realm Design The public realm exists at the intersections of the various aspects of community living. It consists of areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks, plazas and parks are all components of the public realm, and help create a pedestrian network. This network should be given priority over the street network (vehicle access) and provide visible connections to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian traffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic. The street network should provide connectivity as well as flexibility for future development and be able to accommodate a pedestrian network with appropriate shading from trees and built structures. Other streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and recycling, water features and various art and performance media shall contribute to the pedestrian experience. This shall be in accordance with unified landscaping and streetscape plans. Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological value and appearance of the development. By providing space for recreation, they promote community and gathering and can enhance value for retail, restaurant and residential uses. Page 317 Item 15. Planned Development No. 67 P a g e | 7 8 URBAN Residential Development Guidelines Residential units shall be located in a manner that will provide privacy for residents by one or several of the following:  Provide a small landscaped front setback  Raise or lower the finished ground level relative to the sidewalk level  Allow for encroachment by stoops, stairs and porches within the area between the front façade and the property line ARCHITECTURAL ELEMENTS  Residential buildings shall have relatively little horizontal articulation and simple roofs, with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies and similar extensions are exempt from this standard.  Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building.  Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys, may be provided. PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off-street parking may also be accessed via other public/private streets along the front property line. Page 318 Item 15. Planned Development No. 67 P a g e | 7 9 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Page 319 Item 15. Planned Development No. 67 P a g e | 8 0 APPENDIX A-1—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a-1” Page 320 Item 15. Planned Development No. 67 P a g e | 8 1 APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” Page 321 Item 15. Gates of Prosper Planned Development Ordinance Adopted by Ordinance No. 14-92 May 27, 2014 Amended in its Entirety by Ordinance No. 2021- April 27, 2021 Page 322 Item 15. Planned Development No. 67 P a g e | ii TABLE OF CONTENTS PROJECT FOUNDATION...........................................................................................................1 Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1 ZONING REGULATIONS ...........................................................................................................2 Exhibit A—Zoning Exhibit & Legal Description ......................................................................................... 2 Exhibit A-1–Zoning Exhibit & Legal Description........................................................................................ 3 Exhibit B—Statement of Intent and Purpose ................................................................................................ 8 Exhibit C—Planned Development Standards ............................................................................................... 9 Planned Development General Provisions .......................................................................................... 10 Subdistrict 1—Regional Retail ............................................................................................................. 11 Subdistrict 2—Lifestyle Center ............................................................................................................. 17 Subdistrict 3—Downtown Center ......................................................................................................... 28 Subdistrict 4—Residential Neighborhood ............................................................................................ 35 General Requirements .......................................................................................................................... 39 Permitted Use Matrix ........................................................................................................................... 44 Infrastructure Design Standards .......................................................................................................... 54 Definitions ............................................................................................................................................ 55 Exhibit E—Development Schedule ............................................................................................................ 57 Exhibit F—Supplemental Design Guidelines ............................................................................................. 59 Design Principles ................................................................................................................................. 60 Site Design ............................................................................................................................................ 61 Building Design .................................................................................................................................... 62 Public Realm Design ............................................................................................................................ 64 Urban Residential Development Guidelines ........................................................................................ 65 APPENDICES Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”) Appendix A-1–Zoning Exhibit & Legal Description (Exhibit “A-1”) Appendix B—Conceptual Development Plan (Exhibit “D”) Page 323 Item 15. Planned Development No. 67 P a g e | 1 RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are established in accordance with an adopted Comprehensive Plan. The proposed Planned Development being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s Comprehensive Plan. The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will lead to a more diverse tax base. It will be an environment which encourages a desired lifestyle for residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into the Town’s Old Town District. Page 324 Item 15. Planned Development No. 67 P a g e | 2 EXHIBIT “A” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A’ as Exhibit ‘A’. LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100’ ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89º15’40” West, a distance of 123.47 feet to a point for corner; North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner; North 89º38’54” East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º45’07” West, a distance of 313.06 feet to a point for corner; North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; Page 325 Item 15. Planned Development No. 67 P a g e | 3 North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89º56’58” East, a distance of 257.38 feet to a point for corner; North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner; South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01º02’13” East, a distance of 1546.12 feet to a point for corner; South 89º20’50” West, a distance of 899.18 feet to a point for corner; South 32º50’09” West, a distance of 339.04 feet to a point for corner; North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 – variable width ROW); THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way lien, he following courses and distances to wit: South 54º19’15” East, a distance of 408.23 feet to a point for corner; South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89º12’47” West, a distance of 2794.95 feet to a point for corner; South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. Page 326 Item 15. Planned Development No. 67 P a g e | 4 EXHIBIT “A-1” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A-1’ as Exhibit ‘A-1’. BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No. 147 and the Ben Renison Survey, Abstract No. 755, Town of Prosper, Collin County, Texas, and being a portion of a called “Tract Six”, conveyed to 183 Land Corporation, Inc., as evidenced in a Special Warranty Deed, recorded in County Clerk’s File No. 97-0005168 of the Deed Records of Collin County, Texas, a portion of a called “Tract Seven”, conveyed to 380 & 289, L.P., as evidenced in a Warranty Deed, recorded in Instrument No. 20121219001617180, Official Public Records of Collin County, Texas, and a portion of a called 157.1346-acre tract of land, conveyed to 289 (Preston) & 380, LP, as evidenced in Warranty Deeds, recorded in Instrument No. 20121221001629970 and Instrument No. 20121221001629980, both of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a TXDOT brass disk right of way monument found for the southerly, northeast corner of said “Tract Seven”, and being the intersection of the northwesterly right of way line of State Highway 289 (Preston Road), a variable width right of way with the westerly right of way line of South Craig Road, from said corner, a found wooden TXDOT right of way marker bears South 16°19’ West, 1.35 feet; THENCE South 33°38’18” West, along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 111.45 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.2813-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas, from said corner, a found wooden TXDOT right of way marker bears North 76°00’ East, 0.54 feet; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, the following: South 40°20’31” West, a distance of 85.55 feet to a corner; South 33°38’35” West, a distance of 300.00 feet to a corner; South 37°27’25” West, a distance of 300.67 feet to a corner; South 33°38’35” West, a distance of 208.89 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 33°38’35” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 91.11 feet to a corner; THENCE South 29°26’34” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 200.54 feet to the southernmost corner of said 0.2813-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”, from said corner, a found wooden TXDOT right of way marker bears North 31°18’ East, 16.00 feet; THENCE South 35°04’16” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 385.16 feet to a corner, from which, a found wooden TXDOT right of way marker bears North 44°12’ East, 1.65 feet; Page 327 Item 15. Planned Development No. 67 P a g e | 5 THENCE South 33°38’20” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 300.00 feet to a TXDOT brass disk right of way monument found for a corner, from said corner, a found wooden TXDOT right of way marker bears South 07°00’ East, 2.25 feet; THENCE South 30°18’02” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 392.59 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.0656-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.0656-acre tract, the following: South 33°38’35” West, a distance of 323.03 feet to a corner; South 30°46’46” West, a distance of 100.13 feet to the southerly corner of said 0.0656-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”; THENCE South 35°32’53” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 85.20 feet to a corner; THENCE South 33°56’57” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 199.89 feet to a 5/8-inch iron rod found for a corner; THENCE South 37°09’28” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 42.31 feet to a corner; THENCE North 52°50’32” West, departing the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), crossing said “Tract Seven”, a distance of 25.77 feet to a corner; THENCE North 90°00’00” West, continuing across said “Tract Seven”, passing the westerly line of said “Tract Seven”, the easterly line of aforesaid 157.1346-acre, 289 (Preston) & 380, LP tract, and crossing a public use road known as South Coleman Street, a distance of 972.55 feet to a corner; THENCE in a northerly direction, continuing across said 157.1346-acre tract, the following: North 00°00’00” East, a distance of 431.84 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 21°18’24”, having a radius of 338.00 feet, a chord bearing of North 10°39’12” West, a chord distance of 124.97 feet and an arc length of 125.69 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 41°18’00” West, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 61°17’36” West, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Page 328 Item 15. Planned Development No. 67 P a g e | 6 Along the arc of said curve to the left, through a central angle of 30°02’25”, having a radius of 83.00 feet, a chord bearing of North 76°18’49” West, a chord distance of 43.02 feet and an arc length of 43.52 feet to the end of said curve; North 00°00’00” East, a distance of 84.31 feet to the point of curvature of a non-tangent curve to the left; Along the arc of said curve to the left, through a central angle of 13°19’52”, having a radius of 338.00 feet, a chord bearing of North 75°21’32” East, a chord distance of 78.47 feet and an arc length of 78.64 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 48°42’00” East, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 28°42’24” East, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 35°41’21”, having a radius of 83.00 feet, a chord bearing of North 10°51’43” East, a chord distance of 50.87 feet and an arc length of 51.70 feet to the point of tangency of said curve; North 06°58’57” West, a distance of 35.50 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 06°58’57”, having a radius of 546.00 feet, a chord bearing of North 03°29’29” West, a chord distance of 66.50 feet an an arc length of 66.54 feet to the point of tangency of said curve; THENCE North 00°00’00” East, continuing across said 157.1346-acre tract, crossing the northerly line of said 157.1346-acre tract and the southerly line of aforesaid “Tract Six”, continuing across said “Tract Six”, a distance of 785.38 feet to a corner; THENCE in a northerly and easterly direction, continuing across said 157.1346-acre tract, the following: North 03°48’51” West, a distance of 150.33 feet to a corner; North 00°00’00” East, a distance of 125.00 feet to a corner; North 45°00’00” West, a distance of 35.36 feet to a corner; North 00°00’00” East, a distance of 110.00 fee to a corner; North 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 110.00 feet to a corner; South 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 150.00 feet to a corner; THENCE South 86°11’09” East, continuing across said “Tract Six”, passing the easterly line of said “Tract Six”, the westerly line of aforesaid “Tract Seven”, and crossing aforesaid public use road known as South Coleman Street, a distance of 150.33 feet to a corner; THENCE in an easterly direction, continuing across said “Tract Seven”, the following: North 90°00’00” East, a distance of 923.53 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 34°09’35”, having a radius of 895.00 feet, a chord bearing of South 72°55’13” East, a chord distance of 525.73 feet and an arc length of 533.60 feet to the point of tangency of said curve; South 55°50’25” East, a distance of 56.69 feet to a corner; South 59°39’16” East, a distance of 150.33 feet to a corner; South 55°50’25” East, a distance of 125.21 feet to a corner; North 78°55’07” East, a distance of 13.56 feet to the POINT OF BEGINNING and containing 78.508 acres (3,419,790 square feet) of land, more or less. Page 329 Item 15. Planned Development No. 67 P a g e | 7 EXHIBIT “B” PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integrated Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned Development. The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external to the development. Furthermore, focal points and terminuses have been provided within the thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design. Pedestrian scale design elements will also be incorporated into the site design in order to foster high quality street and sidewalk environments. An essential element to the overall site is the incorporation of an open space system to provide for both active and passive recreational opportunities. The open space system will consist of landscape and hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the development. These elements within the proposed development will be ultimately located so as to provide recreational opportunities within convenient proximity to as many users as possible. The standards contained within this Planned Development District will help to achieve the vision for the overall development. These standards have been formulated so as to provide specificity where necessary and provide flexibility to allow for creative design. {This space intentionally left blank} Page 330 Item 15. Planned Development No. 67 P a g e | 8 EXHIBIT “C” Planned development standards Page 331 Item 15. Planned Development No. 67 P a g e | 9 1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS 1.1 GENERAL The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities to serve the needs of the new residents as well as the existing residents in the general area. Terms used in this ordinance shall have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), in effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined herein. 1.2 SUBDISTRICTS DEFINED 1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. 1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. 1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. 1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities (e.g., Single-family detached). Page 332 Item 15. Planned Development No. 67 P a g e | 1 0 2.0 subdistrict 1—regional retail 2.1 GENERAL PURPOSE AND DESCRIPTION The Regional Retail Subdistrict will serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. The development standards included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the design theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict. 2.2 SITE CRITERIA 2.2.1 Property Development Regulations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2. Table 2-1. Size of Yards Land Use(1) Front Side Corner Rear Retail 30 ft. (2) 30 ft. (2) Commercial 30 ft. (2) 30 ft. (2) Office 30 ft. (2) 30 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2. Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40 feet for a one-story building and 60 feet for a two-story building adjacent to a residential district. Setback may be eliminated for attached buildings. Table 2-2. Size of Lots and Lot Coverage Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth(2) Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3) 0.4:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3) 0.5:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2. Mutual access agreements may be allowed to satisfy legal frontage requirements for individual lots which do not have legal frontage requirements along a public right of way with Town staff approval (Director of Development Services). 3. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. Page 333 Item 15. Planned Development No. 67 P a g e | 1 1 2.3 BUILDING CRITERIA 2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building height requirements set forth in Table 2-3 below. Building height shall be measured to the highest point of a roof surface. Table 2-3. Maximum Building Height Building Type Height (1) # Stories Non-Residential 40 ft. 2 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with Ordinance Chapter 4 Section 9.5. 2.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 1. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. All building façades shall be architecturally finished with 100% masonry with an allowance for up to 15% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall. Textured and painted concrete tilt-wall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating percentages. b. No single material shall exceed more than eighty (80) percent of an elevation area. A minimum of twenty-five (25) percent of the front and side façades shall be natural or manufactured stone. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone; all other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. Page 334 Item 15. Planned Development No. 67 P a g e | 1 2 c. Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as, cedar, redwood, ipe, etc. (for example), tile, ornamental metal, or stucco. Other secondary materials not specifically noted herein may be allowed only if approved by the Town. EIFS and stucco is not allowed on the first nine (9’) feet of a structure. 2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%. 2.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 2.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way, or fire lane and access easements shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. Page 335 Item 15. Planned Development No. 67 P a g e | 1 3 The exterior façade of the parking structure if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 2.3.8 Area A-2. The following specific criteria shall apply to development within Area A-2 as depicted on Exhibit A-1. 1. The support columns for the covered parking structures shall be permitted the use of metal. 2. The required parking ratio for retail businesses shall apply to the net retail area only. 3. Facade Plans shall be approved by the Town Council, subject to a recommendation by the Planning & Zoning Commission. 4. For instances where provisions of this section (Section 2.3) conflict with the conceptual elevations found in Section 2.5.2, the conceptual elevations shall govern. 2.4 PERMITTED USES 2.4.1 General. The following general conditions shall apply to Subdistrict 1. a. Big Box uses are permitted by right within Subdistrict 1. 2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 2.5 CONCEPTUAL RENDERING The following conceptual renderings shall be representative of the architectural style, color and material selections depicted therein. Page 336 Item 15. Planned Development No. 67 P a g e | 1 4 Page 337 Item 15. Planned Development No. 67 P a g e | 1 5 2.5.1 The following conceptual renderings shall be representative of the architectural style, color and material selections in the location identified in Exhibit A- 1. Page 338 Item 15. Planned Development No. 67 P a g e | 1 6 2.5.2 The following conceptual elevations and renderings shall be representative of the architectural style, colors and material selections and placement for the building located within Area A-2, as depicted on Exhibit A-1. Page 339 Item 15. Planned Development No. 67 P a g e | 1 7 Page 340 Item 15. Planned Development No. 67 P a g e | 1 8 Page 341 Item 15. Planned Development No. 67 P a g e | 1 9 3.0 subdistrict 2—LIFESTYLE center 3.1 GENERAL PURPOSE AND DESCRIPTION The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent with the Retail and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the “Town Center” design theme for this Subdistrict by providing opportunities for mixed-use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments within this project. Buildings will be designed to provide active street-fronts that encourage pedestrian activity. The buildings will be arranged such that the viewing of any surface, and/or structured parking is minimal from the surrounding public streets. These developments will be amenitized with carefully arranged, high-quality open spaces to provide a maximum number of premium units while also providing a high level of connectivity to the overall development. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian-friendly community. This lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from throughout the Metroplex. It may also include entertainment type uses as well as Big Box users which would attract patrons from other Cities in and around the Metroplex. 3.2 SITE CRITERIA 3.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. In addition, where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 3-1. Size of Yards Land Use/Housing Type(1) Minimum Front(5) Minimum Side Minimum Corner(5) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use 5 ft. (2) 5 ft. (2) Townhome(3) 5 ft. 5 ft.(4) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (2,4) 5 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 3. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys Page 342 Item 15. Planned Development No. 67 P a g e | 2 0 4. A minimum building separation of 15 feet is required between buildings. Zero feet between individual attached units. 5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval by Town staff. Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 0.6:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. Open space requirements can be accounted for as per section 6.2.2. Table 3-3. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,5001800 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily, Urban Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 3.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and minimum 2 story. b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 3.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Sudistrict 2 shall be 1200600 units. However, the maximum allowed number of multifamily units in this subdistrict shall be reduced by the number of multifamily dwelling units constructed in any other subdistrict, such that the maximum allowable number of multifamily units for this Planned Development District does not exceed 600 units. The maximum number of townhome dwelling units allowed within Sudistrict 2 shall be 150 units. However, the maximum allowed number of townhome units in this subdistrict shall be reduced by the number of townhome units Page 343 Item 15. Planned Development No. 67 P a g e | 2 1 constructed in any other subdistrict, such that the maximum allowable number of townhome units for this Planned Development District does not exceed 150 units. 3.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north-south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt,. and (iii) that portion of land identified as the Lifestyle Center which is located west of Coleman Road, south of Richland Boulevard, east of the BNSF railroad line and north of Gates Parkway. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, and (ii) in subdistrict 3 in accordance with the requirements therein.adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt. 3.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. Upon the issuance by the Town of tenant Certificates of Occupancy of 900,000 square feet of retail the developer may construct up to a total of 1200 multifamily units. 3.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 3.3 BUILDING CRITERIA 3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building height requirements set forth in Table 3-7 below. Building height shall be measured to the highest point of a roof surface. Table 3-6. Maximum Building Height Building Type Height (1) # Stories Non-Residential (2) 80 ft. 5 Hotel 145 ft. 12 Office 145 ft. 12 Mixed Use (Vertical) 80 ft. 5 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5. 2. Includes all non-residential buildings except hotel, office buildings and mixed use. Hospitals will have an allowed height of 12 stories. 3. Refer to Section 8.0 for definition of building type. Page 344 Item 15. Planned Development No. 67 P a g e | 2 2 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single family zoning district. 5. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if predominately visible to public ROW unless otherwise approved by the Town. 6. The minimum height of a townhome is 2 stories. 3.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 2. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 3.3.7. 3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential and Multifamily building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt-wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. Page 345 Item 15. Planned Development No. 67 P a g e | 2 3 2. The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3. The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. 4. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone. All other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 5. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed at 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor or above), and cementicious fiber board (not to exceed 50% of 2nd story, in a different vertical plane and above of any façade area). Windows, doors and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3. Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. Page 346 Item 15. Planned Development No. 67 P a g e | 2 4 Conceptual Photos – The following photographs shall be generally representative of the architectural style, color and material selections depicted therein. Page 347 Item 15. Planned Development No. 67 P a g e | 2 5 3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%. 3.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. Page 348 Item 15. Planned Development No. 67 P a g e | 2 6 3.3.7 Building Articulation. a. Town Center. The Town Center is envisioned as a vibrant mixed use area at the heart of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a pedestrian oriented destination not only for the “Gates” neighborhood but also for the surrounding communities. To create an intimate pedestrian environment, buildings should be designed to incorporate articulation both horizontally and vertically at intervals of not more than 30 feet. Acceptable forms of articulation shall include the following: 1. Canopies, awnings, or porticos 2. Wall recesses / projections 3. Arcades 4. Arches 5. Display windows 6. Architectural details, such as tile work and moldings, integrated into the building façade 7. Articulated ground floor levels or base 8. Articulated cornice line 9. Integrated planters or wing walls that incorporate landscape and sitting areas 10. Offsets, reveals or projecting rib used to express architectural or structural bays 11. Varied roof heights b. Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with facades that face a street, have an entrance, or are highly visible from roads or parking fields shall incorporate changes in wall plane with a depth of at least 6 feet, both horizontally and vertically, at intervals of not more than 100 feet. Page 349 Item 15. Planned Development No. 67 P a g e | 2 7 Building façades that do not face a street or are not visible from roads or parking fields shall incorporate one of the following: 1. Repeating pattern of wall recesses and projections, pilasters, offsets or reveals. 2. Changes of color, texture or material either horizontally or vertically at intervals of not more than 60 feet. 3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way or fire lane and access easement shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 3.3.9 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right-of-way of Preston Road, Lovers Lane, Coleman Street or US Highway 380, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. Page 350 Item 15. Planned Development No. 67 P a g e | 2 8 b. Where balconies, awnings, stoops and front porches are provided for Townhome and multifamily uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 3.4 MULTIFAMILY CRITERIA Multifamily construction within this development shall conform to the following urban-style criteria: 1. For the multi-family construction located outside of the Lifestyle Center, aA minimum of forty (40) percent of the units will have private garages. Structured garages shall qualify as private garages. 2. On-street parallel parking along public and private streets other than major or minor thoroughfares is required and is allowed to count towards the required parking for the adjacent development. 3. All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 4. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. 5. Front porches and/or stoops are required on facades which front public streets. 6. Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to vertical mixed use developments. 7. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located a minimum of four (4) feet from the curb at an average spacing of not more than thirty (30) feet on center. Street trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. 8. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least one location along each block. Conceptual Photographs – The following photographs shall be generally representative of the architectural style, color and material selections depicted therein. Page 351 Item 15. Planned Development No. 67 P a g e | 2 9 Page 352 Item 15. Planned Development No. 67 P a g e | 3 0 3.5 PERMITTED USES 3.5.1 General. The following general conditions shall apply to Subdistrict 2. a. Big Box uses are permitted by right within Subdistrict 2. 3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Page 353 Item 15. Planned Development No. 67 P a g e | 3 1 4.0 subdistrict 3—DOWNTOWN CENTER 4.1 GENERAL PURPOSE AND DESCRIPTION The Downtown Center Subdistrict will serve the purpose of providing an active living and working community benefiting from its proximity to the existing town core and the planned Lifestyle and/or Regional Retail Centers to the south. The development standards for non- residential and mixed-use development included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Single Family Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and architectural standards are intended to define the “Downtown Center” design theme for this Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail venues located within and/or adjacent to this Subdistrict. Open space elements will be located so as to provide convenient recreational space and a central focal element for this Subdistrict, along with a walkable connection to the retail and entertainment districts provided to the south.proposed new Town Hall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for a flexibility of options including medical campus, office, civic activities, and complementary residential housing. This area could also be developed as a more traditional business park/governmental center if proven to better fit the market demands for such a use. 4.2 SITE CRITERIA 4.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or the Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 4-1. Size of Yards – Non Residential and Townhome Land Use/Housing Type(1) Minimum Front(6) Minimum Side(4) Minimum Corner(6) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use (Vertical) 5 ft. (2) 5 ft. (2) Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft.(5) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15 feet adjacent to a residential district; Setback may be eliminated for attached buildings. 3. The front setback may be reduced to 10 feet where vehicular access is provided via a rear alley. 4. Side setback shall be zero feet for interior units with a minimum building separation of 10 feet between buildings without openings (e.g., windows) and 15 feet between buildings with openings. 5. The rear setback may be reduced to 10 feet where vehicular access is provided at the front Page 354 Item 15. Planned Development No. 67 P a g e | 3 2 of the unit. 6. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval of Town Staff. Table 4-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use (Vertical) Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 0.6:1.0 Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 3. Structural parking facilities and surface parking lots shall not be included in lot coverage calculations. Table 4-3. Size of Yards – Residential (Urban Standards) Land Use/Housing Type Minimum Front(3) Minimum Side Minimum Corner Minimum Rear Townhome(12) 5 ft. 5 ft.(3) 15 ft. 20 ft. Single Family (Center Loaded)Multifamily, Urban Living 15 ft. 7 ft. (2)(1,3) 15 ft. 20 ft.(1) Single Family (Side Loaded) 15 ft. 0 ft.(4) 15 ft. 20 ft. Notes 1. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 12. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys.  All garage doors are to be cedar/wood clad or shall be finished to give the appearance of a real wood door.equivalent. Plain mMetal garage doors are not permitted. 23. A minimum building separation of 105 feet is required. 3. Due to the urban nature of this development, the front setback shall not be staggered. 4. If side loaded or zero lot line alternate is used the opposite side yard shall be a minimum of 10’. All buildings shall have a minimum separation of 10’. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width(2) Minimum Lot Depth Maximum Lot Coverage Maximum No. of LotsDensity Townhome 1,8002,500 sq. ft. 20 ft. 90 ft. 90% 15010 du/ac Single Family Multifamily(2) 687510,000 sq. ft. 5580 ft. 100100 ft. 90%(1) N/A Formatted: Superscript Formatted: Superscript Formatted: Indent: Left: 0.25", First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted Table Formatted: Superscript Page 355 Item 15. Planned Development No. 67 P a g e | 3 3 Notes 1. Includes main building, accessory buildings and structured parking facilities. 2. Measured at the front setback line, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of forty-five (45) at the front setback provided all other requirements of this section are met. 4.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b. Single Family Multifamily. The minimum dwelling area for a single family home on a 55 foot wide lot shall be 1800 square feet.one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 4.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 3 shall be 300 units. However, the total number of multifamily units for all Subidstricts may not exceed 600 units. The maximum number of Townhome units in Subdistrict 3 shall be 150 units. However, the maximum combined number of Townhome units in all subdistricts may not exceed 150 units. Any residential units not developed within Subdistrict 3 shall be allowed to be developed in Subdistrict 2 provided the density standards for each Housing Type (See Tables 3-3 and 3-5) for Subdistrict 2 are followed. There is no maximum on the allowable number of Single Family detached lots. 4.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north- south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt. 4.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail Page 356 Item 15. Planned Development No. 67 P a g e | 3 4 development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. 4.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards.. 4.3 BUILDING CRITERIA 4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building height requirements set forth in Table 4-5 below. Building height shall be measured to the highest point of a roof surface. Table 4-5. Maximum Building Height (57) Building Type Height (1) # Stories Non-Residential (2) 60 ft. 4 Hotel 80 ft. 5 Office 100 ft. 8 Hospital 100 ft. 8 Townhome 40 ft. 3(46) Single Family Detached Multifamily, Urban Living(3) 4080 ft. 25(4) Parking Structures(35) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit by a maximum of 20 feet. 2. Does not include hospitals, hotels, office, or medical office buildings. 3. Refer to Section 8.0 for definition of building type. 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single family zoning district. 35. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if generally visible to public ROW. 46. The minimum height of a townhome is two-story. 57. No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.). 4.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 3. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. Page 357 Item 15. Planned Development No. 67 P a g e | 3 5 a. Non-Residential and multifamily building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt- wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2. The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3.2. The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. The rear façade of any non-residential building facing a public right-of-way shall be finished with a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 4.3. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 5.4. All multifamily criteria and conceptual photos in section 3.4 of this Page 358 Item 15. Planned Development No. 67 P a g e | 3 6 ordinance also applies in this subdistrict. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor and above), and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3. Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. 3.4. Additional articulation shall be provided on the sides of townhome units that are adjacent to a public street or open space. c. Single Family Residential building types shall comply with the following standards. 1. The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor and above), and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. 3. Each Single Family home shall have an attached garage. Garages shall be minimum 2-car. 4. Carports are not allowed. 5. All fencing shall be 6 feet tall and constructed of either decorative metal, masonry or board on board cedar based upon the developer provided guidelines. 6. Ornamental metal fencing shall be required for any fencing located adjacent to a public park or public hike and bike trail. 7. For lots with a zero (0) side yard setback a. A roof overhang equipped with a gutter may extend a maximum of twelve (12) inches into a neighboring property. No other roof overhangs or extensions from a wall may extend into a neighboring lot. b. The closest exterior roofline to an adjacent property shall be storm guttered if the general slope of the roof falls toward the neighboring property. Gutters shall include returns to direct the water to the lot of origin. Page 359 Item 15. Planned Development No. 67 P a g e | 3 7 c. The “zero” side shall be designated on the Final Plat. All access, maintenance, and use easements shall be provided on preliminary and Final Plats. d. A five (5) foot wide access, maintenance, and use easement shall be dedicated on the Final Plat for all lots adjacent to lots with a “zero” side. The purpose of this easement is to the give the adjoining owner access for maintenance of his/her dwelling. e. The majority of one side of the structure shall be located within three (3) feet of one side lot line. Building walls which are located adjacent to the “zero” side of the lot shall not have any doors, windows, ducts, grills, vents, or other openings. This requirement precludes exterior walls forming enclosures for courts, patios, or similar indentations to the “zero” wall. Conceptual Photos – The following photographs shall be generally representative of the architectural style, color and material selections depicted therein. 4.3.4 Window Areas. The window area for Non-residential buildings There shall not exceed 80% of any façade area for buildings located in Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%, unless otherwise approved by the Director of Development Services or his/her designee. 4.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. Formatted Page 360 Item 15. Planned Development No. 67 P a g e | 3 8 4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 4.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 4.3.8 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: Page 361 Item 15. Planned Development No. 67 P a g e | 3 9 1. No projection shall be permitted into a building setback or right-of-way of Lovers Lane, Coleman Street or Firstrost Street, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where front porches are provided for Townhome or Single Family uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 4.4 PERMITTED USES 4.4.1 General. The following general conditions shall apply to Subdistrict 3. Additional commerical uses are allowed for the parcel(s) located on the west side of the railroad as noted in Section 6.76 under Wholesale Uses and Manufacturing/Industrial Uses. 4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance with the Permitted Use Matrix in Section 6.76 of this Ordinance. Page 362 Item 15. Planned Development No. 67 P a g e | 4 0 5.0 SUBDISTRICT 4 – RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the primary purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of detached single-family housing opportunities. In addition, a small commercial tract will provide additional limited retail and commercial uses along Preston Road. 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. 5.2 SINGLE FAMILY RESIDENTIAL TRACT 5.2.1 Property Development Regulations: This property may develop, under the standards for SF-10 as contained in the Town’s Zoning Ordinance as it exists or may be amended, as front entry lot product subject to the specific provisions contained herein below. There will be no alley-served lots within the property. 5.2.2 Density: The maximum number of single family detached dwelling units for this PD is 200. This equates to an overall gross density of 2.82 units per acre. 5.2.3 Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types, provided a minimum of 40% are Type B lots: Type A Lots: Minimum 8,640 square foot lots Type B Lots: Minimum 9,990 square foot lots 5.2.4 Area and building regulations: 1. Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: (a) Minimum Lot Size. The minimum lot size for Type A Lots shall be eight thousand six hundred forty (8640) square feet. A typical lot will be 64’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. (b) Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty four (64) feet, as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of fifty four (54) feet at the front setback provided all other requirements of this section are met. (c) Minimum Yard Setbacks. (1) Minimum Front Yard Setback: The minimum front yard setback for Type A Lots shall be twenty-five (25) feet. Page 363 Item 15. Planned Development No. 67 P a g e | 4 1 (2) Minimum Side Yard Setback: The minimum side yard setback for Type A Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. (3) Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4) Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d) Minimum Floor Space. Each one-story dwelling constructed on a Type A Lot shall contain a minimum of two thousand, three hundred (2300) square feet of floor space; two story dwellings shall be a minimum of two thousand six hundred fifty (2650) square feet. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling (e) Height. The maximum height for structures on Type A Lots shall be forty (40) feet. (f) Driveways. Driveways fronting on a street on Type A Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services. No broom finish concrete driveways will be allowed. (g) Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board 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. Cementitious fiber board may also 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 364 Item 15. Planned Development No. 67 P a g e | 4 2 No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h) Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i) Roofing. Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. The color of any composition roof must appear to be weathered wood shingles, black or slate. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j) Garages. (1) Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. (2) Homes with three (3) garages shall not have more than two (2) garage doors facing the street. (3) No standard, traditional steel garage doors, painted or stained, will be allowed. (4) Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. (5) Doors may be single or double wide doors. (6) Additionally, two of the following upgrades must be incorporated: (a) If single doors, doors must be separated by a masonry column. (b) Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. Page 365 Item 15. Planned Development No. 67 P a g e | 4 3 (c) Doors may incorporate decorative hardware. (d) Doors may incorporate windows. (k) Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9’ on the first floor. (l) Fencing. Fences, walls and/or hedges on Type A Lots shall be constructed to meet the following guidelines. (1) All Type A Lots backing or siding to land designated by plat as public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2) All other Type A lot fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail and shall be supported with galvanized steel posts, 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. (3) Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4) Type A corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per developer guidelines, placed at 21 feet OC. (5) No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m) Landscaping. (1)Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2)The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. (n) Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will not be allowed. 2. Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: (a) Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand nine hundred ninety (9990) square feet. A typical lot will be 74’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. Page 366 Item 15. Planned Development No. 67 P a g e | 4 4 (b) Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy-four (74) feet as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of sixty-four (64) feet at the front setback provided all other requirements of this section are met. (c) Minimum Yard Setbacks. (1) Minimum Front Yard Setback: The minimum front yard setback for Type B Lots shall be twenty-five (25) feet. (2) Minimum Side Yard Setback: The minimum side yard setback for Type B Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. (3) Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4) Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d) Minimum Floor Space. Each single-story dwelling constructed on a Type B Lot shall contain a minimum of two thousand five hundred (2500) square feet of floor space; two story dwellings shall contain a minimum of three thousand (3000) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. (e) Height. The maximum height for structures on Type B Lots shall be forty (40) feet. (f) Driveways. Driveways fronting on a street on Type B Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services No broom finish concrete driveways will be allowed. (g) Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of Page 367 Item 15. Planned Development No. 67 P a g e | 4 5 one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board 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. Cementitious fiber board may also 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. No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h) Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i) Roofing. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. The color of any composition roof must appear to be weathered wood shingles, black or slate. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j) Garages. (1) Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. (2) Homes with three (3) car garages shall not have more than two (2) garage doors facing the street. (3) No standard, traditional steel garage doors, painted or stained, will be allowed. (4) Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. Page 368 Item 15. Planned Development No. 67 P a g e | 4 6 (5) Doors may be single or double wide doors. (6) Additionally, two of the following upgrades must be incorporated: a. If single doors, doors must be separated by a masonry column. b. Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. c. Doors may incorporate decorative hardware. d. Doors may incorporate windows. (k) Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9’ on the first floor. (l) Fencing. Fences, walls and/or hedges on Type B lots shall be constructed to meet the following guidelines. (1) All Type B Lots backing or siding to land designated by plat as a public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2) All other fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail, and shall be supported with galvanized steel posts, 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. (3) Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4) Type B corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per Developer guidelines, placed at 21 feet OC. (5) No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m) Landscaping. (1) Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2) The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. Page 369 Item 15. Planned Development No. 67 P a g e | 4 7 (n) Accessory Structures. Accessory structures used as a garage, a garage apartment, a storage building or guest house, will not be allowed. Page 370 Item 15. Planned Development No. 67 P a g e | 4 8 TABLE 1 Lot Type A Lot Type B Min. permitted lot sizes 8640 sq. ft. 9990 sq. ft. Min. Front Yard 25 ft. 25 ft. Min. Side Yard Corner Lot 7 ft. 15 ft. 7 ft. 15 ft. Min. Rear Yard 25 ft. 25 ft. Max. building Height 40 ft. 40 ft. Max. Lot Coverage 50% 50% Min. Lot Width 64 ft. 74 ft. Min. Lot Depth 125 ft. 125 ft. Min. Dwelling Area 2300 sq. ft. single story 2650 sq. ft. two story 2500 sq. ft. single story 3000 sq. ft. two story 5.3 COMMERCIAL TRACT 5.3.1 PROPERTY DEVELOPMENT REGULATIONS: The approximately 5.5 acre Commercial Tract of this subdistrict shall develop in conformance to the property development regulations established within this planned development ordinance for Subdistrict 1 except as indicated below. 5.4 PERMITTED USES 5.4.1 General. The following conditions apply to Subdistrict 4. a. Big Boxes are not permitted within Subdistrict 4. 5.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.7 of this Ordinance. Page 371 Item 15. Planned Development No. 67 P a g e | 4 9 6.0 GENERAL REQUIREMENTS 6.1 PLAN APPROVAL PROCESSES 6.1.1 General. Development shall generally take place in accordance with the attached Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and Conceptual Thoroughfare Plan (Exhibit H). 6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and approved on the Conceptual Development Plan (Exhibit D). Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan (Exhibit D) may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. Alter the basic relationship of the proposed development to adjacent property 2. Alter the uses permitted, 3. Increase the density, 4. Increase the building height, 5. Increase the coverage of the site, 6. Reduce the off-street parking ratio 7. Reduce the building lines provided at the boundary of the site, or 8. Significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Any change to the boundaries of an individual Subdistrict that results in a change of less than 15% of the land area for that Subdistrict may be authorized by the Director of Development Services or his/her designee. 6.2 OPEN SPACE 6.2.1 General. The open space and parkland dedication requirements shall be in accordance with the Town’s zoning ordinance unless specified herein and/or other requirements / regulations are established via a developer’s agreement with the Town at which time the authorized Developer’s Agreement will hold precedence over this Planned Development and/or the Town’s zoning Ordinance requirements. 6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the following criteria, as relevant: Page 372 Item 15. Planned Development No. 67 P a g e | 5 0 a. A maximum of 1/2 of the required on-site Open Space for either Townhome or Multifamily development may be located off the platted lot however, within 1000’ of any unit of a development towards which it will be counted with respect to the Townhome or Multifamily development but within the boundary of the overall Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system. b. Required Open Space for non-residential areas do not have to be located on the individual platted lots but allocated as part of the overall master plan and/or site plan. 6.3 PARKING REQUIREMENTS 6.3.1 General. The following general standards shall apply. a. The number of parking spaces provided for uses shall be in accordance with the requirements established in Section 6.3.2 of these standards. b. Where on-street parking is provided, angled as well as parallel parking shall be permitted. On-street parking shall not be permitted within 30 feet of the curb line of a cross street, drive or common access easement. c. On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this Planned Development. Parking spaces may be provided in the right-of-way and shall conform to Town standards for vehicle parking areas. No on street parking spaces will be allowed on major or minor thoroughfares. d. Vehicle maneuvering shall be allowed within the public right-of-way where on-street parking is provided. e. When structured parking garages are provided, adequate access from public rights-of- way via private drives and/or access easements shall be made readily available. f. Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. g. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. h. Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of Prosper Fire Department at the time of plat and/or site plan submittal. i. Dead-end parking aisles are discouraged and shall only be permitted in unique circumstances upon approval by the Director of Development Services or his/her designee. j. In the case of mixed uses, uses may share parking spaces where the practicability of shared parking can be demonstrated. The applicant shall submit a parking analysis to the Director of Development Services demonstrating the feasibility of shared parking. The parking analysis shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto other properties. Page 373 Item 15. Planned Development No. 67 P a g e | 5 1 k. Outdoor patio and sidewalk dining, as well as other public seating areas, are permitted; these areas shall be included in parking calculations at a rate of 50% of standard requirements. l. Surface parking is allowed in urban living multifamily development as long as the parking areas other than on-street parking are located internal to the multifamily development and are screened from public right of way through the use of landscaping and/or walls and structures. m. For vertical mixed use developments, no more than one drive with parking on both sides is allowed between the mixed use structure and the public ROW(s) unless otherwise approved by the Town. 6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements:  Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per dwelling unit.  Automobile Oil Change and Similar Establishments: One parking space per service bay plus one parking space per maximum number of employees on a shift. The stacking requirements shall be 3 stacking spaces per bay.  Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car garages shall be permitted to satisfy this requirement through tandem parking spaces by providing one covered space and one space located directly adjacent to the garage, provided the tandem parking spaces have minimum dimensions of nine feet by twenty feet. Townhome units with two-car garages shall provide two covered spaces, located behind the front building line, and two maneuvering spaces for each unit. Permitted on-street parking shall count toward the required off-street parking requirement provided the space(s) are within 300 feet of the property line of the affected lot.  Dwellings, Multifamily: One and one-half spaces for one bedroom units, plus one- half additional space for each additional bedroom. The required number of spaces shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed parking shall not be required for Multifamily Dwellings except as specified in other sections of this ordinance. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off-street parking requirements. Covered or enclosed parking may be a part of the dwelling structures or an accessory building. Tandem parking spaces shall be permitted to satisfy parking requirement provided they are located in front of a garage and have minimum dimensions of nine feet by twenty feet.  Gasoline Station: Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. A convenient store portion of a gas station shall be parked at a ratio of one parking space per 250 square feet of gross floor area.  Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided. Page 374 Item 15. Planned Development No. 67 P a g e | 5 2  Medical or Dental Office: One space per 250 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.  Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One space per 250 square feet of gross floor area.  Restaurant, Cafe or Similar Dining Establishment: One parking space for each 100 square feet of gross floor area. 6.4 DETENTION PONDS Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If there are no prohibitive regulatory permitting issues or design constraints, these ponds will be constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintain a constant pool elevation. Detention ponds located in less visible locations shall be fully vegetated with turfgrass and designed to drain completely and allow ease of maintenance. All visible outfall structures shall be faced with stone. 6.5 LANDSCAPING 6.5.1 General. All required landscape areas shall comply with the specific standards contained in the Town of Prosper Zoning Ordinance except as noted herein. 6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the land uses specified below. a. Non-Residential and Mixed Use. These standards apply to Non-Residential and Mixed-Use land uses. 1. All retail buildings which back to US 380 shall be screened with the planting of a double row of evergreen trees such as eastern red cedars or other similar tree that will provide a continuous screen. The evergreen trees used for the screen shall be a minimum of 8 foot tall at the time of planting. There will also be additional berming and planting of smaller shrubs and trees within the water line easements along Highway 380 to the extent allowed by the Town. Page 375 Item 15. Planned Development No. 67 P a g e | 5 3 2. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of four caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. The placement of any items in the public right-of-way is subject to the approval of the Town’s staff. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. b. Multifamily. These standards apply to multifamily land uses. 1. Perimeter Requirements. (a) Thoroughfares. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on Lovers Lane, Coleman Street, and Richland Boulevard. A maximum deviation of five feet of the minimum width of the landscape area is permitted, provided the minimum average width of 25 feet or 30 feet; respectively, is maintained. One Large Tree, four-inch caliper minimum per 30 lineal feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing based on species. A minimum of 15 shrubs with a minimum size of five gallons each will be planted in the landscape area for each 30 lineal feet of frontage. Parking abutting the landscape area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Page 376 Item 15. Planned Development No. 67 P a g e | 5 4 (b) Collectors or Other Roadway. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 15 feet in width measured from the property line interior to the property shall be provided adjacent to all other collector streets, where on-street parking is not provided. A maximum deviation of three feet of the minimum width of the landscape area is permitted, provided the minimum average width of ten feet is maintained. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of three caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. 2. Interior Parking. Any multifamily surface parking area shall provide interior landscaping as follows: (a) Twenty square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area. (b) All landscaped areas shall be protected by a raised 6-inch concrete curb. Pavement shall not be placed closer than four feet from the trunk of a tree unless a Town approved root barrier is utilized. (c) Landscape islands shall be located at the terminus of all parking rows, and shall contain at least one Large Tree, four-inch caliper minimum, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. The maximum number of continuous parking spaces may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (d) Landscape islands shall be a minimum of 160 square feet, not less than nine feet wide and a length equal to the abutting space. (e) There shall be at least one Large Tree, three-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (f) Subject to approval by the Director of Development Services or his/her designee, landscape islands may be grouped to form one large island. Grouping for large islands is prohibited adjacent to public street frontage. Page 377 Item 15. Planned Development No. 67 P a g e | 5 5 (g) These standards shall not apply to structured parking facilities. 3. Building Landscaping. Foundation plantings of a single row of shrubs are required along the front façade of all buildings adjacent to a public street. 4. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows: (a) Irrigation lines shall be placed a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. (b) Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. (c) Rain, freeze, and wind detectors shall be installed on all irrigation lines. 6.6 SIGNAGE The developer will follow the Town’s standard signage ordinance with the understanding it can create a special purpose sign district per Section 1.12 of the Town’s sign ordinance for each development phase to meet the unique needs of the overall development. 6.7 PERMITTED USE MATRIX SUBDISTRICT RESIDENTIAL USES 1 2 3 4 Mobile and /or Manufactured Homes Model Home    Multifamily Dwelling (including loft, work/live units and studio apartments)   Private Street Development (excluding MF) S S S Retirement Community Residential Development (RCRD Housing) S S S Single Family Dwelling, Attached (Townhome)   Retirement Housing 12 Single Family Dwelling, Detached   Two Family Dwelling (Duplex) SUBDISTRICT ACCESSORY & INCIDENTAL USES 1 2 3 4 Accessory Building     Caretaker's/Guard's Residence Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL Electronic security facilities including gatehouse and control counter    Garage Apartment (not to be rented)  Guest House (see conditions in Zoning Ordinance; over .5 acre lot)  Homebuilder Marketing Center 1 1 1 1 Home Occupation 2 2 2 Page 378 Item 15. Planned Development No. 67 P a g e | 5 6 SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk    Mobile Food Vendor Retail/Service Incidental Use     Storage Facilities and uses (incidental to primary use)   Temporary Building – see conditions in Town Zoning Ord. (Section 2.0) S S S S EDUCATIONAL, INSTITUTIONAL, PUBLIC AND SPECIAL USES SUBDISTRICT 1 2 3 4 Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3 Athletic Stadium or Field, Public    Cemetery or Mausoleum Civic/Convention Center    College, University, Trade, or Private Boarding School    Community Center     Farm, Ranch, Stable, Garden, or Orchard  Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority   Helistop S S Rehabilitation Care Institution 14 14 Hospital   Household Care Facility S S  House of Worship     Municipal Uses Operated by the Town of Prosper     Museum/Art Gallery    Open Storage – see conditions in Town Zoning Ord.   Park or Playground     Private Recreation Center     Public Recreation Facilities     Rehabilitation Care Facility Rehabilitation Care Institution School, Public     School, Private or Parochial    S TRANSPORTATION, UTILITY AND COMMUNICATIONS USES SUBDISTRICT 1 2 3 4 Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4 Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Electric Power Generating Plant Page 379 Item 15. Planned Development No. 67 P a g e | 5 7 TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 Landfill Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed     Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S Telephone Exchange    S Transit Center S S Utility Distribution/Transmission Facility S S S S Water Treatment Plant S S S S SUBDISTRICT OFFICE AND PROFESSIONAL USES 1 2 3 4 Administrative, Medical, or Professional Office    18 Corporate Campus   Governmental Office    18 Insurance Office    18 Multi-Tenant Office Building    18 Research and Development Center –see conditions in Town Zoning Ord. S S S 18, S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    18, S Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    18 Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    18, S Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps    Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor    18, S Farmer's Market S S S 18, S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    18 Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    18 Pawn Shop Retail Stores and Shops    18 Page 380 Item 15. Planned Development No. 67 P a g e | 5 8 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   18 Bank, Savings and Loan, or Credit Union    18 Beauty Salon/Barber Shop    18 Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    18 Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    18 Contractor's Shop and/or Storage Yard Dance Hall S S Day Care Center, Adult S S S Day Care Center, Child 7 7 7 7 Day Care Center, In-Home 8 8 8 Day Care Center, Incidental S S S S Dinner Theater    Dry Cleaning, Minor    18 Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    18 Health/Fitness Center    18 Hotel – see conditions in Town Zoning Ord., 17   Household Appliance Service and Repair    Indoor Gun Range 9 9 9 Landscaping Service Laundromat    Locksmith/Security System Company    Massage Therapy, Licensed    Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics    Messenger/Courier and Telegraph Services    Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops   Pet Day Care – see conditions in Town Zoning Ord.    Print Shop, Minor    18 Page 381 Item 15. Planned Development No. 67 P a g e | 5 9 SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    18 Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    18 Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    18 Veterinarian Clinic and/or Kennel, Outdoor SUBDISTRICT AUTOMOBILE AND RELATED USES 1 2 3 4 Auto Parts Sales, Inside    Auto Parts Sales, Outside Automobile Parking Lot/Garage    Automobile Paid Parking Lot/Garage    Automobile Repair, Minor   Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash  S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal SUBDISTRICT WHOLESALE USES 1 2 3 4 Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Mini-Warehouse/Public Storage S Office/Showroom 15 Page 382 Item 15. Planned Development No. 67 P a g e | 6 0 SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15 Storage or Wholesale Warehouse 15 Winery S SUBDISTRICT MANUFACTURING AND INDUSTRIAL USES 1 2 3 4 Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL General Manufacturing/Industrial Use Complying with Performance Standards 15 Limited Assembly and Manufacturing Use Complying with Performance Standards 15 Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center S Recycling Plant Trailer/Mobile Home Display and Sales LEGEND  Use permitted in district indicated Use prohibited in district indicated S Use is permitted in district upon approval of a specific use permit 1 Use is permitted in the Subdistrict indicated in accordance with the conditional development standards or limitations in the corresponding numeric end note in Section 6.76.1 of this Ordinance. {This space intentionally left blank} Page 383 Item 15. Planned Development No. 67 P a g e | 6 1 6.7.1 Conditional Development Standards. 1. Homebuilder Marketing Center. Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold. 2. Home Occupation. A home occupation is a business that is customarily carried on in a home by the resident and shall adhere to all of the following conditions and requirements: (a) No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. (b) Only two employees other than the occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. (c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. (d) Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. (e) No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. (f) The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. (g) A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. (h) No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. (i) No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. (j) No storage of hazardous materials for business purposes shall be allowed on the premises. (k) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. (l) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. 3. Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial. Page 384 Item 15. Planned Development No. 67 P a g e | 6 2 4. Antenna, Non-Commercial. (a) Satellite Dishes and Wireless Broadband Antennas (1) In Subdistrict 4 (Single Family Detached), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (2) In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (b) Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 45 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story. 5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses within a Subdistrict only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth antennas are permitted by right in the non-residential districts. The Director of Development Services, or his/her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance (Ordinance 05-20). For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial Page 385 Item 15. Planned Development No. 67 P a g e | 6 3 antenna is a stealth antenna or not when considering site plan approval for the proposal. 6. School District Bus Yard. A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be screened using one of the following methods: (a) Option 1 (1) A six (6) foot ornamental metal fence, (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers, and (3) Five (5) gallon evergreen shrubs on three (3) foot centers. (b) Option 2 (1) A six (6) foot clay-fired brick wall, and (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers. 7. Day Care Center, Child. Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center, Child not operated by a public independent school district is permitted by SUP in all Subdistricts. 8. Day Care Center, In-Home. Permitted by right as a home occupation in the designated Subdistricts and is subject to the regulations of Home Occupation. 9. Shall be permitted by right when serving as a complementary use to a primary use. Shall not be subject to the limitations of a maximum of 15% of a main use. Other similar uses not specifically defined may also be permitted. Primary use sales/services may only be allowed by S.U.P. 10. Limited to one at each of the following intersections: Lover’s Lane at Preston, First Street at Preston, and Lover’s Lane at Coleman Street. 11. Shall be limited to high-end or specialty automobile sales and shall have limited out door model displays. A maximum of two rows of display parking (one drive) is allowed along any street frontage. The use shall only be allowed if permitted by SUP. 12. Only allowed in Subdistrict 4 as detached units. 13. Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards. a. Accessory gas pumps must be located on the same lot as a big box tenant. b. A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet in floor area. c. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. Page 386 Item 15. Planned Development No. 67 P a g e | 6 4 1. For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Future Land Use Plan. 2. Accessory gas pumps do not have to meet the spacing requirement if: i. A major thoroughfare separates the accessory gas pumps from the residential lot; or ii. The Future Land Use Plan designates a lot as residential, but Town Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot. d. Canopies shall have pitched roofs. e. Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building. f. The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage. 14. Requires a S.U.P. if located within 250 feet of single family detached zoning. 15. Uses only allowed west of railroad. 16. Limited to 3 locations on the east side of Preston and 3 locations on the west side of Preston and no more than 2 adjacent to each other. Additional drive-through restaurants are permitted subject to approval of a Specific Use Permit (SUP). 17. Subject to conditions in Town Zoning Ord., except as follows: a. Hotels in Subdistrict 1, as shown on Exhibit D, shall have a maximum height of eighty feet (80’). 18. Use is permitted only within Commercial tract of this subdivision in addition to any other conditions listed. {This space intentionally left blank} Page 387 Item 15. Planned Development No. 67 P a g e | 6 5 7.0 INFRASTRUCTURE DESIGN STANDARDS 7.1 GENERAL Due to the unique and dynamic nature of Town Center Developments, there are a number of design elements that deviate from standard suburban design criteria. Therefore, it is understood that that alternate design criteria may be utilized in the layout and design of this Planned Development. The design criteria may include such elements as design speeds for streets, street and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains, etc.), alternative stormpipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth Metroplex as previously referenced herein or as determined to be comparable developments. Such standards must be approved by the Town’s Engineering Department. Page 388 Item 15. Planned Development No. 67 P a g e | 6 6 8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is attached to but secondary to a main non-residential structure and is generally located above the first floor of the structure. Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area generally associated with the creative arts and which may consist of a single room or series or rooms. Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building. Catering Establishment. An establishment where food and drink are prepared, for immediate off premises consumption. Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses. Dinner Theater. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical or live performance where food and drink are prepared and consumed on the premises during the event. Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure. The dwelling area calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches unenclosed on one or more sides. EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls. Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. There shall be no maximum distance for the required width from the front property line. Landscape Service. Professional service focused on the design and/or installation of landscaping in either a commercial or residential application. The service may include open storage of the materials and equipment used in the process of landscape installation. Messenger / Courier Service. Premium service specializing in the personal delivery of messages, packages and mail. Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract of land or a building. For the purposes of this Planned Development, a Mixed Use Land Use shall include a minimum of two individual land uses (residential/non-residential; retail/multi- family; office/multi-family; etc.). Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels. Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and Page 389 Item 15. Planned Development No. 67 P a g e | 6 7 intended to accommodate multifamily residential uses, including both for-sale and rental units. Parking can be either surface parking and/or structural parking. Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in Section 6.6 of this Ordinance and similar uses. Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment that is either for sale on the premises or is used in the normal course of doing business or conducting a business service. Pest Control / Extermination Service. Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecology or the economy. The service may include open storage of the materials and equipment used in the process of performing the service. Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Retirement Housing. Any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care. Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this Ordinance and similar uses. Security Facilities (including gatehouse and control counter). A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controlling incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it may only house electronic surveillance equipment. Single Family Detached Residence. An independent structure occupying a single platted lot designed for occupancy by one family with no physical attachment to any adjacent structure. Storage Facility. A freestanding or attached structure which is part of a larger commercial or residential development that’s primary function is to store material or equipment necessary for the ongoing maintenance or upkeep of the development which it is associated with. Townhome. A structure containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall. Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work. Formatted: Font: Not Italic Page 390 Item 15. Planned Development No. 67 P a g e | 6 8 EXHIBIT “E” Development Schedule Page 391 Item 15. Planned Development No. 67 P a g e | 6 9 Development Schedule It is currently anticipated that the development of Gates of Prosper will begin within two to four years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15 years and is primarily dependent on the marketability of the highest and best use of the land for the respective land tracts. Progress of development improvements will primarily depend on the time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily and townhome residential units in Subdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 300,000 square feet of commercial/retail development has been issued tenant certificates of occupancy by the Town. The required commercial/retail development may include regional retail anchors, a town center mixed-use component, a major multi-purpose medical center with emergency care facilities, a mall, a hotel, or another major development anchor as determined by Town Council. Incorporation of residential units into a mixed-use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Page 392 Item 15. Planned Development No. 67 P a g e | 7 0 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Page 393 Item 15. Planned Development No. 67 P a g e | 7 1 Supplemental DESIGN PRINCIPLES The Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper” is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinforce a uniform spirit and character throughout the development while promoting fresh and visionary diversity.  Subdistricts have been carefully planned to maximize vehicular access to transportation arteries and pedestrian access to future transit systems.  Subdistricts are designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area.  Each Subdistrict can have its own identity yet still create a sense of belonging through use of consistent iconic markers, streetscape designs, landscape forms, signage, lighting and architectural building standards. These elements should allow Subdistricts to transition seamlessly from one to the next.  Public amenities including parks, trails, plazas, interactive areas and gateways are planned to serve as venues for recreation, entertainment and social interaction.  Pedestrian ways should be memorable through their use of landscaping and lighting, and by incorporating shade, street furnishings and other sidewalk amenities. Page 394 Item 15. Planned Development No. 67 P a g e | 7 2 SITE DESIGN The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and as a quality environment that resonates a “sense of place”. This design contributes to the overall identity which adds value to the project as well as the entire community. To promote these benefits the design has incorporated following features:  Street design and streetscapes including boulevards connecting and traversing through the different subdistricts.  Gateway icons that announce entry into and welcome residents and guests to the development. Wayfinding markers that give direction within the development and reinforce the quality of the development.  Public areas that are accessible and provide for a variety of entertainment and recreational experiences.  Subdistricts that allow for a crossover of uses while concentrating like uses for the convenience of residents and guests. SUBDISTRICT DESIGN  Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses.  Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites.  Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts.  Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town and add a complimentary use to the overall development. Page 395 Item 15. Planned Development No. 67 P a g e | 7 3 BUILDING DESIGN Building design is only one element that contributes to the fabric of a community. Although building design can be the most effective means of translating the character, it has to work in concert with all other designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in building design within the limits of a few design criteria. BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component parts, including the size of its footprint, its height, its proportions and its relationship to surrounding buildings. Individual characteristics of mass and scale include:  Form: A buildings form should have a relationship to the proposed streetscape that contributes to a comfortable environment and pleasing pedestrian experience. Its form should also be in context with surrounding buildings.  Shape: A buildings shape should incorporate variations in height, rooflines and wall planes and be expressive without seeming unnatural.  Scale: The use may be a determining factor in the size of a building. Incorporating special design techniques can reduce the apparent scale of a structure, such as: a. Subdividing the façade of the building into top, bottom and middle components. b. Using overhangs and shadow lines to create a sense of depth. c. Changing building finishes or colors at logical breakpoints. d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses. BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form of architectural articulation as described in other sections of this document. Architectural articulation can be achieved in a variety of traditional and imaginative ways. The intent is to allow creative architectural notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of design and identity within subdistricts while maintaining high standards for the overall development. ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together, form the architectural style of buildings. Architectural elements typically include compositions of forms and shapes, patterns of windows, doors, roofs and awnings but can also include compositions of materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the overall development. Page 396 Item 15. Planned Development No. 67 P a g e | 7 4 FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures, and details, shall be used to contribute to the architectural character of the development.  All Retail except Major Anchor Retail shall have ground level storefront extending across a minimum of 50% of front façade length. Other uses shall have window treatments appropriate for their use.  On secondary sides of retail buildings, windows do not need to be provided at ground level; however, buildings should avoid monotonous, uninterrupted walls by incorporating articulation standards as outlined in other sections of this document. A variety of offsets, recesses, etc. shall be used to add variety and interest to the building and eliminate long blank walls.  Same or similar materials will be used on major as well as minor sides of the building to ensure a continuity of the building on all sides. LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will greatly enhance the overall ambiance of the development. Security lighting shall be installed per the codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined in the Town’s Zoning Ordinance as it currently exists or as amended there to. PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to visually identify with the rest of the project. Page 397 Item 15. Planned Development No. 67 P a g e | 7 5 Public Realm Design The public realm exists at the intersections of the various aspects of community living. It consists of areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks, plazas and parks are all components of the public realm, and help create a pedestrian network. This network should be given priority over the street network (vehicle access) and provide visible connections to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian traffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic. The street network should provide connectivity as well as flexibility for future development and be able to accommodate a pedestrian network with appropriate shading from trees and built structures. Other streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and recycling, water features and various art and performance media shall contribute to the pedestrian experience. This shall be in accordance with unified landscaping and streetscape plans. Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological value and appearance of the development. By providing space for recreation, they promote community and gathering and can enhance value for retail, restaurant and residential uses. Page 398 Item 15. Planned Development No. 67 P a g e | 7 6 URBAN Residential Development Guidelines Residential units shall be located in a manner that will provide privacy for residents by one or several of the following:  Provide a small landscaped front setback  Raise or lower the finished ground level relative to the sidewalk level  Allow for encroachment by stoops, stairs and porches within the area between the front façade and the property line ARCHITECTURAL ELEMENTS  Residential buildings shall have relatively little horizontal articulation and simple roofs, with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies and similar extensions are exempt from this standard.  Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building.  Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys, may be provided. PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off-street parking may also be accessed via other public/private streets along the front property line. Page 399 Item 15. Planned Development No. 67 P a g e | 7 7 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Page 400 Item 15. Planned Development No. 67 P a g e | 7 8 APPENDIX A-1—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a-1” Page 401 Item 15. Planned Development No. 67 P a g e | 7 9 APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” Page 402 Item 15. D a t e :0 7.0 2 .2 5 Page 403 Item 15. i Ai .,, 7 i 1 -7-';- I i 1 i 1 _, J.--- FIRST STREET" -, - - — TST nTRACT3it; 11;1,.. if, OFFICE IANN INN--'+ Q•PROPOSED ZONING MIXED USE PD-SUBDISTRICT 3 J I 114'•o y S• DOWNTOWN CENTER)' MXEDU IC IC f— OFFICE iOFFICEI OFFICE, a 111.81 GROSS ACRES MIXED USE MIXED USE MIXED USE f . 94.92 NET ACRES 1 FICE OFFICE. J 1 ii.I IXED USE MIXED UOFFICEI I: -. MIXED USE L`' rCT4 tt• lu PDI BD19T0 4 444 li l 1 77////----}---j-, III 71.43 ORO :ICK)P OFFICE, ( 82:04 NET AC I...•J MIXED USE J TRg ,4 8 I FUEL PROPO wa.osmfaelaulrt r __ 1."Y ti -Y aLL T 7 56]F ( REGUB0I T A,. II A/. s- it: 1 4 I Mr N W f . r ` y D, R ' -. 46,.82 GROSS,ACRES, yam• GE. f H i At S5 • Him 4, , ; Tr- _.1Ir ' r -O 1}( R {v 1 + R``` R "wt i41. e . . t, T...I: I i PP'DPU®DEIDSTZROINCITNG T4F (RE61ONAL RETAIL) 4E_ 1 a T / t e• fi°VO' F 244138 GROSS ACRES 6 I o 1 I > 't9f7.2t NET ACRES ger ysTRACT2 1 g t kt A i I.I R ANcroq PROPOSED ZONING dF fi' FT"fsL . PD-SUBDISTRICT 2 fit• RETN"LI, LIFESTYLE CENTER) rT*T •- 1 t• 146.49 GROSS ACRES III :IIII I f ®® • t'~- /I+I n>7 SF._ 129.43 NET ACRES rtio wirN N E! giiii II1, I I-, , AN3O5 $ AC0OSR P r U.S.HIGHWAY Mu it NOTE r1 M - M THE THOROUGHFARE ALIGNMENT(S)SHOWN ON THIS EXHIBIT ARE FOR I aOi•"• ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT.THE f // xawLALIGNMENTISDETERMINEDATTIMEOFFINALPLAT. CCC. a, OVERALL BUILDING.PARKING AND LOT LAYOUTS SHOWN ON THIS EXHIBIT ARE Gates of Prosper FOR ILLUSTRATION PURPOSES AND DO NOT REPRESENT THE FINAL LAYOUT Exhibit D-62 1 .07 Acres O'B R I E N ARCHITECTSBlueStarLandDate:03.03.21 Scale 1"=300 Page 404 Item 15. Amendment of Planned Development-67 Gates of Prosper –Subdistricts 2 and 3 (ZONE-24-0012) Page 405 Item 15. Agenda Item 6. Conduct a Public Hearing and consider and act upon a request to amend the uses and conceptual layout of a portion of Subdistrict 2 and Subdistrict 3 of Planned Development-67, consisting of 258.3±acres on the west of Preston Road between US 380 (University Drive) and First Street. (ZONE-24-0012) Page 406 Item 15. Page 407 Item 15. Page 408 Item 15. Future Land Use Plan: The Future Land Use Plan recommends Town Center for the property east of Burlington Railroad.A small portion of the property is west of the railroad and designated Dallas North Tollway District.There are also Park and Floodplain designations within the property. Page 409 Item 15. Page 410 Item 15. Page 411 Item 15. Page 412 Item 15. Previous Conceptual Plan Proposed Conceptual Plan Subdistrict 2 Lifestyle Center. Serves the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on a single or contiguous building sites. Page 413 Item 15. Previous Conceptual Plan Proposed Conceptual Plan Subdistrict 3 Downtown Center. Serves the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts. Page 414 Item 15. Information Background: On September 17, 2024, the Town Council and Planning & Zoning Commission held a Joint Work Session to discuss the proposed amendment to modify the residential components of Subdistricts 2 and 3. At the time, the proposal was to modify Subdistrict 2 to allow for 600 additional multifamily units and modify Subdistrict 3 to allow 150 alley-served single-family lots, of which a maximum 110 lots would have a 40-foot lot width. District 3 was to also have a maximum 150 townhomes, a use that is already allowed within the Planned Development. Page 415 Item 15. Proposed Modifications Multifamily Current Criteria for Multifamily: •Maximum 600 units for all Subdistricts •Maximum 600 units for Subdistrict 2 •Maximum 300 Multifamily Units for Subdistrict 3 Proposed Criteria for Multifamily: •Maximum 1,200 units for all Subdistricts •Existing 600 units in Subdistrict 2 •Additional 600 units allowed in Subdistrict 2 •A clarification was added to the standard that 40 percent of units will have private garages; it only applies to the multifamily that is outside of the Lifestyle Center. Page 416 Item 15. Proposed Modifications Townhomes Existing Criteria for Townhomes: •Maximum 150 units for all Subdistricts •Maximum 150 units in Subdistrict 2 •Maximum 150 units in Subdistrict 3 •Minimum lot area of 2,500 square feet o The applicant indicated that this minimum area was in error. The lot width minimum is 20 ft and the lot depth minimum is 90 ft, resulting in a lot area of 1,800 sq ft. Proposed Criteria for Townhomes: •Townhomes still allowed in each subdistrict; the concept plan shows all 150 units within Subdistrict 3 •Minimum lot area of 1,800 square feet •Addition that greater articulation will be provided on sides of townhomes adjacent to public streets and open spaces Page 417 Item 15. Proposed Modifications Single Family Existing Criteria for Single Family •Maximum 200 units •Only permitted within Subdistrict 4 •Two lot types at 8,640 sq ft (64 ft x 125 ft) and 9,990 sq ft (74 ft x 125 ft) Proposed Criteria for Single Family •200 Maximum units in Subdistrict 4 per lot types listed above (no change) Starview Phases 1 and 2 consist of 173 front-entry lots •No Maximum of Allowable units in Subdistrict 3 •Front-entry lots •Provision added that front yard setbacks will not be staggered Page 418 Item 15. Proposed Modifications Single Family Proposed Criteria for Single Family (continued) •Addition of architectural criteria for single family buildings •Minimum lot width –55 ft •Minimum lot depth –100 ft •Minimum lot area –6,875 sq ft •Minimum dwelling size –1,800 sq ft •Maximum height –40 ft / two-stories •Lots may be center loaded or zero lot line patio homes •Center Loaded Setbacks: 15’ front / 7’ side / 20’ rear •Side Loaded (Patio Home) Setbacks: 15’ front / 0’ side / 20’ rear •A 10 ft separation is required between adjacent side loaded units Page 419 Item 15. Noticing Notices: •Mail –Friday, July 25th •Newspaper –Friday, August 8th Citizen Response: •None Page 420 Item 15. Recommendation Town Staff: •Approval Planning & Zoning Commission: •Denial (4-0) Issues: •Density of Subdistrict 3 •Single Family Lot Width Page 421 Item 15. Page 1 of 9 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 Prosper Oaks Town Council Meeting – August 26, 2025 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 373.5± acres from Agricultural to a Planned Development allowing for both Single-Family and Age-Restricted Single- Family Residences, located on the south side of Parvin Road and 2,070± feet east of FM 1385. (ZONE-24-0022) Future Land Use Plan: The Future Land Use Plan recommends Medium Density Residential.  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). The single-family portion of this development has lot sizes ranging from 10,000 square feet to 12,500 square feet with an overall density of 2.1 units per acre. The proposed zoning case requires an amendment to the Future Land Use Plan from Medium Density Residential to High Density Residential.  High Density Residential recommends single-family detached dwelling units on lots that are smaller than 10,000 square feet. High Density Residential neighborhoods have a density of greater than 2.5 dwelling units per acre. The age-restricted single-family portion of this development has lot sizes ranging from 7,500 square feet to 10,000 square feet with an overall density of 3.0 units per acre. This requires the Future Land Use Plan for this portion of the development to be amended from Medium Density Residential to High Density Residential. PLANNING Page 422 Item 16. Page 2 of 9 Zoning: The property is zoned Agricultural. Thoroughfare Plan: This property has direct access to Parvin Road. Parks Master Plan: The Parks Master Plan does not indicate that a park is needed on the subject property. Hike & Bike Trail: The Hike & Bike Trail Master Plan requires hike and bike trails along Parvin Road, Frontier Parkway, and Doe Branch that connect to the existing hike and bike trails adjacent to Windsong Ranch. 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 support of 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, Open Space, and Trail Plan 12. Exhibit H – Amenity Renderings 13. Draft Development Agreement 14. Letter of Support – Carey, S. 15. Letter of Support – Carey, M. 16. PowerPoint Slides Page 423 Item 16. Page 3 of 9 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 Single Family-12.5 for the single-family residential section and Single Family- 10 for the age-restricted single-family residential section. The intent of the request is to construct a maximum of 800 single-family homes on 373.5± acres. On the eastern tract of the property, 181.8± acres, the intent is to construct a maximum of 275 single-family homes. On the western tract of the property, 191.7± acres, the intent is to construct a maximum of 525 age-restricted single-family homes intended for residents 55 years of age and older. Compatibility: This zoning change would not be out of character with the existing area due to compatibility with the surrounding properties. The surrounding property to the east is an existing residential neighborhood, Windsong Ranch, with lot sizes ranging from 8,000 sq uare feet to 20,000 square feet. The eastern portion of the proposed subdivision that will be adjacent to Windsong Ranch has lot sizes ranging from 10,000 square feet to 20,000 square feet that will keep the Future Land Use Plan for this section of the property as Medium Density Residential. The surrounding property to the south is vacant, owned by the Town, and will become a Town Park in the future. The surrounding property to the west is vacant with Future Land Use distinctions of High Density Residential and Retail & Neighborhood Services. The proposed change in the Future Land Use Plan to High Density Residential on the western portion of the property aligns with the Future Land Use distinction on the adjacent, vacant property to the west. The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant Medium Density Residential North City of Celina Single-Family Residential N/A East Planned Development-40 (Single-Family) Single-Family Residential (Windsong Ranch) High Density Residential South Planned Development-40 (Single-Family) Vacant Parks West Agricultural Vacant High Density Residential and Retail & Neighborhood Services SINGLE-FAMILY RESIDENTIAL SECTION (EAST TRACT) 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 275 single-family homes on 181.8± acres (130.7± net acres), putting the density for this development at 2.1 units per acre. Page 424 Item 16. Page 4 of 9 District Regulations: The eastern section of this property contains two different lot types, Type A and Type B Lots. Type A Lots will have a lot width of 80 feet or greater and will be developed to the standards of the Single Family-12.5 District in the Zoning Ordinance. A minimum of 100 Type A Lots are required in the east tract. Type B Lots will have lot widths of less than 80 feet but no less than 75 feet. Type B Lots will be developed to the standards of the Single Family-10 District in the Zoning Ordinance. Additionally, a minimum of ten percent of all lots within this tract will be required to be a minimum of 20,000 square feet. The single-family residential district regulations within the Planned Development compared to the regulations in the Single Family-12.5 and Single Family-10 Districts in the Zoning Ordinance are shown below. Single Family- 12.5 District Regulations (Zoning Ordinance) Proposed District Regulations (Type A Lots) Single Family- 10 District Regulations (Zoning Ordinance) Proposed District Regulations (Type B Lots) Size of Yards Front: 30’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 30’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Size of Lots Minimum Lot Area: 12,500 SF Minimum Lot Width: 80’ Minimum Lot Depth: 135’ Minimum Lot Area: 12,500 SF Minimum Lot Width: 80’ Minimum Lot Depth: 135’ Minimum Lot Area: 10,000 SF Minimum Lot Width: 80’ Minimum Lot Depth: 125’ Minimum Lot Area: 10,000 SF Minimum Lot Width: 75’ Minimum Lot Depth: 125’ Minimum Dwelling Area Dwelling Area: 1,800 SF Dwelling Area: 1,800 SF Dwelling Area: 1,800 SF Dwelling Area: 1,800 SF Minimum Enclosed Parking (Garage) Area Garage Area: 400 SF Garage Area: 600 SF Garage Area: 400 SF Garage Area: 600 SF Maximum Height Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Maximum Lot Coverage Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Page 425 Item 16. Page 5 of 9 Uses: The list of permitted uses within the single-family residential section of this Planned Development is shown below.  By Right: o Accessory Building o Antenna and/or Antenna Support Structure, Non-Commercial o Child Care Center, Home o Home Occupation o Homebuilder Marketing Center o Household Care Facility o Model Home o Municipal Uses Operated by the Town of Prosper o Park or Playground o Private Recreation Center o Private Street Development o Private Utility, Other Than Listed o School, Public o Single-Family Dwelling, Detached o Wireless Communications and Support Structures less than 15 Feet in Height o Incidental Uses (Amenity Centers, Community Pools, Sports Courts, etc.)  By Specific Use Permit: o Utility Distribution Facility o Wireless Communications and Support Structures greater than 15 Feet in Height Open Space and Amenities: The open space standards within the single-family residential section of this Planned Development require a minimum of 30 acres of open space that is non-contiguous provided that each open space area be a minimum of 10,000 square feet and a minimum of 40 feet in width. The amenity standards within the single-family residential section of this Planned Development require a resident amenity area, pocket park with a playground, and at least three amenities from the list below. The amenity area must be completed prior to issuance of a Certificate of Occupancy for the 138th home (out of 275), or halfway through the development of this tract.  Potential Amenities (Minimum of 3): o Event Lawn o Fire Pit o Fishing Pier o Game Lawn o Outdoor Grilling Station o Pavillion o Putting Green o Sports Court AGE-RESTRICTED SINGLE-FAMILY RESIDENTIAL SECTION (WEST TRACT) Density: Per the Town’s Future Land Use Plan, the gross density of High Density Residential developments will be greater than 2.5 dwelling units per acre. The proposed development would allow for a maximum of 525 single-family homes on 191.7± acres (175.6± net acres), putting the density for this development at 3.0 units per acre. Page 426 Item 16. Page 6 of 9 District Regulations: The western section of this property contains three different lot types, Type C, Type D, and Type E Lots. Type C Lots will have a lot width of 75 feet or greater and will be developed to the standards of the Single Family-10 District in the Zoning Ordinance. A minimum of 100 Type C Lots are required within the west tract. Type D Lots will have lot widths of less than 75 feet but no less than 65 feet. Type D Lots will be developed to the standards of the Single Family-10 District in the Zoning Ordinance. Type E Lots will have lot widths of less than 65 feet but no less than 55 feet. Type E Lots will be developed to the standards of the Single Family-10 District in the Zoning Ordinance. A maximum of 200 Type E Lots are permitted in the west tract. These lot types will be inter-mixed within the west tract so that each block will have a different variation of the lot types. The age-restricted single-family residential district regulations within the Planned Development compared to the regulations in the Single Family-10 District in the Zoning Ordinance are shown below. Single Family- 10 District Regulations (Zoning Ordinance) Proposed District Regulations (Type C Lots) Proposed District Regulations (Type D Lots) Proposed District Regulations (Type E Lots) Size of Yards Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’ (Adj. to Side Street) Rear: 25’ Size of Lots Minimum Lot Area: 10,000 SF Minimum Lot Width: 80’ Minimum Lot Depth: 125’ Minimum Lot Area: 10,000 SF Minimum Lot Width: 75’ Minimum Lot Depth: 125’ Minimum Lot Area: 8,800 SF Minimum Lot Width: 65’ Minimum Lot Depth: 125’ Minimum Lot Area: 7,500 SF Minimum Lot Width: 55’ Minimum Lot Depth: 125’ Minimum Dwelling Area Dwelling Area: 1,800 SF Dwelling Area: 2,000 SF Dwelling Area: 1,800 SF Dwelling Area: 1,550 SF Minimum Enclosed Parking (Garage) Area Garage Area: 400 SF Garage Area: 400 SF Garage Area: 400 SF Garage Area: 400 SF Maximum Height Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Maximum Lot Coverage Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Page 427 Item 16. Page 7 of 9 Uses: The list of permitted uses within the age-restricted single-family residential section of this Planned Development is shown below.  By Right: o Accessory Building o Antenna and/or Antenna Support Structure, Non-Commercial o Home Occupation o Homebuilder Marketing Center o Household Care Facility o Model Home o Municipal Uses Operated by the Town of Prosper o Park or Playground o Private Recreation Center o Private Street Development o Private Utility, Other Than Listed o Single-Family Dwelling, Detached (Active Adult Community) o Wireless Communications and Support Structures less than 15 Feet in Height o Incidental Uses (Amenity Centers, Community Pools, Food Trucks, etc.)  By Specific Use Permit: o Utility Distribution Facility o Wireless Communications and Support Structures greater than 15 Feet in Height Open Space and Amenities: The open space standards within the age-restricted single-family residential section of this Planned Development require a minimum of 20 acres of open space that is non-contiguous provided that each open space area be a minimum of 10,000 square feet and a minimum of 40 feet in width. The amenity standards within the single-family residential section of this Planned Development require an amenity center or clubhouse, swimming pool with shade structure(s), and at least three amenities from the list below. The amenity area must be completed prior to issuance of a Certificate of Occupancy for the 263rd home (out of 525), or halfway through the development of this tract.  Potential Amenities (Minimum of 3): o Bocce Ball Court o Event Lawn o Fire Pit o Game Lawn o Outdoor Spa o Pavillion with Outdoor Grilling Station o Putting Green o Shuffleboard Court or Table o Sports Court Page 428 Item 16. Page 8 of 9 GENERAL REGULATIONS (BOTH TRACTS) Architectural Standards: The architectural standards within this Planned Development are shown below.  Building Materials: o Permitted Materials  Cementitious Fiber Board  Clay Fired Brick  Granite  Marble  Stone (Natural or Manufactured)  Stucco (Three-Coat) 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.  On front façades, cementitious fiber board may constitute up to fifty percent (50%) of the area for stories other than the first story. Additionally, cementitious fiber board may be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story.  On side and rear façades, cementitious fiber board may constitute up to twenty percent (20%) of all stories.  Any portion of an upper story, excluding windows, that faces public or private open space, public or private parks, or hike and bike trails, shall be one hundred percent (100%) masonry and may be comprised of cementitious fiber board.  The exterior cladding of chimneys shall be brick, natural, or manufactured stone, or stucco.  On Craftsman and Modern Farmhouse style homes (see Exhibit F), cementitious fiber board may constitute up to eighty percent (80%) of the area for stories other than the first story.  Cementitious fiber board may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, exposed sidewalls/gable ends above lower roofs, exposed rafter tails, or other architectural features as approved by the Director of Development Services.  Roofing: o Materials  Roof material shall consist of standing seam copper, standing seam metal, natural slate shingles, imitation slate shingles, cementitious tile, or composition 30-year laminated shingles, or other materials as approved by the Director of Development Services. o Pitch  Main residential structures shall have a minimum slope of six by twelve (6:12).  Accessory structures shall have a minimum slope of 1.25:12. Page 429 Item 16. Page 9 of 9  Entries and Driveways o Entries  All homes shall have a covered porch, stoop, or portico at the main front entry. o Driveways  All driveways shall be broomed finished concrete, salt finished concrete, stained patterned concrete, or brick/stone pavers. Screening and Fencing: The screening and fencing standards within this Planned Development require all fencing a long Parvin Road and Frontier Parkway to be constructed with a minimum of fifty percent (50%) ornamental metal to provide openness along adjacent thoroughfares. Pedestrian Connectivity: The pedestrian connectivity standards within this Planned Development reference compliance with Exhibit G, or the Landscape Plan, which indicates six-foot hike and bike trails along Parvin Road, Frontier Parkway, and Doe Branch that connect to the existing hike and bike trails adjacent to the neighboring community to the east, Windsong Ranch. Additionally, trail enhancements such as butterfly gardens, overlooks, trail heads, trail way stations, etc. will be provided at the entrances of private community trails. Town Staff Recommendation: The proposed zoning request is not compliant with the Future Land Use Plan; however, the western tract of this property is adjacent to vacant land that is designated as High Density Residential and Retail & Neighborhood Services. The western tract of this property, containing the age-restricted single-family section, would be compatible with future residential development to the west due to a similar Future Land Use designation and would provide a transition between any future commercial development and larger single-family homes that have a designation of Medium Density Residential. The eastern tract of this property, containing the single-family residential section, is compatible with the existing residential development to the east, Windsong Ranch, as they would have similar lot types and provide a transition between the age-restricted single-family residential and Windsong Ranch. For these reasons, Town Staff recommends approval of the request to rezone 373.5± acres from Agricultural to a Planned Development allowing for both Single-Family and Age-Restricted Single-Family Residences, located on the south side of Parvin Road and 2,070± feet east of FM 1385. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended denial of this item by a vote of 4- 0 at their meeting on August 5, 2025. The Commissioners opposed this item due to issues with the age-restricted single-family residential section (western tract), specifically the overall density (3.0 units per acre) being too high, the Type E Lots (7,500 SF; 55’ x 125’) being too small, and the lack of connectivity from the southern portion to the amenity center. Proposed Motion: I move to approve/deny the request to rezone 373.5± acres from Agricultural to a Planned Development allowing for both Single-Family and Age-Restricted Single-Family Residences, located on the south side of Parvin Road and 2,070± feet east of FM 1385. Page 430 Item 16. Page 431 Item 16. Page 432 Item 16. Future Land Use Exhibit Page 433 Item 16. EXHIBIT A-1:WRITTEN METES AND BOUNDS ZONE-24-0022 BEING a tract of land situated in the L. Rue Survey, Abstract No. 1110, the H. Rue Survey Abstract No. 1111, the B. Rue Survey, Abstract No. 1113, the P.R. Rue Survey, Abstract No. 1555, the C. Jackson Survey, Abstract No. 1546, the F. Wilkerson Survey, Abstract No. 1411, the J. Morton Survey, Abstract No. 793, and the J. Teeter Survey, Abstract 1262, Denton County, Texas and being all of a called 189.695-acre tract of land described in a deed to Prosper Oaks LP, as recorded in Instrument No. 2021-120739, Official Records, Denton County, Texas, and all of a called 155.903-acre tract of land described in a deed to Prosper Oaks LP, as recorded in Instrument No. 2021-187834, said Official Records, and all of a called 5.00-acre tract of land, described in a deed to Jo Lynn Carey Ninemire & Laura Jean Carey Varner, recorded in Instrument No. 2014-16824 said Official Records, and all of a called 5.3266-acre tract of land, described in a deed to Mark and Cathi Carey, recorded in Instrument No. 2007-985, said Official Records, and all of a called 17.070 acre tract of land described in a deed to Prosper Oaks LP, described in a deed to Prosper Oaks LP, recorded in Instrument No. 2024-93696, said Official Records, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in Parvin Road (a public road) for the northwest corner of said 189.695-acre tract and the northeast corner of a called 91.001-acre tract of land described in a deed to Jaianjaneya Real Estate Services LLC, recorded in Instrument No. 2022- 120979, said Official Records, also being on the south line of Sutton Fields Phase 4A, recorded in Instrument No, 2023-294, Plat Records, Denton County, Texas; THENCE North 89°18'40" East, along the northerly line of said 189.695-acre tract and said Parvin Road, a distance of 1,610.43 feet to the southeast corner of said Sutton Fields Phase 4A, same being the westernmost southwest corner of said 155.903-acre tract; THENCE North 00°39'42" West, departing said northerly line, along the westerly line of said 155.903-acre tract, the easterly line of said Sutton Fields Phase 4A, the easterly line of a called 1.000 acre tract of land described in a deed to Dale & Vicki Travis, as recorded in Instrument No. 2019-53525, said Official Records, the easterly line of a called 1.398 acre tract of land described in a deed to Claude and Kathleen Adams, as recorded in Instrument No. 2011-67775, said Official Records, the easterly line of a called 0.366 acre tract of land described as Tract 2 in a deed to Michael Bohn and Lori Bohn, as recorded in Instrument No. 2020-19369, said Official Records, and continuing along said Parvin Road, a distance of 944.52 feet to the northwest corner of said 155.903-acre tract, common to the southwest corner of Sutton Fields Phase 3D, recorded in Instrument No. 2022-44, said Plat Records; THENCE South 89°11'31" East, departing the easterly line of said Sutton Fields Phase 4A, and along the northerly line of said 155.903-acre tract, said 5.00-acre tract, said 5.3266-acre tract, and the southerly line of said Sutton Fields Phase 3D, and a called 109.926-acre tract of land described in a deed to Sutton Fields East, LLC, recorded in Instrument No. 2021-192973, said Official Records, a distance of 1,163.72 feet to the northernmost northeast corner of said 5.3266-acre tract; Page 434 Item 16. THENCE South 89°13'09" East, continuing along the northerly line of said 155.903-acre tract, along the northerly line of said 5.00-acre tract, said 5.3266-acre tract, and the southerly line of said 109.926-acre tract, a distance of 740.89 feet to the northernmost northeast corner of said 5.3266-acre tract; THENCE South 56°15'56" East, continuing along the northerly line of said 5.3266-acre tract and the southerly line of said 109.926-acre tract, and along the northerly line of said 155.903-acre tract, a distance of 180.59 feet to a point at the beginning of a tangent curve to the left with a radius of 350.00 feet, a central angle of 33°01'08", and a chord bearing and distance of South 72°46'30" East, 198.92 feet; THENCE in an easterly direction, continuing along the northerly line of said 155.903-acre tract and the southerly line of said 109.926-acre tract, with said tangent curve to the left, an arc distance of 201.70 feet to a point for corner; THENCE South 89°17'04" East, continuing along said northerly line, and the southerly line of said 109.926-acre tract, a distance of 505.80 feet to a mag nail found for the southeast corner of said 109.926-acre tract, common to the southwest corner of a called 101.60-acre tract of land described in a deed to MM Celina Parvin 101, LLC, recorded in Instrument No. 2023-32350, said Official Records; THENCE South 89°13'57" East, continuing along said northerly line, and along the southerly line of said 101.60-acre tract, a distance of 697.72 feet to an “X” cut in concrete found for the northeast corner of said 155.903-acre tract, common to the northernmost northwest corner of a called 48.323-acre tract of land described in a deed to VP Windsong Investments LLC, recorded In Instrument No. 2021-74160, said Official Records; THENCE departing the southerly line of said 101.60-acre tract, and along the easterly line of said 155.903-acre tract and the west line of said 48.323-acre tract, Windsong Ranch Phase 6D, recorded in Instrument No. 2023-390, said Plat Records, Windsong Ranch Phase 7D&7H, recorded in Instrument No. 2022-232, said Plat Records, the following courses and distances: South 28°30'00" West, a distance of 111.84 feet to a point for corner; South 37°30'00" East, a distance of 160.31 feet to a point for corner; South 20°00'00" East, a distance of 146.57 feet to a point for corner; South 33°30'00" West, a distance of 125.24 feet to a point for corner; South 77°00'00" West, a distance of 163.96 feet to a point for corner; North 70°00'00" West, a distance of 159.08 feet to a point for corner; North 20°00'00" West, a distance of 145.13 feet to a point for corner; North 64°00'00" West, a distance of 105.82 feet to a point for corner; Page 435 Item 16. South 46°00'00" West, a distance of 137.91 feet to a point for corner; South 03°30'00" East, a distance of 88.33 feet to a point for corner; South 36°30'00" East, a distance of 126.60 feet to a point for corner; South 46°00'00" West, a distance of 143.43 feet to a point for corner; South 03°30'00" East, a distance of 96.44 feet to a point for corner; South 39°30'00" East, a distance of 67.58 feet to a point for corner; North 82°30'00" East, a distance of 89.32 feet to a point for corner; South 73°30'00" East, a distance of 61.35 feet to a point for corner; South 03°30'00" East, a distance of 80.35 feet to a point for corner; South 44°30'00" West, a distance of 98.69 feet to a point for corner; South 68°00'00" West, a distance of 162.38 feet to a point for corner; South 42°30'00" West, a distance of 146.51 feet to a point for corner; South 05°30'00" East, a distance of 79.52 feet to a point for corner; South 53°30'00" East, a distance of 96.87 feet to a point for corner; South 18°00'00" East, a distance of 161.60 feet to a point for corner; South 20°00'00" West, a distance of 148.19 feet to a point for corner; South 15°00'00" West, a distance of 172.18 feet to a point for corner; South 33°30'00" West, a distance of 286.52 feet to a point for corner; South 49°00'00" West, a distance of 92.68 feet to a point for corner; North 86°30'00" West, a distance of 86.67 feet to a point for corner; South 51°00'00" West, a distance of 46.11 feet to a point for corner; South 12°00'00" West, a distance of 183.60 feet to a point for corner; South 61°00'00" West, a distance of 125.65 feet to a point for corner; Page 436 Item 16. North 62°00'00" West, a distance of 117.81 feet to a point for corner; South 74°30'00" West, a distance of 83.62 feet to a point for corner; South 32°30'00" West, a distance of 99.40 feet to a point for corner; South 03°00'00" West, a distance of 103.89 feet to a point for corner; South 46°00'00" East, a distance of 51.34 feet to a point for corner; North 78°30'00" East, a distance of 112.64 feet to a point for corner; South 83°30'00" East, a distance of 109.64 feet to a point for corner; South 20°30'00" East, a distance of 123.94 feet to a point for corner; South 37°00'00" West, a distance of 84.31 feet to a point for corner; South 75°30'00" West, a distance of 201.74 feet to a point for corner; South 44°30'00" West, a distance of 137.72 feet to a point for corner; South 86°30'00" West, a distance of 242.05 feet to a point for corner; South 62°30'00" West, a distance of 215.47 feet to a point for corner; North 89°00'00" West, a distance of 124.44 feet to a point for corner; South 77°30'00" West, a distance of 146.53 feet to a point for corner; South 33°00'00" West, a distance of 105.98 feet to a point for corner; South 23°30'00" East, a distance of 103.84 feet to the southeast corner of said 155.903 acre tract, being on the northerly line of called Tract 2, described In a deed to VP Windsong Operations LLC, recorded in Instrument No. 2018-142926, said Official Records; THENCE South 88°59’25” West, departing the westerly line of said Windsong Ranch Phase 7D&7H, along the southerly line of said 155.903 acre tract and the northerly line of said Tract 2, a distance of 713.52 feet to the southerly southwest corner of said 155.903 acre tract, common to an ell corner of said Tract 2, from which, a 1/2 inch iron rod (bent) found for witness bears South 32°24’ East, 3.95 feet; THENCE North 00°13’47” East, along the westerly line of said 155.903 acre tract and the easterly line of said Tract 2, a distance of 40.46 feet to the northernmost southeast corner of aforesaid 17.070 acre tract; Page 437 Item 16. THENCE departing the westerly line of said 155.903 acre tract and the easterly line of said Tract 2, and along the easterly line of said 17.070 acre tract, the following courses and distances: South 41°38'20" West, a distance of 25.71 feet to a point for corner; South 62°22'50" West, a distance of 74.71 feet to a point for corner; South 63°16'30" West, a distance of 46.88 feet to a point for corner; South 60°27'30" West, a distance of 36.25 feet to a point for corner; South 59°53'21" West, a distance of 29.79 feet to a point for corner; South 56°31'23" West, a distance of 28.94 feet to a point for corner; South 53°35'37" West, a distance of 60.89 feet to a point for corner; South 50°17'02" West, a distance of 31.83 feet to a point for corner; South 46°18'29" West, a distance of 31.30 feet to a point for corner; South 44°23'27" West, a distance of 33.07 feet to a point for corner; South 40°37'06" West, a distance of 32.29 feet to a point for corner; South 78°39'26" West, a distance of 42.01 feet to a point for corner; North 68°40'40" West, a distance of 41.63 feet to a point for corner; South 71°30'22" West, a distance of 47.59 feet to a point for corner; South 39°08'53" West, a distance of 42.46 feet to a point for corner; South 21°42'51" West, a distance of 42.39 feet to a point for corner; South 27°16'51" West, a distance of 36.07 feet to a point for corner; South 35°37'20" West, a distance of 35.68 feet to a point for corner; South 32°14'30" West, a distance of 37.49 feet to a point for corner; South 25°12'19" West, a distance of 85.30 feet to a point for corner; South 46°44'43" West, a distance of 42.18 feet to a point for corner; South 71°49'19" West, a distance of 42.89 feet to a point for corner; South 87°47'15" West, a distance of 47.42 feet to a point for corner; North 78°43'04" West, a distance of 45.72 feet to a point for corner; Page 438 Item 16. North 57°26'44" West, a distance of 44.71 feet to a point for corner; North 47°21'40" West, a distance of 45.17 feet to a point for corner; North 41°16'31" West, a distance of 44.92 feet to a point for corner; North 79°16'21" West, a distance of 46.36 feet to a point for corner; South 61°42'18" West, a distance of 42.39 feet to a point for corner; South 00°00'15" East, a distance of 45.45 feet to a point for corner; South 21°42'40" East, a distance of 44.11 feet to a point for corner; South 33°02'14" East, a distance of 45.17 feet to a point for corner; South 46°40'29" East, a distance of 44.26 feet to a point for corner; South 31°27'40" East, a distance of 38.89 feet to a point for corner; South 13°15'46" West, a distance of 44.03 feet to a point for corner; South 26°26'42" West, a distance of 49.23 feet to a point for corner; South 24°34'46" West, a distance of 57.69 feet to a point for corner; South 32°19'05" West, a distance of 44.83 feet to a point for corner; South 45°22'04" West, a distance of 49.31 feet to a point for corner; South 15°04'50" West, a distance of 44.34 feet to a point for corner; South 12°20'13" West, a distance of 47.05 feet to a point for corner; South 51°32'28" East, a distance of 47.72 feet to a point for corner; South 55°22'11" East, a distance of 46.41 feet to a point for corner; South 49°57'31" East, a distance of 45.99 feet to a point for corner; South 55°16'13" East, a distance of 45.45 feet to a point for corner; South 49°03'34" East, a distance of 25.79 feet to a point for corner; South 23°24'33" East, a distance of 45.63 feet to a point for corner; South 10°19'26" West, a distance of 47.19 feet to a point for corner; South 25°15'31" West, a distance of 48.85 feet to a point for corner; South 21°39'38" West, a distance of 44.51 feet to a point for corner; Page 439 Item 16. South 28°24'12" West, a distance of 26.50 feet to a point for corner; South 55°15'13" West, a distance of 49.81 feet to a point for corner; South 75°22'27" West, a distance of 44.43 feet to a point for corner; South 69°07'42" West, a distance of 44.61 feet to a point for corner; South 49°23'46" West, a distance of 41.71 feet to a point for corner; South 06°59'20" East, a distance of 46.31 feet to a point for corner; South 35°52'00" East, a distance of 46.30 feet to a point for corner; South 32°07'08" East, a distance of 49.72 feet to a point for corner; South 14°51'13" East, a distance of 44.18 feet to a point for corner; South 28°25'05" West, a distance of 42.52 feet to a point for corner; South 67°49'28" West, a distance of 46.70 feet to a point for corner; South 79°32'24" West, a distance of 40.33 feet to a point for corner; South 81°36'49" West, a distance of 49.95 feet to a point for corner; South 78°01'15" West, a distance of 36.49 feet to a point for corner; South 05°35'28" East, a distance of 47.80 feet to the southernmost southeast corner of said 17.070 acre tract, being on the westerly line of said Tract 2 and the easterly line of aforesaid 189.695 acre tract; THENCE North 85°37'47" East, along the westerly line of said Tract 2 and the easterly line of said 189.695 acre tract, a distance of 193.33 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for an ell corner of said Tract 2, common to a northeast corner of said 189.695 acre tract; THENCE South 03°33'27" East, continuing along the westerly line of said Tract 2 and the easterly line of said 189.695 acre tract, a distance of 516.01 feet to the northerly southeast corner of said 189.695 acre tract, common to the north corner of a called 1.84-acre tract of land described in a certified copy of probate to Walter C. Fain, recorded in Document No. 2004- 95008, said Official Records; THENCE South 40°46'41" West, departing said westerly line, and along the northwesterly line of said 1.84-acre tract, same being the southeasterly line of said 189.695-acre tract, a distance of 552.59 feet to a 1/2 inch iron rod with plastic cap (illegible) found for the southerly southeast corner of said 189.695-acre tract, common to the southwest corner of said 1.84-acre tract, also being on the northerly line of a called 23.507 acre tract of land described as Tract 3 in a deed to Town of Prosper, as recorded in Instrument No. 2022-69025, said Official Records; Page 440 Item 16. THENCE South 89°21'41" West, along the northerly line of said Tract 3, and the southerly line of said 189.695-acre tract, a distance of 1,002.42 feet to a 1/2 inch iron rod found for the northwest corner of said Tract 3 and the easternmost northeast corner of the Middle School #9 Addition, recorded in Instrument No. 2023-375, said Plat Records; THENCE South 89°18'00" West, continuing along said southerly line, and along the northerly line of said Middle School #9 Addition, a distance of 363.44 feet to the southwest corner of said 189.695-acre tract, common to an ell corner of said Middle School #9 Addition; THENCE along the westerly line of said 189.695-acre tract, and the easterly line of said Middle School addition, and a called Tract 1 and a called Tract 2, described in a deed to VEE Prosper Oaks, LLC, recorded in Instrument No. 2022-53773, said Official Records, and the aforesaid 91.001-acre tract, the following courses and distances: North 00°12'17" East, a distance of 978.51 feet to an ell corner of said Tract 2, common to the southernmost northwest corner of said 189.695-acre tract, from which, a 5/8 inch iron rod found for witness bears North 11°17’ West, 1.16 feet; North 89°06'26" East, a distance of 471.46 feet to a 4 inch metal post found for an ell corner of said 189.695-acre tract, from which, a 1/2 inch iron rod found for witness bears North 02°24’ East, 1.67 feet; North 00°29'54" West, a distance of 720.64 feet to a 1/2 inch iron rod found for the northeast corner of said Tract 2, common to the southeast corner of said Tract 1; North 00°32'01" West, a distance of 486.46 feet to a 1/2 inch iron rod found for the northeast corner of said Tract 1, common to the southeast corner of said 91.001-acre tract; North 00°32'30" West, a distance of 2,726.37 feet to the POINT OF BEGINNING and containing 16,266,607 square feet or 373.430 acres of land, more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011). Sylviana Gunawan Registered Professional Land Surveyor No. 6461 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, Texas 75034 Ph. 972-335-3580 sylviana.gunawan@kimley-horn.com Page 441 Item 16. 5605655705755805855905955955555555605655655 6 55705755 8 0585590595600 550555560 565570575580585590595600 545545545550555560565570570570575580585590 545545545550555560565570575 560 565570575580 555560 565 570 575 560560560560565570575S89°11'31"E 1163.72' SUTTON FIELDS PHASE 4A INST. NO. 2023-294, P.R.D.C.T. LOT 1 BLOCK X WINDSONG RANCH PHASE 10 INST. NO. 2022-450, O.P.R.D.C.T. PARVIN ROAD (VARIABLE WIDTH RIGHT-OF-WAY) INST. NO. 2020-37562 D.R.D.C.T. REMAINER OF CALLED 48.323 ACRES VP WINDSONG INVESTMENTS LLC INST. NO. 2021-74160, O.R.D.C.T. WIND S O N G R A N C H P H A S E 7 B DOC. N O. 2 0 2 2- 2 1 9, P.R.D. C. T. CALLED 155.903 ACRES PROSPER OAKS LP INST. NO. 2021-187834, O.R.D.C.T.CALLED 5.3266 ACRESMARK & CATHI CAREYINST. NO. 2007-985,O.R.D.C.T.CALLED 5.00 ACRESJO LYNN CAREYNINEMIRE & LAURAJEAN CAREY VARNERINST. NO. 2014-16824,O.R.D.C.T.CALLED 189.695 ACRES PROSPER OAKS LP INST. NO. 2021-120739, O.R.D.C.T. CALLED 17.070 ACRES PROSPER OAKS LP INST. NO. 2024-93696, O.R.D.C.T. CALLED 109.926 ACRES SUTTON FIELDS EAST, LLC INST. NO. 2021-192973, O.R.D.C.T.CALLED 101.60 ACRES MM CELINA PARVIN 101, LLC INST. NO. 2023-32350, O.R.D.C.T. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BLOCK AAA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 2X 10111213141516171819 20 TRACT 1 CALLED 1.249 ACRES MICHAEL & LORI BOHN INST. NO. 2020-19369, O.R.D.C.T. CALLED 1.000 ACRES DALE & VICKI TRAVIS INST. NO. 2019-53525, O.R.D.C.T. CALLED 91.001 ACRES JAIANJANEYA REAL ESTATE SERVICES LLC INST. NO. 2022-120979, O.R.D.C.T. CALLED TRACT 1 23.87 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T. REMAINDER CALLED TRACT 2 42.852 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T.WINDSONG RANCH PHASE 7GDOC. NO. 2023-435,P.R.D.C.T.LOTS 1-5, BLOCK A MIDDLE SCHOOL #9 ADDITION INST. NO. 2023-375, P.R.D.C.T. LOT 1 BLOCK A LOT 3 BLOCK A LOT 4 BLOCK A LOT 1 BLOCK X 123456 7 8 9 10 11 12 13 14 4041424344 J K LOT 5 BLOCK X 1 2 3456789 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 13 A B SUTTON FIELDS PH.3D INST. NO. 2022-44, P.R.D.C.T. BLOCK AAA LOT 1X CALLED 1.84 ACRES WALTER C.FAIN DOC. NO. 2004-95008 O.R.D.C.T. CALLED TRACT 3 23.507 ACRES TOWN OF PROSPER INST. NO. 2022-69025, O.R.D.C.T. CALLED 5.0 ACRES TRAVADI INVESTMENTS LLC, INST. NO. 2017-38158, O.R.D.C.T. 34 35 36 37 38 39 40 41 CALLED 1.398 ACRES CLAUDE & KATHLEEN ADAMS INST. NO. 2011-67775, O.R.D.C.T. VARIABLE WIDTH ROW DEDICATION (2022-44 P.R.D.C.T) REMAINDER CALLED TRACT 2 217.596 ACRES VP WINDSONG OPERATIONS LLC INST. NO. 2018-142926, O.R.D.C.T. WINDSONG RANCH PHASE 6D INST. NO. 2023-390 O.P.R.D.C.T.REMAINDERCALLED 999.387 ACRESTRACT 2OPP-GREEN MEADOWS, LPDOC. NO. 2023-76068O.R.D.C.T.A-1262 A-1538 TEETER, J YATES, R E J.TEE T E R S U R V E Y, ABST R A C T N O. 1 2 6 2 P.R. RUE SURVEYABSTRACT NO. 1555H. RU E S U R V E Y, ABST R A C T N O. 1 1 1 1 C. JACKSON SURVEY,ABSTRACT NO. 1546F.WIL K E R S O N S U R V E Y, ABST R A C T N O. 1 4 1 1 B. RU E S U R V E Y, ABST R A C T N O. 1 1 1 3 J. MO R T O N S U R V E Y, ABST R A C T N O. 7 9 3 J. MO R T O N S U R V E Y, ABST R A C T N O. 7 9 3 A.B. J A MI S O N S U R V E Y, ABST R A C T N O. 6 7 2 L. RU E S U R V E Y, ABST R A C T N O. 1 1 1 0 APPROX. SURVEY LINEAPPROX. SURVEY LINEAPPROX. SURVEY LINE APPROX. SURVEY LINE APPROX. SURVEY LINE 373.430 ACRES 16,266,607 SQ. FT. BERYLLINE LN LAVI N A L N KINGLET CT ROSITA LN HOLLAND CT GOOD HOPE RDAVOCET LNSILVER SKIPPER RDKESTREL ST OLD ALTON DRDURS T L N AMSLER DRLOPIANO ST BRINKER ST LOPIANO STSTILLWELL CT TUDOR PL YORKDALE ST PARVIN RD (UN-DEDICATED PUBLIC ROAD)DENTON WAY(A 60' R.O.W.)60.0'1/2" IRF 5/8" IRF 1/2" IRFC "EAGLE SURVEYING" 1/2" IRFC "BCG" MNF AND MNF BEARS N 86°56' E 1.35' MNF 1/2" IRF 1/2" IRF MNF XF MNF BEARS N 88°47' W 1.24' 1/2" IRF (BENT) BEARS S 32°24' E 3.95' 5/8" IRFC "KHA" 1/2" IRFC (ILLEGIBLE) 1/2" IRFC (ILLEGIBLE) 1/2" IRF 1/2" IRF 1/2" IRFC (BUSTED CAP) 1/2" IRFC "COLEMAN RPLS 4001" 5/8" IRF BEARS N 11°17' W 1.16' 4" METAL POST FOUND AND 1/2" IRF BEARS N 2°24' E 1.67' 1/2" IRF 1/2" IRF 1/2" IRFC "SPIARS ENG" XF XF XF XF XF LOT 5 BLOCK X WINDSONG RANCH PHASE 7D&7H INST. NO. 2022-232, O.P.R.D.C.T. 1/2" IRFC "SPIARS ENG" XF XF N89°18'40"E 1610.43'N0°32'30"W2726.37'N0°32'01"W486.46'N0°29'54"W720.64'N89°06'26"E 471.46'N0°12'17"E978.51'S89°18'00"W 363.44'S89°21'41"W 1002.42'S40°46'41"W 552.59'S3°33'27"E516.01'N85°37'47"E 193.33' L49L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 L69L70 L71 L72 L73 L74 L75 L76L77 L78 L79 L80 L81 L82 L83 L84 L85 L86 L87 L88 L89 L90 L91 L92 L93 L94 L95 L96 L97 L98 L99 L100 L101 L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L112 L113 L114 1/2" IRFC "CBG SURVEYING" BEARS S 40°52' E 0.37' 1/2" IRFC "CBG SURVEYING" BEARS S 60°20' E 0.38' 2" METAL POST FOUND TRACT 2 CALLED 0.366 ACRES MICHAEL & LORI BOHN INST. NO. 2020-19369, O.R.D.C.T. 1/2" IRF S88°59'25"W 713.52' P.O.B. STATE PLANE COORDINATES: N:7,142,157.71 E:2,461,425.16 TOWN OF PROSPER CITY OF CELINA PARVIN RD(UN-DEDICATEDPUBLIC ROAD)PARVIN RD (UN-DEDICATED PUBLIC ROAD) PARVIN RD (UN-DEDICATED PUBLIC ROAD) EXISTING ZONING: PD-40 EXISTING ZONING: PD-40 GOOD HOPE CEMETERY VOL. 89, PG. 555 D.R.D.C.T. EXISTING ZONING: A EXISTING ZONING: PD-40 EXIS TI N G Z O NI N G: P D- 4 0 EXISTING ZONING: PD-40EXISTING ZONING: PD-40 EXISTING ZONING: PD-40 EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: PD-52 EXISTING ZONING: PD-94 EXISTING ZONING: PD-145 EXISTING ZONING: PD-146 EXISTING ZONING: A EXISTING ZONING: PD-40 (AS AMENDED) EXISTING ZONING: A EXISTING ZONING: PD-52 EXISTING LAND USE: NON-RESIDENTIAL EXISTING LAND USE: RESIDENTIAL EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING LAND USE: NON-RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING ZONING: A APPROXIMATE LOCATION OF CITY LIMITS APPROXIMATE LOCATION OF CITY LIMITS APPROXIMATE LOCATION OF CITY LIMITS CITY OF CELINA TOWN OF PROSPER VARIABLE WIDTH ROW DEDICATION 60.0' ROW DEDICATION STATE PLANE COORDINATES: N:7,137,254.90 E:2,462,352.46 APPROXIMATE LIMIT OF ZONE "AE" AS SCALED FROM F.I.R.M.LOT 1 BLOCK XAPPROXIMATE LIMIT OF ZONE "AE" AS SCALED FROM F.I.R.M. EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL N0°39'42"W944.52'S89°13'09"E 740.89' S56°15'56"E 180.59' ∆=33°01'08" R=350.00' L=201.70' CB=S72°46'30"E C=198.92' S89°17'04"E 505.80'S89°13'57"E 697.72'L1L 2 L3L4L5L6L7L8L9L10L11 L12L13L 1 4 L15 L16 L17 L18L19 L20L21 L 2 2 L23L24L25 L26L27L28L29 L30L31 L3 2L33 L34L35L36 L37 L38 L39L40L41 L42L43 L44 L45L46 L47L48 LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 BEARING S28°30'00"W S37°30'00"E S20°00'00"E S33°30'00"W S77°00'00"W N70°00'00"W N20°00'00"W N64°00'00"W S46°00'00"W S03°30'00"E S36°30'00"E S46°00'00"W S03°30'00"E S39°30'00"E N82°30'00"E S73°30'00"E S03°30'00"E S44°30'00"W S68°00'00"W S42°30'00"W S05°30'00"E S53°30'00"E S18°00'00"E S20°00'00"W S15°00'00"W LENGTH 111.84' 160.31' 146.57' 125.24' 163.96' 159.08' 145.13' 105.82' 137.91' 88.33' 126.60' 143.43' 96.44' 67.58' 89.32' 61.35' 80.35' 98.69' 162.38' 146.51' 79.52' 96.87' 161.60' 148.19' 172.18' LINE TABLE NO. L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 BEARING S33°30'00"W S49°00'00"W N86°30'00"W S51°00'00"W S12°00'00"W S61°00'00"W N62°00'00"W S74°30'00"W S32°30'00"W S03°00'00"W S46°00'00"E N78°30'00"E S83°30'00"E S20°30'00"E S37°00'00"W S75°30'00"W S44°30'00"W S86°30'00"W S62°30'00"W N89°00'00"W S77°30'00"W S33°00'00"W S23°30'00"E N00°13'47"E S41°38'20"W LENGTH 286.52' 92.68' 86.67' 46.11' 183.60' 125.65' 117.81' 83.62' 99.40' 103.89' 51.34' 112.64' 109.64' 123.94' 84.31' 201.74' 137.72' 242.05' 215.47' 124.44' 146.53' 105.98' 103.84' 40.46' 25.71' LINE TABLE NO. L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 BEARING S62°22'50"W S63°16'30"W S60°27'30"W S59°53'21"W S56°31'23"W S53°35'37"W S50°17'02"W S46°18'29"W S44°23'27"W S40°37'06"W S78°39'26"W N68°40'40"W S71°30'22"W S39°08'53"W S21°42'51"W S27°16'51"W S35°37'20"W S32°14'30"W S25°12'19"W S46°44'43"W S71°49'19"W S87°47'15"W N78°43'04"W N57°26'44"W N47°21'40"W LENGTH 74.71' 46.88' 36.25' 29.79' 28.94' 60.89' 31.83' 31.30' 33.07' 32.29' 42.01' 41.63' 47.59' 42.46' 42.39' 36.07' 35.68' 37.49' 85.30' 42.18' 42.89' 47.42' 45.72' 44.71' 45.17' LINE TABLE NO. L76 L77 L78 L79 L80 L81 L82 L83 L84 L85 L86 L87 L88 L89 L90 L91 L92 L93 L94 L95 L96 L97 L98 L99 L100 BEARING N41°16'31"W N79°16'21"W S61°42'18"W S00°00'15"E S21°42'40"E S33°02'14"E S46°40'29"E S31°27'40"E S13°15'46"W S26°26'42"W S24°34'46"W S32°19'05"W S45°22'04"W S15°04'50"W S12°20'13"W S51°32'28"E S55°22'11"E S49°57'31"E S55°16'13"E S49°03'34"E S23°24'33"E S10°19'26"W S25°15'31"W S21°39'38"W S28°24'12"W LENGTH 44.92' 46.36' 42.39' 45.45' 44.11' 45.17' 44.26' 38.89' 44.03' 49.23' 57.69' 44.83' 49.31' 44.34' 47.05' 47.72' 46.41' 45.99' 45.45' 25.79' 45.63' 47.19' 48.85' 44.51' 26.50' LINE TABLE NO. L101 L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L112 L113 L114 BEARING S55°15'13"W S75°22'27"W S69°07'42"W S49°23'46"W S06°59'20"E S35°52'00"E S32°07'08"E S14°51'13"E S28°25'05"W S67°49'28"W S79°32'24"W S81°36'49"W S78°01'15"W S05°35'28"E LENGTH 49.81' 44.43' 44.61' 41.71' 46.31' 46.30' 49.72' 44.18' 42.52' 46.70' 40.33' 49.95' 36.49' 47.80' GRAPHIC SCALE IN FEET 0300 150 300 600 1" = 300'@ 24X36 NORTH DWG NAME: K:\FRI_SURVEY\068625036-PROSPER OAKS - TOWN OF PROSPER\DWG\068625036 ZONING EXHIBIT.DWG PLOTTED BY GUNAWAN, SYLVIANA 5/28/2025 6:35 PM LAST SAVED 5/28/2025 6:35 PM Copyright © 2025 Kimley-Horn and Associates, Inc. All rights reserved Scale Drawn by GGL/SG1" = 300' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA 05/28/2025 068625036 1 OF 1 LEGEND P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRF = IRON ROD FOUND XF = "X" CUT FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS OWNER: Mark & Cathi Carey 15080 Parvin Road Prosper, Texas 75078 Ph: (214)-535-9452 OWNER: Sammie Carey 401 Navajo Trail Gainesville, Texas 76240 Ph: (972)-658-1069 OWNER: Prosper Oaks LP 9111 Cypress Waters Blvd. Suite 140 Coppell, Texas 75019 Ph: (937)-219-4987 Contact: Vijay Borra EXHIBIT A-2: BOUNDARY EXHIBIT ZONE-24-0022 373.430 ACRES L. RUE SURVEY, ABSTRACT NO. 1110; H. RUE SURVEY, ABSTRACT NO. 1111; B. RUE SURVEY, ABSTRACT NO. 1113; P.R. RUE SURVEY, ABSTRACT NO. 1555; C. JACKSON SURVEY, ABSTRACT NO. 1546; F. WILKERSON SURVEY, ABSTRACT NO. 1411; J. MORTON SURVEY, ABSTRACT NO. 793; J. TEETER SURVEY, ABSTRACT 1262 TOWN OF PROSPER, DENTON AND COLLIN COUNTY, TEXAS DATE PREPARED: 05/28/2025 NOTES: 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.9998493926859797. 2. According to Map No. 48121C0270G, 48121C0290G, 48121C0410G and 48121C0430G, dated April 18, 2011 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain" and Zone AE defined as "Special flood hazard areas (SFHAs) subject to inundation by the 1% annual chance flood (Base Flood Elevations determined)". If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. DESCRIPTION OF PROPERTY: BEING a tract of land situated in the L. Rue Survey, Abstract No. 1110, the H. Rue Survey Abstract No. 1111, the B. Rue Survey, Abstract No. 1113, the P.R. Rue Survey, Abstract No. 1555, the C. Jackson Survey, Abstract No. 1546, the F. Wilkerson Survey, Abstract No. 1411, the J. Morton Survey, Abstract No. 793, and the J. Teeter Survey, Abstract 1262, Denton County, Texas and being all of a called 189.695-acre tract of land described in a deed to Prosper Oaks LP, as recorded in Instrument No. 2021-120739, Official Records, Denton County, Texas, and all of a called 155.903-acre tract of land described in a deed to Prosper Oaks LP, as recorded in Instrument No. 2021-187834, said Official Records, and all of a called 5.00-acre tract of land, described in a deed to Jo Lynn Carey Ninemire & Laura Jean Carey Varner, recorded in Instrument No. 2014-16824 said Official Records, and all of a called 5.3266-acre tract of land, described in a deed to Mark and Cathi Carey, recorded in Instrument No. 2007-985, said Official Records, and all of a called 17.070 acre tract of land described in a deed to Prosper Oaks LP, described in a deed to Prosper Oaks LP, recorded in Instrument No. 2024-93696, said Official Records, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in Parvin Road (a public road) for the northwest corner of said 189.695-acre tract and the northeast corner of a called 91.001-acre tract of land described in a deed to Jaianjaneya Real Estate Services LLC, recorded in Instrument No. 2022-120979, said Official Records, also being on the south line of Sutton Fields Phase 4A, recorded in Instrument No, 2023-294, Plat Records, Denton County, Texas; THENCE North 89°18'40" East, along the northerly line of said 189.695-acre tract and said Parvin Road, a distance of 1,610.43 feet to the southeast corner of said Sutton Fields Phase 4A, same being the westernmost southwest corner of said 155.903-acre tract; THENCE North 00°39'42" West, departing said northerly line, along the westerly line of said 155.903-acre tract, the easterly line of said Sutton Fields Phase 4A, the easterly line of a called 1.000 acre tract of land described in a deed to Dale & Vicki Travis, as recorded in Instrument No. 2019-53525, said Official Records, the easterly line of a called 1.398 acre tract of land described in a deed to Claude and Kathleen Adams, as recorded in Instrument No. 2011-67775, said Official Records, the easterly line of a called 0.366 acre tract of land described as Tract 2 in a deed to Michael Bohn and Lori Bohn, as recorded in Instrument No. 2020-19369, said Official Records, and continuing along said Parvin Road, a distance of 944.52 feet to the northwest corner of said 155.903-acre tract, common to the southwest corner of Sutton Fields Phase 3D, recorded in Instrument No. 2022-44, said Plat Records; THENCE South 89°11'31" East, departing the easterly line of said Sutton Fields Phase 4A, and along the northerly line of said 155.903-acre tract, said 5.00-acre tract, said 5.3266-acre tract, and the southerly line of said Sutton Fields Phase 3D, and a called 109.926-acre tract of land described in a deed to Sutton Fields East, LLC, recorded in Instrument No. 2021-192973, said Official Records, a distance of 1,163.72 feet to the northernmost northeast corner of said 5.3266-acre tract; THENCE South 89°13'09" East, continuing along the northerly line of said 155.903-acre tract, along the northerly line of said 5.00-acre tract, said 5.3266-acre tract, and the southerly line of said 109.926-acre tract, a distance of 740.89 feet to the northernmost northeast corner of said 5.3266-acre tract; THENCE South 56°15'56" East, continuing along the northerly line of said 5.3266-acre tract and the southerly line of said 109.926-acre tract, and along the northerly line of said 155.903-acre tract, a distance of 180.59 feet to a point at the beginning of a tangent curve to the left with a radius of 350.00 feet, a central angle of 33°01'08", and a chord bearing and distance of South 72°46'30" East, 198.92 feet; THENCE in an easterly direction, continuing along the northerly line of said 155.903-acre tract and the southerly line of said 109.926-acre tract, with said tangent curve to the left, an arc distance of 201.70 feet to a point for corner; THENCE South 89°17'04" East, continuing along said northerly line, and the southerly line of said 109.926-acre tract, a distance of 505.80 feet to a mag nail found for the southeast corner of said 109.926-acre tract, common to the southwest corner of a called 101.60-acre tract of land described in a deed to MM Celina Parvin 101, LLC, recorded in Instrument No. 2023-32350, said Official Records; THENCE South 89°13'57" East, continuing along said northerly line, and along the southerly line of said 101.60-acre tract, a distance of 697.72 feet to an “X” cut in concrete found for the northeast corner of said 155.903-acre tract, common to the northernmost northwest corner of a called 48.323-acre tract of land described in a deed to VP Windsong Investments LLC, recorded In Instrument No. 2021-74160, said Official Records; THENCE departing the southerly line of said 101.60-acre tract, and along the easterly line of said 155.903-acre tract and the west line of said 48.323-acre tract, Windsong Ranch Phase 6D, recorded in Instrument No. 2023-390, said Plat Records, Windsong Ranch Phase 7D&7H, recorded in Instrument No. 2022-232, said Plat Records, the following courses and distances: South 28°30'00" West, a distance of 111.84 feet to a point for corner; South 37°30'00" East, a distance of 160.31 feet to a point for corner; South 20°00'00" East, a distance of 146.57 feet to a point for corner; South 33°30'00" West, a distance of 125.24 feet to a point for corner; South 77°00'00" West, a distance of 163.96 feet to a point for corner; North 70°00'00" West, a distance of 159.08 feet to a point for corner; North 20°00'00" West, a distance of 145.13 feet to a point for corner; North 64°00'00" West, a distance of 105.82 feet to a point for corner; South 46°00'00" West, a distance of 137.91 feet to a point for corner; South 03°30'00" East, a distance of 88.33 feet to a point for corner; South 36°30'00" East, a distance of 126.60 feet to a point for corner; South 46°00'00" West, a distance of 143.43 feet to a point for corner; South 03°30'00" East, a distance of 96.44 feet to a point for corner; South 39°30'00" East, a distance of 67.58 feet to a point for corner; North 82°30'00" East, a distance of 89.32 feet to a point for corner; South 73°30'00" East, a distance of 61.35 feet to a point for corner; South 03°30'00" East, a distance of 80.35 feet to a point for corner; South 44°30'00" West, a distance of 98.69 feet to a point for corner; South 68°00'00" West, a distance of 162.38 feet to a point for corner; South 42°30'00" West, a distance of 146.51 feet to a point for corner; South 05°30'00" East, a distance of 79.52 feet to a point for corner; South 53°30'00" East, a distance of 96.87 feet to a point for corner; South 18°00'00" East, a distance of 161.60 feet to a point for corner; South 20°00'00" West, a distance of 148.19 feet to a point for corner; South 15°00'00" West, a distance of 172.18 feet to a point for corner; South 33°30'00" West, a distance of 286.52 feet to a point for corner; South 49°00'00" West, a distance of 92.68 feet to a point for corner; North 86°30'00" West, a distance of 86.67 feet to a point for corner; South 51°00'00" West, a distance of 46.11 feet to a point for corner; South 12°00'00" West, a distance of 183.60 feet to a point for corner; South 61°00'00" West, a distance of 125.65 feet to a point for corner; North 62°00'00" West, a distance of 117.81 feet to a point for corner; South 74°30'00" West, a distance of 83.62 feet to a point for corner; South 32°30'00" West, a distance of 99.40 feet to a point for corner; South 03°00'00" West, a distance of 103.89 feet to a point for corner; South 46°00'00" East, a distance of 51.34 feet to a point for corner; North 78°30'00" East, a distance of 112.64 feet to a point for corner; South 83°30'00" East, a distance of 109.64 feet to a point for corner; South 20°30'00" East, a distance of 123.94 feet to a point for corner; South 37°00'00" West, a distance of 84.31 feet to a point for corner; South 75°30'00" West, a distance of 201.74 feet to a point for corner; South 44°30'00" West, a distance of 137.72 feet to a point for corner; South 86°30'00" West, a distance of 242.05 feet to a point for corner; South 62°30'00" West, a distance of 215.47 feet to a point for corner; North 89°00'00" West, a distance of 124.44 feet to a point for corner; South 77°30'00" West, a distance of 146.53 feet to a point for corner; South 33°00'00" West, a distance of 105.98 feet to a point for corner; South 23°30'00" East, a distance of 103.84 feet to the southeast corner of said 155.903 acre tract, being on the northerly line of called Tract 2, described In a deed to VP Windsong Operations LLC, recorded in Instrument No. 2018-142926, said Official Records; THENCE South 88°59'25” West, departing the westerly line of said Windsong Ranch Phase 7D&7H, along the southerly line of said 155.903 acre tract and the northerly line of said Tract 2, a distance of 713.52 feet to the southerly southwest corner of said 155.903 acre tract, common to an ell corner of said Tract 2, from which, a 1/2 inch iron rod (bent) found for witness bears South 32°24' East, 3.95 feet; THENCE North 00°13'47” East, along the westerly line of said 155.903 acre tract and the easterly line of said Tract 2, a distance of 40.46 feet to the northernmost southeast corner of aforesaid 17.070 acre tract; THENCE departing the westerly line of said 155.903 acre tract and the easterly line of said Tract 2, and along the easterly line of said 17.070 acre tract, the following courses and distances: South 41°38'20" West, a distance of 25.71 feet to a point for corner; South 62°22'50" West, a distance of 74.71 feet to a point for corner; South 63°16'30" West, a distance of 46.88 feet to a point for corner; South 60°27'30" West, a distance of 36.25 feet to a point for corner; South 59°53'21" West, a distance of 29.79 feet to a point for corner; South 56°31'23" West, a distance of 28.94 feet to a point for corner; South 53°35'37" West, a distance of 60.89 feet to a point for corner; South 50°17'02" West, a distance of 31.83 feet to a point for corner; South 46°18'29" West, a distance of 31.30 feet to a point for corner; South 44°23'27" West, a distance of 33.07 feet to a point for corner; South 40°37'06" West, a distance of 32.29 feet to a point for corner; South 78°39'26" West, a distance of 42.01 feet to a point for corner; North 68°40'40" West, a distance of 41.63 feet to a point for corner; South 71°30'22" West, a distance of 47.59 feet to a point for corner; South 39°08'53" West, a distance of 42.46 feet to a point for corner; South 21°42'51" West, a distance of 42.39 feet to a point for corner; South 27°16'51" West, a distance of 36.07 feet to a point for corner; South 35°37'20" West, a distance of 35.68 feet to a point for corner; South 32°14'30" West, a distance of 37.49 feet to a point for corner; South 25°12'19" West, a distance of 85.30 feet to a point for corner; South 46°44'43" West, a distance of 42.18 feet to a point for corner; South 71°49'19" West, a distance of 42.89 feet to a point for corner; South 87°47'15" West, a distance of 47.42 feet to a point for corner; North 78°43'04" West, a distance of 45.72 feet to a point for corner; North 57°26'44" West, a distance of 44.71 feet to a point for corner; North 47°21'40" West, a distance of 45.17 feet to a point for corner; North 41°16'31" West, a distance of 44.92 feet to a point for corner; North 79°16'21" West, a distance of 46.36 feet to a point for corner; South 61°42'18" West, a distance of 42.39 feet to a point for corner; South 00°00'15" East, a distance of 45.45 feet to a point for corner; South 21°42'40" East, a distance of 44.11 feet to a point for corner; South 33°02'14" East, a distance of 45.17 feet to a point for corner; South 46°40'29" East, a distance of 44.26 feet to a point for corner; South 31°27'40" East, a distance of 38.89 feet to a point for corner; South 13°15'46" West, a distance of 44.03 feet to a point for corner; South 26°26'42" West, a distance of 49.23 feet to a point for corner; South 24°34'46" West, a distance of 57.69 feet to a point for corner; South 32°19'05" West, a distance of 44.83 feet to a point for corner; South 45°22'04" West, a distance of 49.31 feet to a point for corner; South 15°04'50" West, a distance of 44.34 feet to a point for corner; South 12°20'13" West, a distance of 47.05 feet to a point for corner; South 51°32'28" East, a distance of 47.72 feet to a point for corner; South 55°22'11" East, a distance of 46.41 feet to a point for corner; South 49°57'31" East, a distance of 45.99 feet to a point for corner; South 55°16'13" East, a distance of 45.45 feet to a point for corner; South 49°03'34" East, a distance of 25.79 feet to a point for corner; South 23°24'33" East, a distance of 45.63 feet to a point for corner; South 10°19'26" West, a distance of 47.19 feet to a point for corner; South 25°15'31" West, a distance of 48.85 feet to a point for corner; South 21°39'38" West, a distance of 44.51 feet to a point for corner; South 28°24'12" West, a distance of 26.50 feet to a point for corner; South 55°15'13" West, a distance of 49.81 feet to a point for corner; South 75°22'27" West, a distance of 44.43 feet to a point for corner; South 69°07'42" West, a distance of 44.61 feet to a point for corner; South 49°23'46" West, a distance of 41.71 feet to a point for corner; South 06°59'20" East, a distance of 46.31 feet to a point for corner; South 35°52'00" East, a distance of 46.30 feet to a point for corner; South 32°07'08" East, a distance of 49.72 feet to a point for corner; South 14°51'13" East, a distance of 44.18 feet to a point for corner; South 28°25'05" West, a distance of 42.52 feet to a point for corner; South 67°49'28" West, a distance of 46.70 feet to a point for corner; South 79°32'24" West, a distance of 40.33 feet to a point for corner; South 81°36'49" West, a distance of 49.95 feet to a point for corner; South 78°01'15" West, a distance of 36.49 feet to a point for corner; South 05°35'28" East, a distance of 47.80 feet to the southernmost southeast corner of said 17.070 acre tract, being on the westerly line of said Tract 2 and the easterly line of aforesaid 189.695 acre tract; THENCE North 85°37'47" East, along the westerly line of said Tract 2 and the easterly line of said 189.695 acre tract, a distance of 193.33 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for an ell corner of said Tract 2, common to a northeast corner of said 189.695 acre tract; THENCE South 03°33'27" East, continuing along the westerly line of said Tract 2 and the easterly line of said 189.695 acre tract, a distance of 516.01 feet to the northerly southeast corner of said 189.695 acre tract, common to the north corner of a called 1.84-acre tract of land described in a certified copy of probate to Walter C. Fain, recorded in Document No. 2004-95008, said Official Records; THENCE South 40°46'41" West, departing said westerly line, and along the northwesterly line of said 1.84-acre tract, same being the southeasterly line of said 189.695-acre tract, a distance of 552.59 feet to a 1/2 inch iron rod with plastic cap (illegible) found for the southerly southeast corner of said 189.695-acre tract, common to the southwest corner of said 1.84-acre tract, also being on the northerly line of a called 23.507 acre tract of land described as Tract 3 in a deed to Town of Prosper, as recorded in Instrument No. 2022-69025, said Official Records; THENCE South 89°21'41" West, along the northerly line of said Tract 3, and the southerly line of said 189.695-acre tract, a distance of 1,002.42 feet to a 1/2 inch iron rod found for the northwest corner of said Tract 3 and the easternmost northeast corner of the Middle School #9 Addition, recorded in Instrument No. 2023-375, said Plat Records; THENCE South 89°18'00" West, continuing along said southerly line, and along the northerly line of said Middle School #9 Addition, a distance of 363.44 feet to the southwest corner of said 189.695-acre tract, common to an ell corner of said Middle School #9 Addition; THENCE along the westerly line of said 189.695-acre tract, and the easterly line of said Middle School addition, and a called Tract 1 and a called Tract 2, described in a deed to VEE Prosper Oaks, LLC, recorded in Instrument No. 2022-53773, said Official Records, and the aforesaid 91.001-acre tract, the following courses and distances: North 00°12'17" East, a distance of 978.51 feet to an ell corner of said Tract 2, common to the southernmost northwest corner of said 189.695-acre tract, from which, a 5/8 inch iron rod found for witness bears North 11°17' West, 1.16 feet; North 89°06'26" East, a distance of 471.46 feet to a 4 inch metal post found for an ell corner of said 189.695-acre tract, from which, a 1/2 inch iron rod found for witness bears North 02°24' East, 1.67 feet; North 00°29'54" West, a distance of 720.64 feet to a 1/2 inch iron rod found for the northeast corner of said Tract 2, common to the southeast corner of said Tract 1; North 00°32'01" West, a distance of 486.46 feet to a 1/2 inch iron rod found for the northeast corner of said Tract 1, common to the southeast corner of said 91.001-acre tract; North 00°32'30" West, a distance of 2,726.37 feet to the POINT OF BEGINNING and containing 16,266,607 square feet or 373.430 acres of land, more or less. I L OETATS SA X ETF D S U R V E YORL A N E S S ALP ROF O NR E G IS TERE D SYLVIANA GUNAWAN 6461 SYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com DEVELOPER: Toll Southwest, LLC. 2555 SW Grapevine Parkway Grapevine, TX 76051 Ph: (817) 329-7973 Contact: Mike Boswell ENGINEER: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Casey Ross, P.E. N.T.S.VICINITY MAP SITE U.S. 380 FISHTRAP ROAD PARVIN ROAD DALLAS PKWYF.M. 1385FIRST STREET LEGACY DR.Page 442 Item 16. Exhibit B: Statement of Intent ZONE-24-0022 Prosper Oaks Statement of Intent and Purpose Toll Brothers is pleased to submit this Statement of Intent and Purpose for the master planned community Prosper Oaks which is generally located east of FM 1385, west of Windsong Ranch, north of Noles Road, and South of Parvin Road / Frontier Parkway. Prosper Oaks will consist of approximately ±800 age-qualified and market rate residential lots situated on approximately 373.5 acres. The east portion of the community will consist of typical detached single family residential with community trail, pond, and amenity area amenities. The west portion is currently designed as a gated, age-qualified, detached single family housing for adults aged 55 and over. It will include an amenity center with a design that will focus on seniors, including, but not limited to, indoor meeting spaces, sports courts and medical office uses. The project will include active and passive amenities for the use of the Prosper Oaks and Prosper residents. The community will be designed in accordance with the zoning and subdivision standards of the Town of Prosper; moreover, the attached Planned Development District will further layout the overall concept for the Prosper Oaks community with its amenities. A development agreement is also contemplated to address offsite infrastructure needs to support the community in accordance with the Town’s comprehensive plan. Page 443 Item 16. DEVELOPMENT REGULATIONS – Page 1 ZONE-24-0022 EXHIBIT C DEVELOPMENT REGULATIONS (373.5107 acres; approx. 310.4 Net Acres) ▪ Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Regulations, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision Ordinance (Ordinance No. 17-41), as it exists or may be amended, shall apply. o In the event of a conflict between the Town’s Zoning Ordinance and this PD Ordinance, this PD Ordinance shall control. In the event of a conflict between these Development Regulations and the Concept Plan, these Development Regulations shall control. 1. Development Plans: a) Concept Plan: The property shall be developed in general accordance with the attached concept plan, set forth in Exhibit D (the “Concept Plan”), except as modified as provided herein. The Concept Plan shall satisfy all requirements under the Zoning Ordinance to submit/ approve a conceptual development plan for this PD and no further conceptual development plan, or approvals by the Planning & Zoning Commission or Town Council with respect to a conceptual development plan shall be required. b) Open Space and Trail Plan: The property shall be developed in general accordance with the attached Open Space and Trail Plan, set forth in Exhibit G (the “Open Space and Trail Plan”), except as modified as provided herein. c) Changes of detail or amendments to the Concept Plan, the Open Space and Trail Plan (except changes to any Hike and Bike Trails shown on the Open Space and Trail Plan, which are subject to subsection 1(e) below) or any other exhibits attached hereto may be authorized by the Development Services Director so long as such changes or amendments: i. do not alter the basic relationship of the proposed development to adjacent property; ii. do not alter the uses permitted; iii. do not increase the number of dwelling units above 800 dwelling units; iv. do not increase building height above 40 feet; v. do not increase lot coverage for any residential lot above 45 percent; vi. do not decrease the required off street parking ratio; and vii. do not reduce the minimum yards required pursuant to Section 5 and Section 6 of these Development Regulations (below). d) The applicant may appeal the Development Services Director’s decision to deny an amendment to the Concept Plan or any other exhibits attached hereto to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. For any amendments that are not authorized to be approved by the Development Services Director herein or in the Zoning Ordinance (or by the Town’s Planning & Zoning Commission in the Zoning Ordinance), the applicant may apply for an amendment through the same process as a zoning amendment. Page 444 Item 16. DEVELOPMENT REGULATIONS – Page 2 e) Changes of detail or amendments to any Hike and Bike Trails shown on the Open Space and Trail Plan may be authorized by the Town’s Director of Parks & Recreation or his/her designated representative (the “Parks Director”) so long as such changes or amendments: do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted, or reduce the minimum yards required pursuant to Section 5 and Section 6 of these Development Regulations (below). i. The applicant may appeal the Parks Director’s decision to deny an amendment to the Open Space and Trail Plan to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. For any amendments that are not authorized to be approved by the Parks Director herein or in the Zoning Ordinance (or by the Town’s Planning & Zoning Commission in the Zoning Ordinance), the applicant may apply for an amendment through the same process as a zoning amendment. 2. Tracts; Defined Terms. a) Tracts. i. The property is referred to herein as two separate tracts, the “East Tract”, labeled as the “East Tract” on the Concept Plan and the “West Tract”, labeled as the “West Tract” on the Concept Plan. b) Defined Terms. i. “Amenity Center” means a facility that provides amenities primarily for the use of a private group, association, subdivision or neighborhood. Amenity centers can include without limitation (but are not required to include) pools, playgrounds, fitness centers, and other facilities. ii. “Community Pool” means a swimming pool that is available for use by residents and their guests in the subdivision or neighborhood in which it is located. It may be part of an Amenity Center. iii. “Development Services Director” means the Town’s Director of Development Services or his/her designated representative. iv. “Fire Pit Amenity” means a designated outdoor area with a fire pit, provided as a feature for residents or guests to gather around, enjoy warmth from the fire, and socialize. v. “Gazebo” means a freestanding roofed structure usually open on the sides. vi. “Game Lawn” means an outdoor lawn, grass or other outdoor area that may be used for outdoor games such as but not limited to cornhole, bocce ball, croquet, and horseshoes. vii. “Hike and Bike Trail” means a concrete trail ten feet (10’) in width (except where approved to be less than ten feet in width as described below) generally shown in yellow and labeled as the “Public Trail” on the Open Space and Trail Plan. The trail may be used for walking, running, hiking, biking and/or similar uses. The trail shall not be required to be greater than 10’ in width (and may be less than 10’ in width where natural features or vegetation prevent such width as approved by the Development Services Director). The Development Services Director may approve less than 10’ in Page 445 Item 16. DEVELOPMENT REGULATIONS – Page 3 width for the Hike and Bike Trail where the owner or developer is able to show that natural features or vegetation prevent or impede a ten foot width. The Hike and Bike Trail will be available for access by the public. No part of the Hike and Bike Trail as such term is used herein is required to be within the gated area of the residential community. viii. “Net acreage” or “net acres” means gross land area less any: 1. Land located within a floodplain or special flood hazard area as designated by the Federal Emergency Management Agency on its Flood Hazard Boundary Map and Flood Insurance Rate Maps, or the Department of Housing and Urban Development, Federal Insurance Administration, Special Flood Hazard Area Maps. 2. Right-of-way dedicated for major thoroughfares. 3. Required parkland dedication. 4. Detention. 5. Land used for non-residential purposes. Notwithstanding the foregoing, net acreage or net acres may include the following: o Private open space. o Park dedication in excess of minimum park dedication requirements. o Detention ponds that contain a constant water level, are landscaped, or otherwise treated as an amenity for the development, as determined by the Development Services Director. ix. “Outdoor Grilling Station” means a set of tools and/or equipment for grilling or cooking and preparing food outdoors. It typically will include one or more grills and related counter space. x. “Pavilion” means a usually open, covered structure in a garden, open space, or place of recreation that is used for entertainment or shelter. xi. “Pocket Park” means a small, outdoor park or open space area. xii. “Pond” means a small, still, land-based body of water formed by pooling inside a depression, either naturally or artificially. xiii. “Putting Green” means a small area of short grass or turf on which people can hit golf balls into a series of holes for entertainment or for practice. xiv. “Sports Court” means a court or hardscape area designed for athletic or recreational purposes (e.g., such as a full or half basketball court, tennis court, or pickleball court, etc.) surrounded by fencing or on a standalone pad. A half basketball court counts as one sports court. Page 446 Item 16. DEVELOPMENT REGULATIONS – Page 4 xv. “Utility Distribution Facility” means a structure or facility used to deliver utilities from their source to consumers. These facilities can include without limitation pipelines, wires, a lift station and/or other equipment. 3. Uses. a) The following uses are permitted by right within the East Tract: 1. Model home; 2. Private Street Development1; 3. Single-Family Dwelling, Detached; 4. Accessory Building; 5. Homebuilder Marketing Center; 6. Home Occupation; 7. Household Care Facility; 8. Municipal Uses Operated by the Town of Prosper; 9. Park or Playground; 10. Private Recreation Center; 11. School, Public; 12. Antenna and/or Antenna Support Structure, Non-Commercial; 13. Private Utility, Other Than Listed; 14. Wireless Communications and Support Structures less than 15 feet in height; and 15. Child Care Center, Home. ii. Incidental Uses – including, but not limited to Amenity Centers, Community Pools, Gazebos, Pavilions, Sports Courts, Putting Greens, frisbee or disc golf course, and Ponds. b) The following uses are permitted by Specific Use Permit (SUP) within the East Tract: i. Child Care Center, Licensed. ii. Wireless Communications and Support Structures 15 feet or greater in height. iii. Utility Distribution Facility. c) The following uses are permitted by right within the West Tract: 1. Model home; 2. Accessory Building; 3. Homebuilder Marketing Center; 4. Home Occupation; 5. Household Care Facility; 6. Municipal Uses Operated by the Town of Prosper; 7. Park or Playground; 8. Private Recreation Center; 9. Antenna and/or Antenna Support Structure, Non-Commercial; 1 Use is permitted subject to compliance with conditional development standards or limitations in the corresponding numeric end note in Article 3, Division 1, Permitted Uses and Definitions, Section 3.1.4, Conditional Development Standards of the Zoning Ordinance. Page 447 Item 16. DEVELOPMENT REGULATIONS – Page 5 10. Private Utility, Other Than Listed; 11. Wireless Communications and Support Structures less than 15 feet in height; 12. Single Family Dwelling, Detached Active Adult Community. “Active Adult Community” shall mean Single Family Dwelling, Detached that may be marketed and/or designed as a planned community primarily for residents who have retired from an active working life. A residential development that contains the West Tract Required Amenities will be considered a community designed primarily for residents who have retired from an active working life. Homeownership and/or occupancy on all or a portion of the lots within the West Tract may be limited to certain qualified ages, and may include without limitation Single Family Dwelling, Detached age restricted to residents 55 years of age and older. By way of example and not limitation, this use may include an age qualified community that restricts all lots to certain qualified ages, or may restrict a certain percentage of the lots to one or more qualified age(s). Any restrictions limiting the age(s) of any resident(s) (and any exceptions to such limitations) shall be contained within private Covenants, Conditions and Restrictions for the West Tract as this PD Ordinance does not provide any such regulations, just an allowance for an age qualified community to be developed. 13. Private Street Development is allowed by right.2 14. Incidental Uses – including, but not limited to Amenity Centers, Community Pools, Recreation Centers, food trucks, Gazebos, Pavilions, Sports Courts, Putting Greens, frisbee or disc golf course, and Ponds. (a) An Amenity Center may include but is not limited to the following uses: (i) Office, business center or co-working space, a café, a kitchen and/or catering kitchen, clubroom, fitness center, conference rooms, locker room or changing room with or without shower facilities, lounge, storage areas, restroom facilities, social gathering areas. (ii) Storage of equipment (such as but not limited to physical therapy, medical equipment, and pool equipment). 2 Private Street Development is allowed by right within the West Tract pursuant to this PD and is excluded from the requirement for a Specific Use Permit in the Zoning Ordinance. Page 448 Item 16. DEVELOPMENT REGULATIONS – Page 6 (iii) Administrative, Medical, or Professional Office is allowed as an accessory use as part of an Amenity Center in a Single Family Dwelling, Detached Active Adult Community. (b) Examples of food trucks (an allowed incidental use within the West Tract) are included with the Inspirational Images attached as Exhibit H. Food trucks or food truck stations are not required to exactly match the images or design included with Exhibit H, rather Exhibit H provides some examples of what this use may look like. d) The following uses are permitted by Specific Use Permit (SUP) within the West Tract: i. Wireless Communications and Support Structures 15 feet or greater in height. ii. Utility Distribution Facility. 4. Maximum Overall Density. a) Maximum Permitted Density for the entire property (including both the East Tract and the West Tract): 800 dwelling units, which may be a mix of the lot types defined herein. There is no minimum number of dwelling units per acre. Notwithstanding the proposed locations of lots and lot types as shown on the Concept Plan, the developer may change the location of lots and/or lot types and relocate lots/ lot types and such amendments to the Concept Plan will be approved by the Development Services Director so long as: (i) the total number of dwelling units located on the property is not more than 800 dwelling units, and (ii) the Concept Plan otherwise complies with the requirements herein. 5. Development Regulations for the East Tract. a) Type A Lots: “Type A Lots” shall be considered any lots within the East Tract with a lot width of 80’ or greater. Except as otherwise provided herein, Type A Lots shall comply with the requirements and regulations for the Single Family-12.5 District of the Town’s Zoning Ordinance, subject to the following changes: i. Minimum Enclosed Parking (Garage) Area: 600 square feet. b) Type B Lots: “Type B Lots” shall be considered any lots within the East Tract with a lot width of less than 80’. Except as otherwise provided herein, Type B Lots shall comply with the requirements and regulations for the Single Family-10 District of the Town’s Zoning Ordinance, subject to the following changes: i. Minimum Lot Width: 75 feet. ii. Minimum Enclosed Parking (Garage) Area: 600 square feet. Page 449 Item 16. DEVELOPMENT REGULATIONS – Page 7 c) At least 100 lots within the East Tract will be Type A Lots. The maximum number of dwelling units within the East Tract is 275. d) At least ten percent (10%) of all lots within the East Tract (calculated based on the aggregate of all lots within the East Tract within all phases rather than on a phase by phase basis) will have a lot area of at least 20,000 square feet. e) Please see Table 1 below for a summary of the development standards for the East Tract. In the event of a conflict between Table 1 and the text in Section 5(a)-(d) above, the text in Section 5(a)-(d) above shall control. Table 1 SF-12.5 Base District Type A Lots SF-10 Base District Type B Lots Min. or Max. # of lot type (if applicable) n/a At least 100 within the East Tract n/a n/a Minimum Front Yard 30 feet 30 feet 25 feet 25 feet Minimum Side Yard Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. Minimum Rear Yard 25 feet 25 feet 25 feet 25 feet Minimum Lot Area 12,500 square feet 12,500 square feet 10,000 square feet 10,000 square feet Minimum Lot Width 80 feet 80 feet 80 feet 75 feet Minimum Lot Depth 135 feet 135 feet 125 feet 125 feet Minimum Dwelling Area 1,800 square feet 1,800 square feet 1,800 square feet 1,800 square feet Minimum Enclosed Parking (Garage) Area 400 square feet 600 square feet 400 square feet 600 square feet Maximum Height Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Maximum Lot Coverage 45 percent 45 percent 45 percent 45 percent 6. Development Regulations for the West Tract Page 450 Item 16. DEVELOPMENT REGULATIONS – Page 8 a) Except as otherwise provided herein, Type C Lots, Type D Lots and Type E Lots (as defined herein) shall comply with the requirements and regulations for the Single Family-10 District of the Town’s Zoning Ordinance. b) Type C Lots: “Type C Lots” shall be considered any lots within the West Tract with a lot width of 75 feet or greater. Type C Lots shall be developed to the standards in Table 2 for Type C Lots. c) Type D Lots: “Type D Lots” shall be considered any lots within the West Tract with a lot width of at least 65 feet, but less than 75 feet. Type D Lots shall be developed to the standards in Table 2 for Type D Lots. d) Type E Lots: “Type E Lots” shall be considered any lots within the West Tract with a lot width of at least 55 feet, but less than 65 feet. Type E Lots shall be developed to the standards in Table 2 for Type E Lots. Table 2 SF-10 Base District Type C Lots Type D Lots Type E Lots Min. or Max. # of lot type (if applicable) n/a At least 100 within the West Tract n/a A maximum of 200 within the West Tract Minimum Front Yard 25 feet 25 feet 25 feet 25 feet Minimum Side Yard Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. Minimum Rear Yard 25 feet 25 feet 25 feet 25 feet Minimum Lot Area 10,000 square feet 10,000 square feet 8,800 square feet 7,500 square feet Minimum Lot Width 80 feet 75 feet 65 feet 55 feet Minimum Lot Depth 125 feet 125 feet 125 feet 125 feet Minimum Dwelling Area 1,800 square feet 2,000 square feet 1,800 square feet 1,550 square feet Minimum Enclosed Parking (Garage) Area 400 square feet 400 square feet 400 square feet 400 square feet Maximum Height Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Maximum Lot Coverage 45 percent 45 percent 45 percent 45 percent Page 451 Item 16. DEVELOPMENT REGULATIONS – Page 9 e) No more than 200 lots within the West Tract may be Type E Lots. At least 100 of the lots within the West Tract are required to be Type C Lots. The maximum number of dwelling units within the West Tract is 525. f) Article 4, Division 9, Section 4.9.3.F. of the Zoning Ordinance regarding staggered front yard setbacks does not apply. No staggered front yard setback is required ; however, lot types (i.e., Type C, Type D and Type E) will be inter-mixed on each street on a block, so that each street has at least two lot types. Inter-mixing of lot types will result in a staggering of different home product types rather than staggering the setbacks to create visual interest on a street or block. Lot types will be mixed so that one side of a street is not identical (e.g., does not mirror) the opposite side of the street. For example, if one side of the street consists of ten (10) Type C Lots and ten (10) Type D Lots, then the opposite side of the street must have either a different number of Type C and Type D Lots or should include Type E Lots so that one side of the street does not exactly match the opposite side of the street. By way of clarification, the requirement to inter-mix lot types on a block or street does not prevent two of the same lot type being adjacent to each other on a street; rather the requirement is that more than one lot type will be provided on a block or street. Examples of how lot types may be inter-mixed is shown on Exhibit D and Exhibit D-1 attached. Streets/ blocks are not required to conform exactly to Exhibit D and/or Exhibit D-1; rather, Exhibit D and Exhibit D-1 are meant to show a graphic depiction of how lot types may be inter-mixed along a street or block. g) A Single Family Dwelling, Detached Active Adult Community may be gated and separated from the surrounding communities along the perimeter subject to Section 7(d) herein, Screening and Fencing. h) Internal to a Single Family Dwelling, Detached Active Adult Community there shall be connectivity throughout with access points to surrounding neighborhoods or trails. i) Private Street Development. i. The proposed streets shall be privately owned, maintained, and regulated by the applicable homeowners’ association. Storm drainage for private streets shall also be maintained by the applicable homeowners’ association. ii. The property owner or developer will dedicate water and sewer easements to the Town within or adjacent to the streets in order for the development to be connected to the Town water and sewer systems. iii. Otherwise, private streets shall be constructed in accordance with the requirements for private streets and gated subdivisions contained in Section 10.03.134 of Chapter 10, Article 3, Division 6 of the Code of Ordinances, Town of Prosper, Texas. 7. General Development Regulations a) Architectural Regulations: i. Dwelling units shall be in general conformance with one of the home styles shown in the renderings included with Exhibit F, with regard to design. Materials shall be governed by subsection (a)(ii) below. Otherwise stated, building materials are not required to match what is shown on Exhibit F; Page 452 Item 16. DEVELOPMENT REGULATIONS – Page 10 rather, building material(s), including without limitation color palettes or types of materials may consist of any of the materials allowed in subsection (a)(ii) herein, subject to the requirements in that section. The property owner or developer shall submit building elevations with the application for a building permit. The Town will approve the building elevations if they substantially conform to the requirements of this subsection (a)(i) and subsection (a)(ii) below. The architectural styles depicted on Exhibit F are an example of the different styles that homes must be in general conformance with (e.g., each separate home will be in general conformance with one of the styles shown). Building elevations are not required to exactly match or be the same color palette as what is shown on Exhibit F so long as they are in general conformance with one of the styles on Exhibit F. The applicant may submit alternate/different elevations that do not comply with the requirements of this subsection (a) (e.g., are a different style/design than Exhibit F or deviate from subsection (a)(ii)) and such alternate elevations may be approved by the Development Services Director, except that any elevations that differ by more than ten percent (10%) from the percentages required pursuant to subsection (a)(ii) herein will require review by the Planning & Zoning Commission and approval by the Town Council. ii. The exterior facades of a main building or structure, excluding windows, doors and area above the roof line shall comply with the following requirements: 1. The exterior facades shall be constructed of 100 percent (100%) masonry, unless otherwise specified herein. 2. Cementitious fiber board is considered masonry, but may only constitute: (a) For the front façade of any home: Up to fifty percent (50%) of stories other than the first story on the front façade of a residential home3, except for the modern farmhouse and craftsman styles as noted below. Cementitious fiber board may be used as a façade cladding material for portions of upper stories on the front façade of a home that are in the same vertical plane as the first story so long as the home generally complies with one of the architectural styles included with Exhibit F; and (b) For the side and rear facades of any home: Up to twenty percent (20%) of all stories on the side and rear facades of a 3 For clarification, up to 100 percent (100%) of the first story on the front façade of any residential home may be cementitious fiberboard. Page 453 Item 16. DEVELOPMENT REGULATIONS – Page 11 residential home (e.g., eaves, soffits, and rear gables above the first floor). 3. Unless an alternate material is approved by the Development Services Director, any portion of an upper story, excluding windows, architectural features or area above the roof line, that faces Parvin Road or Frontier Parkway shall be 100 percent (100%) masonry and shall not be comprised of cementitious fiber board except for eaves, soffits, and rear gables (which may be comprised of cementitious fiber board). 4. Unless an alternate material is approved by the Development Services Director, any portion of an upper story, excluding windows, architectural features or area above the roof line, that faces and fronts on public or private open space, public or private parks, or the Hike and Bike Trail, shall be 100 percent masonry and may be comprised of cementitious fiber board subject to the limitations in Section 7(a)(ii)(2) above. 5. Unless an alternate material is approved by the Development Services Director, the exterior cladding of chimneys shall be brick, natural or manufactured stone, or three coat stucco. 6. Notwithstanding any limitation above, for modern farmhouse and craftsman style homes, cementitious fiber board is considered masonry, and may constitute up to eighty percent (80%) of stories other than the first story on the front façade of a residential home. The modern farmhouse and craftsman style homes are shown in the renderings included with Exhibit F. 7. Notwithstanding any limitation above, cementitious fiber board may be used for architectural features, including window box-outs, gables, bay windows, roof dormers, garage door headers, columns, exposed sidewalls/gable ends above lower roofs, exposed rafter tails, or other architectural features approved by the Development Services Director. 8. Masonry Construction means clay fired brick, natural and manufactured stone, granite, marble, three-coat stucco, and cementitious fiber board (subject to the limitations in this section) as exterior construction materials for all residential structures. Three-coat stucco means stucco applied using a three-step process over diamond metal lath mesh to a minimum of seven-eighths of an inch thickness or by other process producing comparable cement stucco finish with equal or greater strength and durability specifications. Page 454 Item 16. DEVELOPMENT REGULATIONS – Page 12 iii. An applicant may appeal any denial by the Development Services Director to a request for approval of an alternate material (as noted above) to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. iv. The primary massing of the roof on the main residential building shall have a minimum slope of 6:12. Accessory roof structures (including, but not limited to garages) and architectural features shall have a minimum slope of 1.25:12. v. Roof material shall be standing seam copper, metal roof or standing seam metal, natural slate shingles, imitation slate shingles, cementitious tile, or composition 30-year laminated shingles or other approved roof materials. “Other approved roof materials” mean roof materials other than listed herein that are approved by the Development Services Director. By way of clarification, roofing or roof materials are not required to match what is shown on Exhibit F hereto; rather, roof material may consist of any of the materials listed in this subsection. vi. The requirements in this section shall apply in lieu of any exterior construction, building materials or design requirements in the Town’s Zoning Ordinance and shall be the exclusive exterior construction, building materials, and design requirements that apply to the development of the property. b) All homes shall have a covered porch, stoop, or portico at the main front entry into the home. c) Driveway Pavement Enhancements: i. All driveways for single-family homes will be broom finished concrete; salt finish concrete; stained-patterned concrete; or brick, stone or inter-locking pavers. d) Screening and fencing. i. Screening and fencing may be provided generally as shown on the Open Space and Trail Plan. ii. The area labeled as “Minimum 50% Open Fencing” along portions of Parvin Road and Frontier Parkway on the Open Space and Trail Plan (the “Perimeter Fence”) will be constructed with at least fifty (50%) ornamental metal or tubular steel, with masonry columns and will be a minimum height of six feet and a maximum height of eight feet (except for columns which may be up to nine feet). The Perimeter Fence may include masonry materials so long as less than 50% of the total fence is masonry. The following requirements apply for the Perimeter Fence: 1. Masonry columns shall be spaced between 75 feet and 100 feet. Page 455 Item 16. DEVELOPMENT REGULATIONS – Page 13 2. The maximum height of the masonry columns, including capstones, shall be nine feet. 3. The minimum height of required walls and fences shall be measured from the nearest alley edge, the property line (where no alley exists) or sidewalk grade, whichever is higher, and shall be constructed in accordance with town design standards. 4. The ornamental metal fence shall be constructed of solid-stock materials and tubular steel with a minimum of 16 gauge pickets and 11 gauge posts. e) Trees on Corner Lots. i. A minimum of one tree from the large tree list in Section 4.2.7 of the Zoning Ordinance shall be planted in the side yard area adjacent to the street on a corner lot. When more than two trees are required per lot, the corner lot, side yard tree may count toward the requirement. Street trees (trees located in the parkway area between the curb and the sidewalk) adjacent to the side yard of a corner lot may count toward the requirement. 8. Open Space and Amenities a) East Tract Open Space: Open space shall be provided generally in the areas shown as “open space” on the Open Space and Trail Plan. The open space within the East Tract is not required to conform exactly to the boundaries as shown on the Open Space and Trail Plan, so long as at least 30 acres of open space is provided within the East Tract (such minimum open space acreage refers to open space within the aggregate, including all phases and all open space areas within the East Tract – the open space is not required to be contiguous). b) West Tract Open Space: Open space shall be provided generally in the areas shown as “open space” on the Open Space and Trail Plan. The open space within the West Tract is not required to conform exactly to the boundaries as shown on the Open Space and Trail Plan, so long as at least 20 acres of open space is provided within the West Tract (such minimum open space acreage refers to open space within the aggregate, including all phases and all open space areas within the West Tract – the open space is not required to be contiguous). c) Detention and retention may be provided in open space areas. d) Open space areas may include area within the floodplain or special flood hazard area. e) In order for an open space area to be counted towards the minimum 30 acre requirement for the East Tract (referenced above) and the minimum 20 acre requirement for the West Tract (referenced above), a given open space area must be (1) at least 10,000 square feet in size; and (2) have a minimum width of at least 40 feet. f) The following amenities are required to be installed within the East Tract and may be installed in open space areas or common areas (“East Tract Required Amenities”): Page 456 Item 16. DEVELOPMENT REGULATIONS – Page 14 i. A resident amenity area that includes a swimming pool, shade structure(s) totaling a minimum of 300 square feet, seating areas or a pool deck, and restroom facilities (the “East Amenity Area”). ii. At least one pocket park with a playground having a minimum of 40’ x 29’ use zone. iii. At least three (3) of the following: 1. Sports court; 2. Fishing pier; 3. Event lawn; 4. Game lawn; 5. Fire Pit Amenity; 6. Outdoor Grilling Station; 7. Putting Green; or 8. Pavilion. g) The following amenities are required to be installed within the West Tract and may be installed in open space areas or common areas (“West Tract Required Amenities”, and together with the East Tract Required Amenities, the “Required Amenities”): i. An Amenity Center or clubhouse including at a minimum a resident lounge area or social area, fitness center, and restrooms (the “West Amenity Center”). ii. A swimming pool with shade structure(s) totaling a minimum of 300 square feet and seating areas or a pool deck. iii. At least three (3) of the following amenities (“Elective West Tract Amenities”): 1. Pavilion with Outdoor Grilling Station; 2. Bocce ball court; 3. Sports Court; 4. Shuffleboard court or table; 5. Fire Pit Amenity; 6. Putting Green; 7. Outdoor spa; 8. Game Lawn; or 9. Event Lawn. h) An example of representative photographs of the Elective West Tract Amenities is included with Exhibit H (“Inspirational Images”). For the avoidance of doubt, the design of the amenities is conceptual in nature and the developer or property owner shall not be held to the design of an amenity as shown on Exhibit H. The Inspirational Images are meant to illustrate the types of amenities that will be provided, but the developer or property owner may use a different supplier, design and/or model for the amenities or improvements. Otherwise stated, the developer may make changes to the design and specifications of the Elective West Tract Amenities shown on Exhibit H so long as at least three (3) of the Elective West Tract Amenities are provided within the West Tract. Page 457 Item 16. DEVELOPMENT REGULATIONS – Page 15 i) The location of any one or more of the Required Amenities may change during the final design process from what is shown on any exhibits attached hereto. Additional amenities may be provided in addition to the Required Amenities. j) The Required Amenities may be completed in phases (corresponding with the respective phases of development as determined by the developer). The East Amenity Area shall be complete prior to issuance of a certificate of occupancy for the 138th single-family home within the East Tract. The West Amenity Center shall be complete prior to issuance of a certificate of occupancy for the 263rd single- family home within the West Tract. The remaining Required Amenities shall be completed prior to the issuance of the last certificate of occupancy in the phase in which the respective amenity is located within. Completion of the Required Amenities, or any one of them shall not be a condition to issuance of building permits or approval of plats or construction plans. k) The open space, amenities and trails requirements in this section and Section 9 below shall be the exclusive open space, amenities and trails requirements that apply to the development of the property. 9. Trails and Sidewalks i. A Hike and Bike Trail shall be provided generally as shown in yellow and labeled as the “Public Trail” on the Open Space and Trail Plan. By way of clarification, the Hike and Bike Trail referenced herein does not include any of the trails shown as “Public Trail Installed by Others” on the Open Space and Trail Plan. The Hike and Bike Trail shall be located within a twenty- foot (20’) public trail easement or pedestrian access easement and may overlap with other Town easements as approved by the Town’s Engineering Department. A dog waste station, bench, and trash receptacle will be provided at least every 500 feet along the Hike and Bike Trail. The Hike and Bike Trail is flexible and not strictly bound to the locations shown on the Open Space and Trail Plan. The Hike and Bike Trail may shift or otherwise be modified with the final engineering design so long as the trail complies with the requirements herein. The Hike and Bike Trail may be completed in phases and is required to be completed (and a public easement for such portion(s) of the trail dedicated) prior to the issuance of the last certificate of occupancy in the phase in which the respective portion(s) of the Hike and Bike Trail are located within or adjacent to. The developer or property owner may designate the phases of the development. ii. Private trails are not required to be within a dedicated easement and may overlap with other Town easements. iii. The developer or property owner may (1) provide one or more of the following along or at the entrance to private trails: trail heads, trail way stations, overlooks, butterfly gardens and/or other types of trail enhancements; and (2) reserve or restrict the use of such areas for residents, each in its discretion. Examples of these types of trail enhancements are included on the pages titled “Walking/ Fitness Trails” and “Nature Overlooks & Butterfly Gardens” in Exhibit H. For the avoidance of doubt, the design of any trail heads, trail way stations, overlooks or other trail Page 458 Item 16. DEVELOPMENT REGULATIONS – Page 16 enhancements is conceptual in nature and the developer or property owner shall not be held to the designs or types of such items as shown on Exhibit H. The Inspirational Images are meant to illustrate the types of trail enhancements that may be provided, but the developer or property owner may use a different design or type of enhancement or improvement(s). iv. Except as provided herein, sidewalks shall be a minimum of five feet (5’) in width. Sidewalks along Parvin Road and Frontier Parkway shall be a minimum of six feet (6’) in width. 10. Miscellaneous a) Building permits for model homes may be issued prior to the final acceptance of the proposed subdivision (or any portion thereof) or any public infrastructure for the subdivision, subject to the Town’s Early Model Home Permit Policy; provided that two homes per lot type (i.e., two each of Lot Type A, Lot Type B, Lot Type C, Lot Type D and Lot Type E) may be permitted for model home purposes and such permits shall not be limited to two homes per builder. b) Permits and a certificate of occupancy for a Sales Trailer may be issued prior to final acceptance of the proposed subdivision (or any portion thereof) or any public infrastructure for the subdivision; provided that all streets adjacent to the Sales Trailer have been completed and the water system and fire hydrants related thereto have been completed and are functional. “Sales Trailer” means a mobile structure used to accommodate temporary offices for the purposes of meeting with the general public during construction projects. c) Plans for design and construction of any amenities, including without limitation any of the Required Amenities may be submitted and reviewed/approved by the Town while public infrastructure for the subdivision is being constructed (i.e., such plans may be submitted and approved prior to acceptance of public infrastructure or recording of a final plat). If such plans are submitted, once submitted, the City will review and approve such plans within 45 days of submittal. Once any amenity plans are approved and sufficient roads and water facilities have been provided within the subdivision to provide fire access and fire fighting capability to the area where the applicable amenity or amenities will be constructed, the Town will issue a permit that will allow the applicant to begin construction of any such amenities (i.e., construction of such amenities may begin prior to acceptance of all public infrastructure for the subdivision or recording of a final plat). 4880-6435-7609v.30 Page 459 Item 16. ZONE-24-0022 EXHIBIT C DEVELOPMENT REGULATIONS (373.5107 acres; approx. 310.4 Net Acres) Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Regulations, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision Ordinance (Ordinance No. 17-41), as it exists or may be amended, shall apply. o In the event of a conflict between the Town’s Zoning Ordinance and this PD Ordinance, this PD Ordinance shall control. In the event of a conflict between these Development Regulations and the Concept Plan, these Development Regulations shall control. 1.Development Plans: a)Concept Plan: The property shall be developed in general accordance with the attached concept plan, set forth in Exhibit D (the “Concept Plan”), except as modified as provided herein. The Concept Plan shall satisfy all requirements under the Zoning Ordinance to submit/ approve a conceptual development plan for this PD and no further conceptual development plan, or approvals by the Planning & Zoning Commission or Town Council with respect to a conceptual development plan shall be required. b)Open Space and Trail Plan: The property shall be developed in general accordance with the attached Open Space and Trail Plan, set forth in Exhibit G (the “Open Space and Trail Plan”), except as modified as provided herein. c)Changes of detail or amendments to the Concept Plan, the Open Space and Trail Plan (except changes to any Hike and Bike Trails shown on the Open Space and Trail Plan, which are subject to subsection 1(e) below) or any other exhibits attached hereto may be authorized by the Development Services Director so long as such changes or amendments: i.do not alter the basic relationship of the proposed development to adjacent property; ii.do not alter the uses permitted; iii.do not increase the number of dwelling units above 800 dwelling units; iv.do not increase building height above 40 feet; v.do not increase lot coverage for any residential lot above 45 percent; vi.do not decrease the required off street parking ratio; and vii.do not reduce the minimum yards required pursuant to Section 5 and Section 6 of these Development Regulations (below). d)The applicant may appeal the Development Services Director’s decision to deny an amendment to the Concept Plan or any other exhibits attached hereto to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. For any amendments that are not authorized to be approved by the Development Services Director herein or in the DEVELOPMENT REGULATIONS – Page 1 Page 460 Item 16. Zoning Ordinance (or by the Town’s Planning & Zoning Commission in the Zoning Ordinance), the applicant may apply for an amendment through the same process as a zoning amendment. e)Changes of detail or amendments to any Hike and Bike Trails shown on the Open Space and Trail Plan may be authorized by the Town’s Director of Parks & Recreation or his/her designated representative (the “Parks Director”) so long as such changes or amendments: do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted, or reduce the minimum yards required pursuant to Section 5 and Section 6 of these Development Regulations (below). i.The applicant may appeal the Parks Director’s decision to deny an amendment to the Open Space and Trail Plan to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. For any amendments that are not authorized to be approved by the Parks Director herein or in the Zoning Ordinance (or by the Town’s Planning & Zoning Commission in the Zoning Ordinance), the applicant may apply for an amendment through the same process as a zoning amendment. 2.Tracts; Defined Terms. a)Tracts. i.The property is referred to herein as two separate tracts, the “East Tract”, labeled as the “East Tract” on the Concept Plan and the “West Tract”, labeled as the “West Tract” on the Concept Plan. b)Defined Terms. i.“Amenity Center” means a facility that provides amenities primarily for the use of a private group, association, subdivision or neighborhood. Amenity centers can include without limitation (but are not required to include) pools, playgrounds, fitness centers, and other facilities. ii.“Community Pool” means a swimming pool that is available for use by residents and their guests in the subdivision or neighborhood in which it is located. It may be part of an Amenity Center. iii.“Development Services Director” means the Town’s Director of Development Services or his/her designated representative. iv.“Fire Pit Amenity” means a designated outdoor area with a fire pit, provided as a feature for residents or guests to gather around, enjoy warmth from the fire, and socialize. v.“Gazebo” means a freestanding roofed structure usually open on the sides. vi.“Game Lawn” means an outdoor lawn, grass or other outdoor area that may be used for outdoor games such as but not limited to cornhole, bocce ball, croquet, and horseshoes. vii.“Hike and Bike Trail” means a concrete trail ten feet (10’) in width (except where approved to be less than ten feet in width as described below) generally shown in yellow and labeled as the “Public Trail” on the Open Space and Trail Plan. The trail may be used for walking, running, hiking, biking and/or similar uses. The trail shall not be required to be DEVELOPMENT REGULATIONS – Page 2 Page 461 Item 16. greater than 10’ in width (and may be less than 10’ in width where natural features or vegetation prevent such width as approved by the Development Services Director). The Development Services Director may approve less than 10’ in width for the Hike and Bike Trail where the owner or developer is able to show that natural features or vegetation prevent or impede a ten foot width. The Hike and Bike Trail will be available for access by the public. No part of the Hike and Bike Trail as such term is used herein is required to be within the gated area of the residential community. viii.“Net acreage” or “net acres” means gross land area less any: 1.Land located within a floodplain or special flood hazard area as designated by the Federal Emergency Management Agency on its Flood Hazard Boundary Map and Flood Insurance Rate Maps, or the Department of Housing and Urban Development, Federal Insurance Administration, Special Flood Hazard Area Maps. 2.Right-of-way dedicated for major thoroughfares. 3.Required parkland dedication. 4.Detention. 5.Land used for non-residential purposes. Notwithstanding the foregoing, net acreage or net acres may include the following: o Private open space. o Park dedication in excess of minimum park dedication requirements. o Detention ponds that contain a constant water level, are landscaped, or otherwise treated as an amenity for the development, as determined by the Development Services Director. ix.“Outdoor Grilling Station” means a set of tools and/or equipment for grilling or cooking and preparing food outdoors. It typically will include one or more grills and related counter space. x.“Pavilion” means a usually open, covered structure in a garden, open space, or place of recreation that is used for entertainment or shelter. xi.“Pocket Park” means a small, outdoor park or open space area. xii.“Pond” means a small, still, land-based body of water formed by pooling inside a depression, either naturally or artificially. xiii.“Putting Green” means a small area of short grass or turf on which people can hit golf balls into a series of holes for entertainment or for practice. DEVELOPMENT REGULATIONS – Page 3 Page 462 Item 16. DEVELOPMENT REGULATIONS – Page 4 xiv.“Sports Court” means a court or hardscape area designed for athletic or recreational purposes (e.g., such as a full or half basketball court, tennis court, or pickleball court, etc.) surrounded by fencing or on a standalone pad. A half basketball court counts as one sports court. xv.“Utility Distribution Facility” means a structure or facility used to deliver utilities from their source to consumers. These facilities can include without limitation pipelines, wires, a lift station and/or other equipment. 3.Uses. a)The following uses are permitted by right within the East Tract: 1.Model home; 2.Private Street Development1; 3.Single-Family Dwelling, Detached; 4.Accessory Building; 5.Homebuilder Marketing Center; 6.Home Occupation; 7.Household Care Facility; 8. House of Worship; 8.9. Municipal Uses Operated by the Town of Prosper; 9.10. Park or Playground; 10.11. Private Recreation Center; 11.12. School, Public; 12.13. Antenna and/or Antenna Support Structure, Non-Commercial; 13.14. Private Utility, Other Than Listed; 14.15. Wireless Communications and Support Structures less than 15 feet in height; and 15.16. Child Care Center, Home; . 17. Golf Course and/or Country Club. ii.Incidental Uses – including, but not limited to Amenity Centers, Community Pools, Gazebos, Pavilions, Sports Courts, Putting Greens, frisbee or disc golf course, and Ponds. b)The following uses are permitted by Specific Use Permit (SUP) within the East Tract: i.Child Care Center, Licensed. ii.Wireless Communications and Support Structures 15 feet or greater in height. iii.Utility Distribution Facility. c)The following uses are permitted by right within the West Tract: 1 Use is permitted subject to compliance with conditional development standards or limitations in the corresponding numeric end note in Article 3, Division 1, Permitted Uses and Definitions, Section 3.1.4, Conditional Development Standards of the Zoning Ordinance. Page 463 Item 16. DEVELOPMENT REGULATIONS – Page 5 1.Model home; 2.Accessory Building; 3.Homebuilder Marketing Center; 4.Home Occupation; 5.Household Care Facility; 6. House of Worship; 6.7. Municipal Uses Operated by the Town of Prosper; 7.8. Park or Playground; 8.9. Private Recreation Center; 10. School, Public; 9.11. Antenna and/or Antenna Support Structure, Non-Commercial; 10.12. Private Utility, Other Than Listed; 11.13. Wireless Communications and Support Structures less than 15 feet in height; 14. Golf Course and/or Country Club. 12.15.Single Family Dwelling, Detached Active Adult Community. “Active Adult Community” shall mean Single Family Dwelling, Detached that may be marketed and/or designed as a planned community primarily for residents who have retired from an active working life. A residential development that contains the West Tract Required Amenities will be considered a community designed primarily for residents who have retired from an active working life. Homeownership and/or occupancy on all or a portion of the lots within the West Tract may be limited to certain qualified ages, and may include without limitation Single Family Dwelling, Detached age restricted to residents 55 years of age and older. By way of example and not limitation, this use may include an age qualified community that restricts all lots to certain qualified ages, or may restrict a certain percentage of the lots to one or more qualified age(s). Any restrictions limiting the age(s) of any resident(s) (and any exceptions to such limitations) shall be contained within private Covenants, Conditions and Restrictions for the West Tract as this PD Ordinance does not provide any such regulations, just an allowance for an age qualified community to be developed. 13.16. Private Street Development is allowed by right.2 14.17. Incidental Uses – including, but not limited to Amenity Centers, Community Pools, Recreation Centers, food trucks, 2 Private Street Development is allowed by right within the West Tract pursuant to this PD and is excluded from the requirement for a Specific Use Permit in the Zoning Ordinance. Page 464 Item 16. Gazebos, Pavilions, Sports Courts, Putting Greens, frisbee or disc golf course, and Ponds. (a)An Amenity Center may include but is not limited to the following uses: (i)Office, business center or co-working space, a café, a kitchen and/or catering kitchen, clubroom, fitness center, conference rooms, locker room or changing room with or without shower facilities, lounge, storage areas, restroom facilities, social gathering areas. (ii)Storage of equipment (such as but not limited to physical therapy, medical equipment, and pool equipment). (iii)Administrative, Medical, or Professional Office is allowed as an accessory use as part of an Amenity Center in a Single Family Dwelling, Detached Active Adult Community. (b)Examples of food trucks (an allowed incidental use within the West Tract) are included with the Inspirational Images attached as Exhibit H. Food trucks or food truck stations are not required to exactly match the images or design included with Exhibit H, rather Exhibit H provides some examples of what this use may look like. d)The following uses are permitted by Specific Use Permit (SUP) within the West Tract: i.Wireless Communications and Support Structures 15 feet or greater in height. ii.Utility Distribution Facility. 4.Maximum Overall Density. a)Maximum Permitted Density for the entire property (including both the East Tract and the West Tract): 800 dwelling units, which may be a mix of the lot types defined herein. There is no minimum number of dwelling units per acre. Notwithstanding the proposed locations of lots and lot types as shown on the Concept Plan, the developer may change the location of lots and/or lot types and relocate lots/ lot types and such amendments to the Concept Plan will be approved by the Development Services Director so long as: (i) the total number of dwelling units located on the property is not more than 800 dwelling units, and (ii) the Concept Plan otherwise complies with the requirements herein. 5.Development Regulations for the East Tract. DEVELOPMENT REGULATIONS – Page 6 Page 465 Item 16. DEVELOPMENT REGULATIONS – Page 7 Eight feet; 15 feet on corner adjacent to side street. n/a Minimum Rear Yard n/a 25 feet SF-10 Base District 25 feet 25 feet 25 feet Minimum Front Yard Type B Lots Minimum Lot Area 30 feet 12,500 square feet 12,500 square feet 30 feet 10,000 square feet 10,000 square feet 25 feet Minimum Lot Width 25 feet 80 feet Min. or Max. # of lot type (if applicable) 80 feet 80 feet SF-12.5 Base District 75 feet Minimum Side Yard n/a Minimum Lot Depth Eight feet; 15 feet on corner adjacent to side street. 135 feet a)Type A Lots: “Type A Lots” shall be considered any lots within the East Tract with a lot width of 80’ or greater. Except as otherwise provided herein, Type A Lots shall comply with the requirements and regulations for the Single Family-12.5 District of the Town’s Zoning Ordinance., subject to the following changes: i.Minimum Enclosed Parking (Garage) Area: 600 square feet. b)Type B Lots: “Type B Lots” shall be considered any lots within the East Tract with a lot width of less than 80’. Except as otherwise provided herein, Type B Lots shall comply with the requirements and regulations for the Single Family-10 District of the Town’s Zoning Ordinance, subject to the following changes: i.Minimum Lot Width: 75 feet. ii.Minimum Enclosed Parking (Garage) Area: 600 square feet. c)At least 100 lots within the East Tract will be Type A Lots. The maximum number of dwelling units within the East Tract is 275. d)At least ten percent (10%) of all lots within the East Tract (calculated based on the aggregate of all lots within the East Tract within all phases rather than on a phase by phase basis) will have a lot area of at least 20,000 square feet. e)d)Please see Table 1 below for a summary of the development standards for the East Tract. In the event of a conflict between Table 1 and the text in Section 5(a)-(cd) above, the text in Section 5(a)-(cd) above shall control. Table 1 135 feet Eight feet; 15 feet on corner adjacent to side street. 125 feet At least 100 within the East Tract 125 feet Eight feet; 15 feet on corner adjacent to side street. Type A Lots Page 466 Item 16. DEVELOPMENT REGULATIONS – Page 8 n/a Two and a half stories, no greater than 40 feet. At least 100 within the West Tract 1,800 square feet n/a Two and a half stories, no greater than 40 feet. A maximum of 225200 within the West Tract Minimum Enclosed Parking (Garage) Area Two and a half stories, no greater than 40 feet. Minimum Front Yard 25 feet 25 feet 400 square feet 25 feet Maximum Lot Coverage 25 feet 1,800 square feet 45 percent Minimum Side Yard 400600 square feet Eight feet; 15 feet on corner adjacent to side street. 45 percent Eight feet; 15 feet on corner adjacent to side street. Eight feet; 15 feet on corner adjacent to side street. 45 percent Eight feet; 15 feet on corner adjacent to side street. 400 square feet 45 percent Minimum Rear Yard 1,800 square feet 25 feet 6.Development Regulations for the West Tract a)Except as otherwise provided herein, Type C Lots, Typ e D Lots and Typ e E Lots (as defined herein) shall comply with the requirements and regulations for the Single Family-10 District of the Town’s Zoning Ordinance. b)Type C Lots: “Type C Lots” shall be considered any lots within the West Tract with a lot width of 75 feet or greater. Typ e C Lots shall be developed to the standards in Table 2 for Type C Lots. c)Type D Lots: “Type D Lots” shall be considered any lots within the West Tract with a lot width of at least 65 feet, but less than 75 feet. Type D Lots shall be developed to the standards in Table 2 for Type D Lots. d)Type E Lots: “Type E Lots” shall be considered any lots within the West Tract with a lot width of at least 55 feet, but less than 65 feet. Type E Lots shall be developed to the standards in Table 2 for Type E Lots. Table 2 25 feet 25 feet 400600 square feet 25 feet Minimum Dwelling Area Minimum Lot Area SF-10 Base District 10,000 square feet 10,000 square feet Type C Lots 8,800 square feet 1,800 square feet 7,500 square feet Type D Lots Maximum Height Minimum Lot Type E Lots 80 feet 75 feet 65 feet Two and a half stories, no greater than 40 feet. 55 feet Min. or Max. # of lot type (if applicable) Page 467 Item 16. DEVELOPMENT REGULATIONS – Page 9 1,550 square feet Minimum Lot Depth Minimum Enclosed Parking (Garage) Area 125 feet 400 square feet 400 square feet 125 feet 400 square feet Width 400 square feet 125 feet Maximum Height 125 feet Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Two and a half stories, no greater than 40 feet. Minimum Dwelling Area Maximum Lot Coverage 1,800 square feet 45 percent 45 percent 2,000 square feet 45 percent 45 percent 1,800 square feet e)No more than 225200 lots within the West Tract may be Typ e E Lots. At least 100 of the lots within the West Tract are required to be Typ e C Lots. The maximum number of dwelling units within the West Tract is 525. f)Article 4, Division 9, Section 4.9.3.F. of the Zoning Ordinance regarding staggered front yard setbacks does not apply. No staggered front yard setback is required; however, lot types (i.e., Type C, Typ e D and Type E) will be inter-mixed on each street on a block, so that each street has at least two lot types. Inter-mixing of lot typ es will result in a staggering of different home product types rather than staggering the setbacks to create visual interest on a street or block. Lot typ es will be mixed so that one side of a street is not identical (e.g., does not mirror) the opposite side of the street. For example, if one side of the street consists of ten (10) Type C Lots and ten (10) Type D Lots, then the opposite side of the street must have either a different number of Type C and Type D Lots or should include Type E Lots so that one side of the street does not exactly match the opposite side of the street. By way of clarification, the requirement to inter-mix lot types on a block or street does not prevent two of the same lot type being adjacent to each other on a street; rather the requirement is that more than one lot type will be provided on a block or street. Examples of how lot types may be inter-mixed is shown on Exhibit D and Exhibit D-1 attached. Streets/ blocks are not required to conform exactly to Exhibit D and/or Exhibit D-1; rather, Exhibit D and Exhibit D-1 are meant to show a graphic depiction of how lot types may be inter-mixed along a street or block. g)A Single Family Dwelling, Detached Active Adult Community may be gated and separated from the surrounding communities along the perimeter subject to Section 7(d) herein, Screening and Fencing. h)Internal to a Single Family Dwelling, Detached Active Adult Community there shall be connectivity throughout with access points to surrounding neighborhoods or trails. i)Private Street Development. i.The proposed streets shall be privately owned, maintained, and regulated by the applicable homeowners’ association. Storm drainage for private Page 468 Item 16. streets shall also be maintained by the applicable homeowners’ association. ii.The property owner or developer will dedicate water and sewer easements to the Town within or adjacent to the streets in order for the development to be connected to the Town water and sewer systems. iii.Otherwise, private streets shall be constructed in accordance with the requirements for private streets and gated subdivisions contained in Section 10.03.134 of Chapter 10, Article 3, Division 6 of the Code of Ordinances, Town of Prosper, Texas. 7.General Development Regulations a)Architectural Regulations: i.Dwelling units shall be in general conformance with one of the home styles shown in the renderings included with Exhibit F, with regard to design. Materials shall be governed by subsection (a)(ii) below. Otherwise stated, building materials are not required to match what is shown on Exhibit F; rather, building material(s), including without limitation color palettes or typ es of materials may consist of any of the materials allowed in subsection (a)(ii) herein, subject to the requirements in that section. The property owner or developer shall submit building elevations with the application for a building permit. The Town will approve the building elevations if they substantially conform to the requirements of this subsection (a)(i) and subsection (a)(ii) below. The architectural styles depicted on Exhibit F are an example of the different styles that homes must be in general conformance with (e.g., each separate home will be in general conformance with one of the styles shown). Building elevations are not required to exactly match or be the same color palette as what is shown on Exhibit F so long as they are in general conformance with one of the styles on Exhibit F. The applicant may submit alternate/different elevations that do not comply with the requirements of this subsection (a) (e.g., are a different style/design than Exhibit F or deviate from subsection (a)(ii)) and such alternate elevations may be approved by the Development Services Director, except that any elevations that differ by more than ten percent (10%) from the percentages required pursuant to subsection (a)(ii) herein will require review by the Planning & Zoning Commission and approval by the Town Council. ii.The exterior facades of a main building or structure, excluding windows, doors and area above the roof line shall comply with the following requirements: 1.The exterior facades shall be constructed of 100 percent (100%) masonry, unless otherwise specified herein. 2.Cementitious fiber board is considered masonry, but may only constitute: DEVELOPMENT REGULATIONS – Page 10 Page 469 Item 16. DEVELOPMENT REGULATIONS – Page 11 (a)For the front façade of any home: Up to fifty percent (50%) of stories other than the first story on the front façade of a residential home3, except for the modern farmhouse and craftsman styles as noted below. Cementitious fiber board may be used as a façade cladding material for portions of upper stories on the front façade of a home that are in the same vertical plane as the first story so long as the home generally complies with one of the architectural styles included with Exhibit F; and (b)For the side and rear facades of any home: Up to twenty percent (20%) of all stories on the side and rear facades of a residential home (e.g., eaves, soffits, and rear gables above the first floor). 3.Unless an alternate material is approved by the Development Services Director, any portion of an upper story, excluding windows, architectural features or area above the roof line, that faces Parvin Road or Frontier Parkway shall be 100 percent (100%) masonry and shall not be comprised of cementitious fiber board except for eaves, soffits, and rear gables (which may be comprised of cementitious fiber board). 4.Unless an alternate material is approved by the Development Services Director, any portion of an upper story, excluding windows, architectural features or area above the roof line, that faces and fronts on public or private open space, public or private parks, or the Hike and Bike Trail, shall be 100 percent masonry and may be comprised of cementitious fiber board subject to the limitations in Section 7(a)(ii)(2) above. 5.Unless an alternate material is approved by the Development Services Director, the exterior cladding of chimneys shall be brick, natural or manufactured stone, or three coat stucco. 6.Notwithstanding any limitation above, for modern farmhouse and craftsman style homes, cementitious fiber board is considered masonry, and may constitute up to eighty percent (80%) of stories other than the first story on the front façade of a residential home. The modern farmhouse and craftsman style homes are shown in the renderings included with Exhibit F. 7.Notwithstanding any limitation above, cementitious fiber board may be used for architectural features, including window box-outs, 3 For clarification, up to 100 percent (100%) of the first story on the front façade of any residential home may be cementitious fiberboard. Page 470 Item 16. gables, bay windows, roof dormers, garage door headers, columns, exposed sidewalls/gable ends above lower roofs, exposed rafter tails, or other architectural features approved by the Development Services Director. 8.Masonry Construction means clay fired brick, natural and manufactured stone, granite, marble, three-coat stucco, and cementitious fiber board (subject to the limitations in this section) as exterior construction materials for all residential structures. Three-coat stucco means stucco applied using a three-step process over diamond metal lath mesh to a minimum of seven-eighths of an inch thickness or by other process producing comparable cement stucco finish with equal or greater strength and durability specifications. iii.An applicant may appeal any denial by the Development Services Director to a request for approval of an alternate material (as noted above) to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. iv.The primary massing of the roof on the main residential building shall have a minimum slope of 6:12. Accessory roof structures (including, but not limited to garages) and architectural features shall have a minimum slope of 1.25:12. v.Roof material shall be standing seam copper,metal roof or standing seam metal, natural slate shingles, imitation slate shingles, cementitious tile, or composition 30-year laminated shingles or other approved roof materials. “Other approved roof materials” mean roof materials other than listed herein that are approved by the Development Services Director. By way of clarification, roofing or roof materials are not required to match what is shown on Exhibit F hereto; rather, roof material may consist of any of the materials listed in this subsection. vi.The requirements in this section shall apply in lieu of any exterior construction, building materials or design requirements in the Town’s Zoning Ordinance and shall be the exclusive exterior construction, building materials, and design requirements that apply to the development of the property. b)All homes shall have a covered porch, stoop, or portico at the main front entry into the home. c)Driveway Pavement Enhancements: i.All driveways for single-family homes will be broom finished concrete; salt finish concrete; stained-patterned concrete; or brick, stone or inter-locking pavers. DEVELOPMENT REGULATIONS – Page 12 Page 471 Item 16. d)Screening and fencing. i.Screening and fencing may be provided generally as shown on the Open Space and Trail Plan. ii.The area labeled as “Minimum 50% Open Fencing” along portions of Parvin Road and Frontier Parkway on the Open Space and Trail Plan (the “Perimeter Fence”) will be constructed with at least fifty (50%) ornamental metal or tubular steel, with masonry columns and will be a minimum height of six feet and a maximum height of eight feet (except for columns which may be up to nine feet). The Perimeter Fence may include masonry materials so long as less than 50% of the total fence is masonry. The following requirements apply for the Perimeter Fence: 1.Masonry columns shall be spaced between 75 feet and 100 feet. 2.The maximum height of the masonry columns, including capstones, shall be nine feet. 3.The minimum height of required walls and fences shall be measured from the nearest alley edge, the property line (where no alley exists) or sidewalk grade, whichever is higher, and shall be constructed in accordance with town design standards. 4.The ornamental metal fence shall be constructed of solid-stock materials and tubular steel with a minimum of 16 gauge pickets and 11 gauge posts. e)Trees on Corner Lots. i.A minimum of one tree from the large tree list in Section 4.2.7 of the Zoning Ordinance shall be planted in the side yard area adjacent to the street on a corner lot. When more than two trees are required per lot, the corner lot, side yard tree may count toward the requirement. Street trees (trees located in the parkway area between the curb and the sidewalk) adjacent to the side yard of a corner lot may count toward the requirement. 8.Open Space and Amenities a)East Tract Open Space: Open space shall be provided generally in the areas shown as “open space” on the Open Space and Trail Plan. The open space within the East Tract is not required to conform exactly to the boundaries as shown on the Open Space and Trail Plan, so long as at least 30 acres of open space is provided within the East Tract (such minimum open space acreage refers to open space within the aggregate, including all phases and all open space areas within the East Tract – the open space is not required to be contiguous). b)West Tract Open Space: Open space shall be provided generally in the areas shown as “open space” on the Open Space and Trail Plan. The open space within the West Tract is not required to conform exactly to the boundaries as shown on the Open Space and Trail Plan, so long as at least 20 acres of open space is provided within the West Tract (such minimum open space acreage refers to open space within the aggregate, including all phases and all open space areas within the West Tract – the open space is not required to be contiguous). DEVELOPMENT REGULATIONS – Page 13 Page 472 Item 16. c)Detention and retention may be provided in open space areas. d)Open space areas may include area within the floodplain or special flood hazard area. e)In order for an open space area to be counted towards the minimum 30 acre requirement for the East Tract (referenced above) and the minimum 20 acre requirement for the West Tract (referenced above), a given open space area must be (1) at least 10,000 square feet in size; and (2) have a minimum width of at least 40 feet. f)The following amenities are required to be installed within the East Tract and may be installed in open space areas or common areas (“East Tract Required Amenities”): i.A resident amenity area that includes a swimming pool, shade structure(s) totaling a minimum of 300 square feet, seating areas or a pool deck, and restroom facilities (the “East Amenity Area”). ii.At least one pocket park with a playground having a minimum of 40’ x 29’ use zone. iii.At least three (3) of the following: 1.Sports court; 2.Fishing pier; 3.Event lawn; 4.Game lawn; 5.Fire Pit Amenity; 6.Outdoor Grilling Station; 7.Putting Green; or 8.Pavilion. g)The following amenities are required to be installed within the West Tract and may be installed in open space areas or common areas (“West Tract Required Amenities”, and together with the East Tract Required Amenities, the “Required Amenities”): i.An Amenity Center or clubhouse including at a minimum a resident lounge area or social area, fitness center, and restrooms (the “West Amenity Center”). ii.A swimming pool with shade structure(s) totaling a minimum of 300 square feet and seating areas or a pool deck. iii.At least three (3) of the following amenities (“Elective West Tract Amenities”): 1.Pavilion with Outdoor Grilling Station; 2.Bocce ball court; 3.Sports Court; 4.Shuffleboard court or table; 5.Fire Pit Amenity; 6.Putting Green; 7.Outdoor spa; 8.Game Lawn; or 9.Event Lawn. DEVELOPMENT REGULATIONS – Page 14 Page 473 Item 16. h)An example of representative photographs of the Elective West Tract Amenities is included with Exhibit H (“Inspirational Images”). For the avoidance of doubt, the design of the amenities is conceptual in nature and the developer or property owner shall not be held to the design of an amenity as shown on Exhibit H. The Inspirational Images are meant to illustrate the typ es of amenities that will be provided, but the developer or property owner may use a different supplier, design and/or model for the amenities or improvements. Otherwise stated, the developer may make changes to the design and specifications of the Elective West Tract Amenities shown on Exhibit H so long as at least three (3) of the Elective West Tract Amenities are provided within the West Tract. i)h)The location of any one or more of the Required Amenities may change during the final design process from what is shown on any exhibits attached hereto. Additional amenities may be provided in addition to the Required Amenities. j)i)The Required Amenities may be completed in phases (corresponding with the respective phases of development as determined by the developer). The East Amenity Area shall be complete prior to issuance of a certificate of occupancy for the 138th single-family home within the East Tract. The West Amenity Center shall be complete prior to issuance of a certificate of occupancy for the 263rd single-family home within the West Tract. The remaining Required Amenities shall be completed prior to the issuance of the last certificate of occupancy in the phase in which the respective amenity is located within. Completion of the Required Amenities, or any one of them shall not be a condition to issuance of building permits or approval of plats or construction plans. k)j)The open space, amenities and trails requirements in this section and Section 9 below shall be the exclusive open space, amenities and trails requirements that apply to the development of the property. 9.Trails and Sidewalks i.A Hike and Bike Trail shall be provided generally as shown in yellow and labeled as the “Public Trail” on the Open Space and Trail Plan. By way of clarification, the Hike and Bike Trail referenced herein does not include any of the trails shown as “Public Trail Installed by Others” on the Open Space and Trail Plan. The Hike and Bike Trail shall be located within a twenty-foot (20’) public trail easement or pedestrian access easement and may overlap with other Town easements as approved by the Town’s Engineering Department. A dog waste station, bench, and trash receptacle will be provided at least every 500 feet along the Hike and Bike Trail. The Hike and Bike Trail is flexible and not strictly bound to the locations shown on the Open Space and Trail Plan. The Hike and Bike Trail may shift or otherwise be modified with the final engineering design so long as the trail complies with the requirements herein. The Hike and Bike Trail may be completed in phases and is required to be completed (and a public easement for such portion(s) of the trail dedicated) prior to the issuance of the last certificate of occupancy in the phase in which the respective portion(s) of the Hike and Bike Trail are located within or adjacent to. The developer or property owner may designate the phases of the development. DEVELOPMENT REGULATIONS – Page 15 Page 474 Item 16. ii.Private trails are not required to be within a dedicated easement and may overlap with other Town easements. iii.The developer or property owner may (1) provide one or more of the following along or at the entrance to private trails: trail heads, trail way stations, overlooks, butterfly gardens and/or other types of trail enhancements; and (2) reserve or restrict the use of such areas for residents, each in its discretion. Examples of these types of trail enhancements are included on the pages titled “Walking/ Fitness Trails” and “Nature Overlooks & Butterfly Gardens” in Exhibit H. For the avoidance of doubt, the design of any trail heads, trail way stations, overlooks or other trail enhancements is conceptual in nature and the developer or property owner shall not be held to the designs or types of such items as shown on Exhibit H. The Inspirational Images are meant to illustrate the typ es of trail enhancements that may be provided, but the developer or property owner may use a different design or typ e of enhancement or improvement(s). iv.iii.Except as provided herein, sidewalks shall be a minimum of five feet (5’) in width. Sidewalks along Parvin Road and Frontier Parkway shall be a minimum of six feet (6’) in width. 10.Miscellaneous a)Building permits for model homes may be issued prior to the final acceptance of the proposed subdivision (or any portion thereof) or any public infrastructure for the subdivision, subject to the Town’s Early Model Home Permit Policy; provided that two homes per lot typ e (i.e., two each of Lot Typ e A, Lot Typ e B, Lot Type C, Lot Typ e D and Lot Typ e E) may be permitted for model home purposes and such permits shall not be limited to two homes per builder. b)Permits and a certificate of occupancy for a Sales Trailer may be issued prior to final acceptance of the proposed subdivision (or any portion thereof) or any public infrastructure for the subdivision; provided that all streets adjacent to the Sales Trailer have been completed and the water sys tem and fire hyd rants related thereto have been completed and are functional. “Sales Trailer” means a mobile structure used to accommodate temporary offices for the purposes of meeting with the general public during construction projects. c)Plans for design and construction of any amenities, including without limitation any of the Required Amenities may be submitted and reviewed/approved by the Town while public infrastructure for the subdivision is being constructed (i.e., such plans may be submitted and approved prior to acceptance of public infrastructure or recording of a final plat). If such plans are submitted, once submitted, the City will review and approve such plans within 45 days of submittal. Once any amenity plans are approved and sufficient roads and water facilities have been provided within the subdivision to provide fire access and fire fighting capability to the area where the applicable amenity or amenities will be constructed, the Town will issue a permit that will allow the applicant to begin construction of any such amenities (i.e., construction of such amenities may begin DEVELOPMENT REGULATIONS – Page 16 Page 475 Item 16. DEVELOPMENT REGULATIONS – Page 17 prior to acceptance of all public infrastructure for the subdivision or recording of a final plat). Page 476 Item 16. 0 Table Insert Changes: 0 Table Delete 0 Add Intelligent Table Comparison: Active Table moves to 58 0 Summary report: Litera Compare for Word 11.11.0.158 Document comparison done on 7/24/2025 5:04:32 PM Table moves from 0 Delete Embedded Graphics (Visio, ChemDraw, Images etc.) 42 0 Original DMS: nd://4880-6435-7609/25/Development Regulations_Prosper Oaks.docx Embedded Excel 0 Move From Format changes 0 0 Total Changes: Modified DMS: nd://4880-6435-7609/30/Development Regulations_Prosper Oaks.docx 100 Move To Style name: Standard Page 477 Item 16. 5605655705755805855905955955555555605655655 6 5 5 7 05755 8 0585590595600 550555560 565570575580585590595600 545545545550555560565570570570575580585590 545545545550555560565570575 560 565570575580 555560 565 570 575 560560560560565570575FARM ROAD 1385 CRUTCHFIELDDR.PARVIN ROAD BRYAN ROAD FRONTIER PARKWAY D E N T O N W A Y EMERGENCY ACCESS (FOR FUTURE STREET CONNECTION) FEMA FLOOD PLAIN AMENITY CENTER ELECTRIC EASEMENT EXISTING DRAINAGE CHANNEL OFFSITE ACCESS EASEMENT EXISTING TREE LINE EXIT ONLY GATE: GATED ENTRY TO MEET TOWN STANDARDS GATED ENTRY TO MEET TOWN STANDARDS AMENITY CENTER EMERGENCY ACCESS (FOR FUTURE STREET CONNECTION) EMERGENCY ACCESS ONLY (Design and arrangement of the Emergency Access is subject to FIRE and ENG review and approval) FRESHWATER POND West Property Summary Parvin Rd. / Frontier Pkwy. ROW 1.1 0.6% Existing Electric Easement 4.0 2.1% FEMA Flood Plain 10.9 5.7% Open Space 25.4 13.3% Amenity Center: West 4.5 2.3% Residential Area 145.7 76.0% Total 191.7 Overall Lot Summary Type E Lots 198 26.5% Type D Lots 174 23.3% Type C Lots 121 16.2% Type B Lots 147 19.7% Type A Lots 107 14.3% Total Lots 747 East Property Summary Parvin Rd. / Frontier Pkwy. ROW 9.1 5.0% Existing Electric Easement 0.0 0.0% FEMA Flood Plain 42.0 23.1% Open Space 31.3 17.2% Amenity Area: East 2.1 1.2% Residential Area 97.3 53.5% Total 181.8 East Lot Summary Type B Lots 147 57.9% Type A Lots 107 42.1% Total Lots 254 West Lot Summary Type E Lots 198 40.2% Type D Lots 174 35.3% Type C Lots 121 24.5% Total 493 DWG NAME K:\FRI_CIVIL\FRISCO SINGLE FAMILY PURSUITS\_2024\2024064 - PROSPER OAKS\CAD\EXHIBITS\PLANSHEETS\PO-CP.DWG LAST SAVED 6/2/2025 8:51 AM, BY:HAWLEY, DREW Prosper Oaks Prosper, Texas 400 North Oklahoma Drive, Suite 105 Celina, TX 75009 P 469-501-2200 State of Texas Registration No. F-928 CONCEPT PLAN June 2025 B/C CL 25'BL PL55' (MIN.) 8.0'8.0'15'BL25.0'15.5'ROW 25' RYSB 65' (MIN.) 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 75' (MIN.) 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 85' (MIN.) 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 25'BL 25'BL 30'BL 25' RYSB 25' RYSB 25' RYSB 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 25'BL 25' RYSB 75' (MIN.)125' (MIN.)125' (MIN.)125' (MIN.)125' (MIN.)125' (MIN.)EAST AREA WEST AREA GRAPHIC SCALE IN FEET 0 150 300 600 1"=300'@ 22x34 EAST AREA WEST AREA TYPE E LOT TYPE D LOT TYPE C LOT TYPE A LOT TYPE B LOT Page 478 Item 16. 50' ROW 25' SETBACK25' SETBACK 31' B-B50'31'25'25'76' LOT (TYPE "C") 76' LOT (TYPE "C") 66' LOT (TYPE "D") 66' LOT (TYPE "D") 56' LOT (TYPE "E") 56' LOT (TYPE "E") 66' LOT (TYPE "D") 66' LOT (TYPE "D") 56' LOT (TYPE "E") 56' LOT (TYPE "E") 76' LOT (TYPE "C") 76' LOT (TYPE "C") A SECTION A-A A 5' FOR J-SWING FRONT SETBACK RIGHT OF WAY CENTERLINE DWG NAME K:\FRI_CIVIL\FRISCO SINGLE FAMILY PURSUITS\_2024\2024064 - PROSPER OAKS\CAD\EXHIBITS\PLANSHEETS\ZONING EXHIBITS\PO-MODELMIX.DWG LAST SAVED 2/12/2025 5:22 PM, BY:HAWLEY, DREW Prosper Oaks Prosper, Texas 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 P 972-335-3580 State of Texas Registration No. F-928 Prosper, Texas NOTE: 1. FOOTPRINTS ARE CONCEPTUAL AND MAY BE REVISED BEFORE PERMITS ARE APPLIED FOR. DESIRED 5%-8% DRIVEWAY SLOP E DESIRED 5%-8% DRIVEWAY SLOPE Exhibit D-1 Page 479 Item 16. Exhibit E: Development Schedule ZONE-24-0022 Prosper Oaks Development Schedule It is anticipated the development of Prosper Oaks will begin within one to two years after approval and signing of this Planned Development zoning ordinance. Immediately following the zoning process, a preliminary plat and development agreement shall be prepared and submitted for Town review and approval. Overall, the development schedule for the approximate 373.5 acres will be phased over the next five to eight years and is primarily dependent on the marketability of the market rate and age qualified products. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Page 480 Item 16. Exhibit F – Architectural Styles (ZONE-24-0022) TRANSITIONALTUDOR HIGH PLAINS MODERN FARMHOUSE Page 481 Item 16. Exhibit F – Architectural Styles (ZONE-24-0022) CLASSIC CHATEAU MEDITERRANEAN HILL COUNTRY Page 482 Item 16. Exhibit F – Architectural Styles (ZONE-24-0022) SPANISH MISSION CRAFTSMANTRADITIONAL Page 483 Item 16. 5605655705755805855905955955555555605655655 6 5 5 7 05755 8 0585590595600 550555560 565570575580585590595600 545545545550555560565570570570575580585590 545545545550555560565570575 560 565570575580 555560 565 570 575 560560560560565570575FARM ROAD 1385 CRUTCHFIELDDR.PARVIN ROAD BRYAN ROAD FRONTIER PARKWAY N O L E S R O A D FEMA FLOOD PLAIN AMENITY CENTER 70' ELECTRIC EASEMENT EXISTING DRAINAGE CHANNEL OFFSITE ACCESS EASEMENT EXISTING TREE LINE EXIT ONLY GATE GATED ENTRY GATED ENTRY AMENITY AREA EMERGENCY ACCESS GATE EMERGENCY ACCESS GATE TRAIL UNDERPASS TRAIL CONNECTION TO WINDSONG RANCH TRAIL CONNECTION TO WINDSONG RANCH VIA FUTURE BRIDGE (TO BE INSTALLED BY OTHERS) POCKET PARK EAST TRACT WEST TRACT FISHING PIER EXISTING DOE BRANCH TRAIL Property Summary Perimeter Rights of Way (ROW)10.2 2.7% Existing Electric Easement 4.0 1.1% FEMA Flood Plain 52.9 14.2% Open Space 56.7 15.2% Amenity Area: East 2.1 0.6% Amenity Center: West 4.5 1.2% Residential Area 253.7 67.9% Total 373.5 Density Summary Gross 2.0 West Lot Summary Type E Lots 198 40.2% Type D Lots 174 35.3% Type C Lots 121 24.5% Total 493 East Lot Summary Type B Lots 147 57.9% Type A Lots 107 42.1% Total Lots 254 Density Summary Gross 2.0 Overall Lot Summary Type E Lots 198 26.5% Type D Lots 174 23.3% Type C Lots 121 16.2% Type B Lots 147 19.7% Type A Lots 107 14.3% Total Lots 747 DWG NAME K:\FRI_CIVIL\FRISCO SINGLE FAMILY PURSUITS\_2024\2024064 - PROSPER OAKS\CAD\EXHIBITS\PLANSHEETS\ZONING EXHIBITS\OPEN SPACE EXHIBIT.DWG LAST SAVED 6/2/2025 8:50 AM, BY:HAWLEY, DREW Prosper Oaks Prosper, Texas 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 P 972-335-3580 State of Texas Registration No. F-928 OPEN SPACE & TRAIL PLAN EXHIBIT G: LANDSCAPE, ZONE-24-0022 June 2025 B/C CL 25'BL PL55' (MIN.) 8.0'8.0'15'BL25.0'15.5'ROW 25' RYSB 125' (MIN.)85' (MIN.) 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 30'BL 25' RYSB 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 25'BL 25' RYSB 75' (MIN.)125' (MIN.)125' (MIN.)65' (MIN.) 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 25'BL 25' RYSB 125' (MIN.)75' (MIN.) 8.0'8.0'15'BL25.0'15.5'B/C CL PL ROW 25'BL 25' RYSB 125' (MIN.)NOTES: 1.THIS PLAN IS CONCEPTUAL IN NATURE AND MAY HAVE BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY OR CONTACT WITH THE CITY, COUNTY, ETC. 2.FLOOD PLAIN SHOWN IS SUBJECT TO CHANGE BASED ON A MORE DETAILED FULLY DEVELOPED FLOOD STUDY ANALYSIS. 3.AERIAL IMAGE BY NEARMAP, COPYRIGHT 2025. 4.TRAIL ALIGNMENTS ARE CONCEPTUAL. FINAL ALIGNMENTS TO BE DETERMINED AT TIME OF FINAL CONSTRUCTION PLANS. 5.SIDEWALK CONNECTIONS TO THE TRAIL WITHIN THE AGE QUALIFIED SECTION SHALL BE GATED. GRAPHIC SCALE IN FEET 0 150 300 600 1"=300'@ 22x34 TRAIL LEGEND PUBLIC TRAIL PUBLIC TRAIL INSTALLED BY OTHERS EXISTING TRAIL FENCE LEGEND DECORATIVE METAL FENCE BOARD-ON-BOARD WOOD FENCE EAST TRACT WEST TRACT MINIMUM 50% OPEN FENCING TYPE E LOT TYPE A LOT TYPE B LOT TYPE E LOT TYPE D LOT TYPE C LOT Page 484 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Pavilions Page 485 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Bocce Page 486 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Event Lawn Page 487 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Game Lawn Page 488 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Fire Pit Amenity Page 489 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Putting Green Page 490 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Sports Court Page 491 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Outdoor Spa Page 492 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Shuffleboard Page 493 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Walking / Fitness Trails Page 494 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Nature Overlooks & Butterfly Gardens Page 495 Item 16. Exhibit H –Inspirational Images (ZONE-24-0022) Food Truck Stations Page 496 Item 16. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), Prosper Oaks LP, a Texas limited partnership (“Owner A”), Mark Carey and Cathi Carey (“Owner B”) and Sammie J. Carey (“Owner C”) to be effective on the latest date executed by a Party (the “Effective Date”). Owner A, Owner B and Owner C are each referred to herein as an “Owner” and collectively as the “Owners”). Each Owner and the Town are referred to herein individually as a “Party” and collectively as the “Parties”. 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, Owner A owns certain real property more particularly described and depicted on Exhibit A-1 attached hereto and incorporated herein by reference for all purposes; and WHEREAS, Owner B owns certain real property more particularly described and depicted on Exhibit A-2 attached hereto and incorporated herein by reference for all purposes; and WHEREAS, Owner C owns certain real property more particularly described and depicted on Exhibit A-3 attached hereto and incorporated herein by reference for all purposes; and WHEREAS, the entirety of the property subject to this Agreement is more particularly described and depicted on Exhibit A attached hereto and incorporated herein by reference for all purposes (the “Property”); and WHEREAS, the Owners are planning to develop or cause the development of one or more projects on the Property, more commonly known as the Prosper Oaks development, which development has previously been approved by the Town or will be approved by the Town substantially concurrent with this Agreement; and WHEREAS, the Property was rezoned by the Town Council as PD-___ pursuant to Ordinance No. ___________ approved by the Town Council on ______ ____, 2025 (as amended, the “PD Ordinance”); and WHEREAS, certain requirements of applicable law enumerated in Chapter 3000 of the Texas Government Code (“Chapter 3000”) call into question the applicability of certain provisions of the PD Ordinance with respect to building materials and aesthetic methods; and WHEREAS, the Parties desire to clarify the applicability of certain terms of the PD Ordinance in order for there to be assurance in the development requirements for the Page 497 Item 16. 2 Property, incorporate agreed upon development standards for building materials and aesthetic methods for residential development of the Property, and recognize Owners’ reasonable investment-backed expectations in the development of the Property, 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. A. Notwithstanding Chapter 3000, the Parties may agree to building materials requirements for the Property pursuant to this Agreement. Therefore, the Parties agree that any residential structure built on the Property following the Effective Date will comply with the requirements contained in Exhibit B, “Building Materials and Architectural Regulations,” attached hereto and incorporated herein, notwithstanding any conflicting provision of Chapter 3000. The Parties agree and acknowledge that the provisions of th is Paragraph 1.A. shall apply to any residential structure constructed subsequent to the Effective Date. The requirements in Exhibit B are the only building materials and aesthetic methods required by the Town for development of the Property. No other building materials, aesthetic methods or architectural requirements shall apply for the development of the Property; therefore, by way of clarification, other building materials and aesthetic methods requirements, including without limitation the provisions contained on Exhibit C, do not apply to development of the Property. B. The Town agrees and confirms that the Property is not a place or area designated by the Town for its historical, cultural, or architectural importance and significance as set forth in Section 3000.002(d) of the Texas Government Code. 2. Weed-Free Landscape Areas. Each Owner agrees to maintain its respective portion of the Property, or establish one or more homeowners association(s) to maintain, all common areas of the Property, excluding floodplain areas, 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 amen ded. Failure to comply with the terms of this Paragraph relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter may result in the Town taking action pursuant to and in accordance with the Town’s Code of Ordina nces and applicable law. 3. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Owners and their heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Page 498 Item 16. 3 Property or any portion thereof hereafter made by any other owners of the Property, regardless of whether this Agreement is expressly referenced therein. 4. Applicability of Town Ordinances. The Property shall otherwise be developed and all structures shall otherwise be constructed in accordance with all applicable Town ordinances and building/construction codes. 5. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If a Party is in default under this Agreement, a non-defaulting 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. 6. 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. 7. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”), shall be given in writing and may be served (i) by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; (ii) by electronic mail; (iii) by delivering the same in person to such party via hand-delivery service that provides a return receipt showing the actual date of delivery of the same to the addressee; or (iv) any overnight courier service such as FedEx that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance with (ii) herewith shall be effective upon receipt at the address of the addressee if received by 5:00 pm CT, otherwise notice shall be effective on the next business day. Notice given in accordance with (iii) and (iv) herewith shall be effective upon receipt at the address of the addressee. Notice given in accordance with (i) herewith shall be effective within three (3) business days of deposit. For purposes of this Agreement, “business day” shall mean a day that is not a Saturday, Sunday or legal holiday in the State of Texas. All other references to “days” under this Agreement shall mean calendar days. For purposes of notification, the addresses of the Parties shall be as follows: If to the Town: The Town of Prosper 250 W. First Street P.O. Box 307 Page 499 Item 16. 4 Prosper, Texas 75078 Attention: Town Manager Email:____________________ If to Owner A: Prosper Oaks LP 826 Mango Court Coppell, TX 75019-4764 Attn: Vijay Borra Email: vijay@dfwland.com If to Owner B: Mark and Cathi Carey PO Box 433 Prosper, TX 75078-0433 Email: mccarey2020@gmail.com If to Owner C: Sammie Carey 401 Navajo Trail Gainesville, TX 76240-9425 Email: mccarey2020@gmail.com Any party may change its address by written notice in accordance with this section. 8. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 9. 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. 10. 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. 11. 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. Page 500 Item 16. 5 12. 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. Each Owner warrants and represents that the individual(s) executing this Agreement on behalf of such Owner, as applicable, has full authority to execute this Agreement and bind such Owner to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 13. 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. 14. Mediation. The Parties shall attempt in good faith to resolve any disagreement or conflict concerning this Agreement, including but not limited to any disagreement or conflict concerning the interpretation of this Agreement. Any Party may initiate negotiations to resolve such a disagreement or conflict by providing written Notice to the other Parties (the “Initial Notice”), setting forth the subject of the conflict and the proposed solution. In the event such disagreement cannot be resolved by the Parties hereto within sixty (60) days of the receiving Party’s or Parties’ receipt of the Initial Notice, the Parties agree to submit such disagreement to nonbinding mediation before a single mediator mutually agreed upon by the Parties who has had at least ten (10) years’ relevant experience in the commercial real estate industry. If within fifteen (15) days after the date of mediation, the Parties have not reached agreement on resolution of the conflict or disagreement, then any Party may (but shall not be obligated to) commence an action in accordance with the requirements of Section 6 herein. 15. Assignment. Each Owner 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 such Owner under this Agreement, to (i) any person or entity that is or will become an owner of all or any portion of the Property; (ii) a homeowners association or property owners association for all or a portion of the Property; or (iii) any entity that is controlled by or under common control with any Owner (each such person or entity, an “Assignee”). Each assignment shall be in writing executed by one or more Owner(s), as applicable, and the Assignee(s) and shall obligate the Assignee(s) to be bound by this Agreement to the extent of any rights so assigned. A copy of each assignment shall be provided to the Town. Provided that an Assignee 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 (or portion thereof) that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by an Owner shall release such Owner from any liability that resulted from an act or omission by such Owner that occurred prior to the effective date of the assignment. Each Owner shall maintain true and correct copies of all such assignments by such Owner, including a copy of each executed assignment and the Assignee’s Notice information. Page 501 Item 16. 6 16. Sovereign Immunity. The Parties are entering into this Agreement in reliance upon its enforceability. Consequently, the Town irrevocably waives all claims of sovereign and governmental immunity which it may have (including, but not limited to, immunity from suit and immunity to liability), if any, to the extent, but only to the extent, that a waiver is necessary to enforce specific performance of this Agreement and to give full effect to the intent of the Parties under this Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any immunities that the Town may have with respect to claims of injury to persons or property, which claims shall be subject to all of their respective immunities and to the provisions of the Texas Tort Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a Party to this Agreement. Except as provided herein, the Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 17. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; strike; inclement weather; shortages or unavailability of labor, supplies, or materials; incidence of disease or other illness that reaches outbreak, epidemic, or pandemic proportions or other causes affecting the area in which the Property is located; utility failures or delays; or other circumstances that are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or performance requirement and any applicable completion deadline shall be extended for a period of time equal to the period such Party was delayed. 18. Estoppel. Any Party shall, at any time upon reasonable request by any other Party, provide an estoppel certificate or similar document evidencing that this Agreement is in full force and effect, that no event of default exists hereunder (or, if appropriate, specifying the nature and duration of any existing default and the steps required to cure the same), and/or any other improvements or obligations set forth in this Agreement. 19. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into 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. Page 502 Item 16. 7 20. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 21. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other Party. 22. Amendment. This Agreement shall not be modified or amended except in writing signed by all Parties. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 24. No 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. Condition Precedent to Agreement. The Parties enter into this Agreement expressly conditioned in reliance upon the Town's consideration and approval of a rezoning for the Property per the PD Ordinance consistent with this Agreement, Exhibit B and the zoning application previously submitted to the Town which rezoning and approval of the PD Ordinance shall occur in accordance with all requirements of applicable law prior to September 1, 2025 or this Agreement shall be null and void. [Remainder of page intentionally left blank. Signature pages follow.] Page 503 Item 16. 8 IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: James W. Childers Title: Town Manager, Town of Prosper Date: __________________________ STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ______________, 2025, by James W. Childers, 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 504 Item 16. 9 OWNER A: Prosper Oaks LP, a Texas limited partnership By: Prosper Oaks GP LLC, a Texas limited liability company, its General Partner By: __________________________ Vijay K. Borra, Manager Date: __________________________ STATE OF TEXAS § § COUNTY OF ______ § This instrument was acknowledged before me on this the ___ day of ____________________, 2025 by Vijay K. Borra, the Manager of Prosper Oaks GP LLC, a Texas limited liability company, the General Partner of Prosper Oaks LP, a Texas limited partnership, on behalf of said entities. Given under my hand and seal of office this _____ day of ______________, 202 5. _____________________________________ Notary public in and for the State of Texas My commission expires: _________________ Page 505 Item 16. 10 STATE OF TEXAS § § COUNTY OF ___________ § This instrument was acknowledged before me on _________________, 2025, by Mark Carey, an individual for the purposes therein stated and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________________, 2025. Notary Public, State of Texas My Commission Expires: OWNER B: Mark Carey, an individual By: _______________________ Name: Mark Carey Page 506 Item 16. 11 STATE OF TEXAS § § COUNTY OF ___________ § This instrument was acknowledged before me on _________________, 2025, by Cathi Carey, an individual for the purposes therein stated and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________________, 2025. Notary Public, State of Texas My Commission Expires: Cathi Carey, an individual By: _______________________ Name: Cathi Carey Page 507 Item 16. 12 STATE OF TEXAS § § COUNTY OF ___________ § This instrument was acknowledged before me on _________________, 2025, by Sammie J. Carey, an individual for the purposes therein stated and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________________, 2025. Notary Public, State of Texas My Commission Expires: OWNER C: Sammie J. Carey, an individual By: _______________________ Name: Sammie J. Carey Page 508 Item 16. 13 EXHIBIT A Property Description and Depiction (see attached) Page 509 Item 16. 14 Page 510 Item 16. 15 Page 511 Item 16. 16 Page 512 Item 16. 17 Page 513 Item 16. 18 Page 514 Item 16. 19 Page 515 Item 16. 20 Page 516 Item 16. 21 Page 517 Item 16. 22 Page 518 Item 16. 23 EXHIBIT A-1 Owner A Property Description TRACT 1: Page 519 Item 16. 24 Page 520 Item 16. 25 Page 521 Item 16. 26 Page 522 Item 16. 27 TRACT 2: Page 523 Item 16. 28 Page 524 Item 16. 29 TRACT 3: Page 525 Item 16. 30 Page 526 Item 16. 31 EXHIBIT A-2 Owner B Property Description Page 527 Item 16. 32 EXHIBIT A-3 Owner C Property Description Being a tract of land situated in the H. Rue Survey, Abstract No. 1111, in Denton County, Texas, being part of that same tract of land conveyed to Sammie Jean Carey and John C. Carey by deed recorded in Volume 2336, Page 541 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 3/8 inch iron rod found for corner at the most westerly Northwest corner of said Carey tract, said point being the Southwest corner of a tract of land conveyed to Amanda S. Myers Irrevocable Asset Trust, by deed recorded in Instrument No. 201100125051 of the Deed Records of Denton County, Texas; Thence South 89 Degrees 11 Minutes 35 Seconds East, along the South line of said Myers tract, a distance of 1,163.26 feet to a PK nail found, said point being the Southeast corner of said Myers; Thence South 89 Degrees 11 Minutes 35 Seconds East, a distance of 284.84 feet to a P/K nail set in Parvin Road (public right—of—way), in asphalt for corner, said point being the point of beginning; Thence South 89 Degrees 11 Minutes 35 Seconds East, along said Parvin Road, a distance of 275.96 feet to a P/K nail set for corner; Thence South 00 degrees 41 minutes 42 seconds West, a distance of 789.02 feet to a 1/2 inch iron rod set for corner; Thence North 89 degrees 18 minutes 18 seconds West, a distance of 275.96 feet to a 1/2 inch iron rod set for corner; Thence North 00 degrees 41 minutes 42 seconds East, a distance of 789.56 feet to the point of beginning containing 217,815 square feet or 5.00 acres of land. Page 528 Item 16. 33 EXHIBIT B Building Materials and Architectural Regulations 1. Dwelling units shall be in general conformance with one of the home styles shown in the renderings included with Attachment 1, with regard to design. Materials shall be governed by Section 2 below. Otherwise stated, building materials are not required to match what is shown on Attachment 1; rather, building material(s), including without limitation color palettes or types of materials may consist of any of the materials allowed in Section 2 herein, subject to the requirements in that section. The property owner or developer shall submit building elevations with the application for a building permit. The Town will approve the building elevations if they substantially conform to the requirements of this Section 1 and Section 2 below. The architectural styles depicted on Attachment 1 are an example of the different styles that homes must be in general conformance with (e.g., each separate home will be in general conformance with one of the styles shown). Building elevations are not required to exactly match or be the same color palette as what is shown on Attachment 1 so long as they are in general conformance with one of the styles on Attachment 1. The applicant may submit alternate/different elevations that do not comply with the requirements of this Exhibit B (e.g., are a different style/design than Attachment 1 or deviate from Section 2) and such alternate elevations may be approved by the Town’s Development Services Director or his/her designee (“Development Services Director”), except that any elevations that differ by more than ten percent (10%) from the percentages required pursuant to Section 2 herein will require review by the Planning & Zoning Commission and approval by the Town Council. 2. The exterior facades of a main building or structure, excluding windows, doors and area above the roof line shall comply with the following requirements: i. The exterior facades shall be constructed of 100 percent (100%) masonry, unless otherwise specified herein. ii. Cementitious fiber board is considered masonry, but may only constitute: 1. For the front façade of any home: Up to fifty percent (50%) of stories other than the first story on the front façade of a residential home1, except for the modern farmhouse and craftsman styles as noted below. Cementitious fiber board may be used as a façade cladding material for portions of upper stories on the front façade of a home that are in the same vertical plane as the first story so long as the home generally complies with one of the architectural styles included with Attachment 1; and 1 For clarification, up to 100 percent (100%) of the first story on the front façade of any residential home may be cementitious fiberboard. Page 529 Item 16. 34 2. For the side and rear facades of any home: Up to twenty percent (20%) of all stories on the side and rear facades of a residential home (e.g., eaves, soffits, and rear gables above the first floor). iii. Unless an alternate material is approved by the Development Services Director of the City or his/her designee (the “Development Services Director”), any portion of an upper story, excluding windows, architectural features or area above the roof line, that faces Parvin Road or Frontier Parkway shall be 100 percent (100%) masonry and shall not be comprised of cementitious fiber board except for eaves, soffits, and rear gables (which may be comprised of cementitious fiber board). iv. Unless an alternate material is approved by the Development Services Director, any portion of an upper story, excluding windows, architectural features or area above the roof line, that faces and fronts on public or private open space, public or private parks, or the Hike and Bike Trail, shall be 100 percent masonry and may be comprised of cementitious fiber board subject to the limitations in Section 2(ii) above. v. Unless an alternate material is approved by the Development Services Director, the exterior cladding of chimneys shall be brick, natural or manufactured stone, or three coat stucco. vi. Notwithstanding any limitation above, for modern farmhouse and craftsman style homes, cementitious fiber board is considered masonry, and may constitute up to eighty percent (80%) of stories other than the first story on the front façade of a residential home. The modern farmhouse and craftsman style homes are shown in the renderings included with Attachment 1. vii. Notwithstanding any limitation above, cementitious fiber board may be used for architectural features, including window box-outs, gables, bay windows, roof dormers, garage door headers, columns, exposed sidewalls/gable ends above lower roofs, exposed rafter tails, or other architectural features approved by the Development Services Director. viii. Masonry Construction means clay fired brick, natural and manufactured stone, granite, marble, three-coat stucco, and cementitious fiber board (subject to the limitations in this section) as exterior construction materials for all residential structures. Three-coat stucco means stucco applied using a three-step process over diamond metal lath mesh to a minimum of seven-eighths of an inch thickness or by other process producing comparable cement stucco finish with equal or greater strength and durability specifications. ix. An applicant may appeal any denial by the Development Services Director to a request for approval of an alternate material (as noted above) to the Town’s Planning & Zoning Commission and may appeal the Planning & Zoning Commission’s decision to the Town Council. Page 530 Item 16. 35 x. The primary massing of the roof on the main residential building shall have a minimum slope of 6:12. Accessory roof structures (including, but not limited to garages) and architectural features shall have a minimum slope of 1.25:12. xi. Roof material shall be standing seam copper, metal roof or standing seam metal, natural slate shingles, imitation slate shingles, cementitious tile, or composition 30-year laminated shingles or other approved roof materials. “Other approved roof materials” mean roof materials other than listed herein that are approved by the Development Services Director. By way of clarification, roofing or roof materials are not required to match what is shown on Attachment 1 hereto; rather, roof material may consist of any of the materials listed in this subsection. 3. The requirements in this Exhibit B shall apply in lieu of any exterior construction, building materials or design requirements in the Town’s Zoning Ordinance and shall be the exclusive exterior construction, building materials, and design requirements that apply to the development of the Property. Page 531 Item 16. 36 Attachment 1 to Exhibit B Architectural Styles (see attached) Page 532 Item 16. 37 Page 533 Item 16. 38 Page 534 Item 16. 39 Page 535 Item 16. 40 EXHIBIT C By way of clarification, the below building materials and aesthetic method requirements do not apply to the development of the Property per Chapter 3000. The requirements on Exhibit B to the Agreement are the only building material and aesthetic method requirements that apply to development of the Property. A. Chapter 4, Section 9.8 (Exterior construction of residential buildings); Chapter 4, Section 9.14 (Alternating single family plan elevations); and Chapter 4, Section 7.6(A)-(C) (Detached garage and accessory building construction) of the Zoning Ordinance of the Town of Prosper, as amended, do not apply to development of the Property pursuant to Chapter 3000. Page 536 Item 16. Page 537 Item 16. Page 538 Item 16. Planned Development Prosper Oaks (ZONE-24-0022) Page 539 Item 16. Agenda Item Conduct a Public Hearing and consider and act upon a request to rezone 373.5±acres from Agricultural to a Planned Development allowing for both Single-Family and Age- Restricted Single-Family Residences, located on the south side of Parvin Road and 2,070± feet east of FM 1385. (ZONE-24-0022) Page 540 Item 16. Proposal Purpose: •Construct a maximum of 800 single-family homes on 373.5 acres (306.3 net acres). •Eastern Tract –Max. of 275 Single-Family Homes (181.8 Acres –130.7 Net Acres) •Western Tract –Max. of 525 Age-Restricted Single-Family Homes (191.7 Acres –175.6 Net Acres) Page 541 Item 16. Page 542 Item 16. Future Land Use Plan Medium Density Residential: •Recommends single-family detached dwelling units on lots ranging from 12,500 square feet to 20,000 square feet. •Neighborhoods may have a variation of lot sizes provided that the density is within 1.6 to 2.5 dwellings units per acre. Eastern Tract: •Lot sizes ranging from 10,000 square feet to 20,000 square feet with an overall density of 2.1 units per acre. Page 543 Item 16. Future Land Use Plan Cont. High Density Residential: •Recommends single-family detached dwelling units on lots that are smaller than 10,000 square feet. •Neighborhoods have a density greater than 2.5 units per acre. Western Tract: •Lot sizes ranging from 7,500 square feet to 10,000 square feet with an overall density of 3.0 units per acre. Page 544 Item 16. Page 545 Item 16. Zoning Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant Medium Density Residential North City of Celina Single-Family Residential N/A East Planned Development-40 (Single-Family) Single-Family Residential (Windsong Ranch)High Density Residential South Planned Development-40 (Single-Family)Vacant Parks West Agricultural Vacant High Density Residential and Retail & Neighborhood Services Page 546 Item 16. Page 547 Item 16. Single-Family Residential Section (Eastern Tract) Page 548 Item 16. District Regulations Base Zoning: •Type A Lots developed to Single Family-12.5 District standards. •Type B Lots developed to Single Family-10 District standards. Lot Types: •Type A Lots (12,500 SF; 80’ x 135’) •Type B Lots (10,000 SF; 75’x 125’) Lot Count: •Max. of 275 Lots (Min. of 100 Type A Lots & Min. of 10% to be 20,000 SF)Page 549 Item 16. District Regulations Cont. Single Family-12.5 District Regulations (Zoning Ordinance) Proposed District Regulations (Type A Lots) Single Family-10 District Regulations (Zoning Ordinance) Proposed District Regulations (Type B Lots) Size of Yards Front: 30’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 30’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Size of Lots Minimum Lot Area: 12,500 SF Minimum Lot Width: 80’ Minimum Lot Depth: 135’ Minimum Lot Area: 12,500 SF Minimum Lot Width: 80’ Minimum Lot Depth: 135’ Minimum Lot Area: 10,000 SF Minimum Lot Width: 80’ Minimum Lot Depth: 125’ Minimum Lot Area: 10,000 SF Minimum Lot Width: 75’ Minimum Lot Depth: 125’ Minimum Dwelling Area Dwelling Area: 1,800 SF Dwelling Area: 1,800 SF Dwelling Area: 1,800 SF Dwelling Area: 1,800 SF Minimum Enclosed Parking (Garage)Area Garage Area: 400 SF Garage Area: 600 SF Garage Area: 400 SF Garage Area: 600 SF Maximum Height Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Maximum Lot Coverage Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Page 550 Item 16. Permitted Uses By Right: •Accessory Building •Antenna and/or Antenna Support Structure, Non-Commercial •Child Care Center, Home •Home Occupation •Homebuilder Marketing Center •Household Care Facility •Model Home •Municipal Uses Operated by the Town of Prosper •Park or Playground •Private Recreation Center Page 551 Item 16. Permitted Uses Cont. By Right: •Private Street Development •Private Utility, Other Than Listed •School, Public •Single-Family Dwelling, Detached •Wireless Communications and Support Structures less than 15 Feet in Height •Incidental Uses (Amenity Centers, Community Pools, Sports Courts, etc.) Page 552 Item 16. Permitted Uses Cont. By Specific Use Permit: •Child Care Center, Licensed •Utility Distribution Facility •Wireless Communications and Support Structures greater than 15 Feet in Height Page 553 Item 16. Page 554 Item 16. Open Space and Amenities Open Space: •Minimum of 30 Acres Required (Non-Contiguous) •Min. of 10,000 SF (Each Area) •Min. of 40’ in Width (Each Area) Page 555 Item 16. Open Space and Amenities Cont. Amenities: •Resident Amenity Area •Completed prior to issuance of a Certificate of Occupancy for the 138th home (out of 275). •Pocket Park w/ Playground •Completed at the end of the phase that it will be located in. •Three Amenities (List in Next Slide) •Completed at the end of the phase that it will be located in. Page 556 Item 16. Open Space and Amenities Cont. Amenities: •Potential Amenities (Min. of Three) •Event Lawn •Fire Pit •Fishing Pier •Game Lawn •Outdoor Grilling Station •Pavillion •Putting Green •Sports Court Page 557 Item 16. Page 558 Item 16. Page 559 Item 16. Page 560 Item 16. Page 561 Item 16. Page 562 Item 16. Page 563 Item 16. Age-Restricted Single-Family Residential Section (Western Tract) Page 564 Item 16. District Regulations Base Zoning: •Type C, D, and E Lots developed to Single Family-10 District standards. Lot Types: •Type C Lots (10,000 SF; 75’x 125’) •Type D Lots (8,800 SF; 65’x 125’) •Type E Lots (7,500 SF; 55’x 125’) Lot Count: •Max. of 525 Lots (Min. of 100 Type C Lots & Max. of 200 Type E Lots)Page 565 Item 16. District Regulations Cont. Single Family-10 District Regulations (Zoning Ordinance) Proposed District Regulations (Type C Lots) Proposed District Regulations (Type D Lots) Proposed District Regulations (Type E Lots) Size of Yards Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Front: 25’ Side: 8’ 15’(Adj.to Side Street) Rear: 25’ Size of Lots Minimum Lot Area: 10,000 SF Minimum Lot Width: 80’ Minimum Lot Depth: 125’ Minimum Lot Area: 10,000 SF Minimum Lot Width: 75’ Minimum Lot Depth: 125’ Minimum Lot Area: 8,800 SF Minimum Lot Width: 65’ Minimum Lot Depth: 125’ Minimum Lot Area: 7,500 SF Minimum Lot Width: 55’ Minimum Lot Depth: 125’ Minimum Dwelling Area Dwelling Area: 1,800 SF Dwelling Area: 2,000 SF Dwelling Area: 1,800 SF Dwelling Area: 1,550 SF Minimum Enclosed Parking (Garage)Area Garage Area: 400 SF Garage Area: 400 SF Garage Area: 400 SF Garage Area: 400 SF Maximum Height Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Stories: 2.5 Stories or 40’ Maximum Lot Coverage Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Lot Coverage: 45% Page 566 Item 16. Permitted Uses By Right: •Accessory Building •Antenna and/or Antenna Support Structure, Non-Commercial •Home Occupation •Homebuilder Marketing Center •Household Care Facility •Model Home •Municipal Uses Operated by the Town of Prosper •Park or Playground •Private Recreation Center •Private Street Development Page 567 Item 16. Permitted Uses Cont. By Right: •Private Utility, Other Than Listed •Single-Family Dwelling, Detached (Active Adult Community) •Wireless Communications and Support Structures less than 15 Feet in Height •Incidental Uses (Amenity Centers, Community Pools, Food Trucks, etc.) Page 568 Item 16. Permitted Uses Cont. By Specific Use Permit: •Utility Distribution Facility •Wireless Communications and Support Structures greater than 15 Feet in Height Page 569 Item 16. Page 570 Item 16. Page 571 Item 16. Open Space and Amenities Open Space: •Minimum of 20 Acres Required (Non-Contiguous) •Min. of 10,000 SF (Each Area) •Min. of 40’ in Width (Each Area) Page 572 Item 16. Open Space and Amenities Cont. Amenities: •Amenity Center or Clubhouse •Completed prior to issuance of a Certificate of Occupancy for the 263rd home (out of 525). •Swimming Pool w/ Shade Structure(s) •Completed at the end of the phase that it will be located in. •Three Amenities (List in Next Slide) •Completed at the end of the phase that it will be located in. Page 573 Item 16. Open Space and Amenities Cont. Amenities: •Potential Amenities (Min. of Three) •Bocce Ball Court •Event Lawn •Fire Pit •Game Lawn •Outdoor Spa •Pavillion w/ Outdoor Grilling Station •Putting Green •Shuffleboard Court or Table •Sports Court Page 574 Item 16. Page 575 Item 16. Page 576 Item 16. Page 577 Item 16. Page 578 Item 16. Page 579 Item 16. Page 580 Item 16. Page 581 Item 16. Page 582 Item 16. Page 583 Item 16. Page 584 Item 16. Both Sections (Eastern & Western Tracts) Page 585 Item 16. Architectural Standards Building Materials: •Cementitious Fiber Board •Clay Fired Brick •Granite •Marble •Stone (Natural or Manufactured) •Stucco (Three-Coat) Page 586 Item 16. Architectural Standards Cont. Building Design: •The exterior façade of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. •On front façades, cementitious fiber board may constitute up to fifty percent (50%) of the area for stories other than the first story. Additionally, cementitious fiber board may be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. •On side and rear façades, cementitious fiber board may constitute up to twenty percent (20%) of all stories. Page 587 Item 16. Architectural Standards Cont. Building Design: •Any portion of an upper story, excluding windows, that faces public or private open space, public or private parks, or hike and bike trails, shall be one hundred percent (100%) masonry and may be comprised of cementitious fiber board. •The exterior cladding of chimneys shall be brick, natural, or manufactured stone, or stucco. •On Craftsman and Modern Farmhouse style homes (see Exhibit F), cementitious fiber board may constitute up to eighty percent (80%) of the area for stories other than the first story. •Cementitious fiber board may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, exposed sidewalls/gable ends above lower roofs, exposed rafter tails, or other architectural features as approved by the Director of Development Services. Page 588 Item 16. Architectural Standards Cont. Roofing: •Materials •Roof material shall consist of standing seam copper, standing seam metal, natural slate shingles, imitation slate shingles, cementitious tile, or composition 30-year laminated shingles, or other materials as approved by the Director of Development Services. •Pitch •Main residential structures shall have a minimum slope of six by twelve (6:12). •Accessory structures shall have a minimum slope of 1.25:12. Page 589 Item 16. Architectural Standards Cont. Entries and Driveways: •Entries •All homes shall have a covered porch, stoop, or portico at the main front entry. •Driveways •All driveways shall be broomed finished concrete, salt finished concrete, stained patterned concrete, or brick/stone pavers. Page 590 Item 16. Page 591 Item 16. Page 592 Item 16. Page 593 Item 16. Screening and Fencing Adjacent to Thoroughfares: •Min. of 50% ornamental metal for fencing adjacent to Parvin Road and Frontier Parkway. Adjacent to Open Space: •Decorative metal fencing adjacent to open space areas. Adjacent to Single-Family: •Board on board wooden fencing adjacent to single-family homes. Page 594 Item 16. Pedestrian Connectivity Hike & Bike Trails: •Six-foot hike and bike trails along Parvin Road, Frontier Parkway, and Doe Branch. •Connection to existing hike and bike trails for Windsong Ranch. •Trail enhancements such as butterfly gardens, overlooks, trail heads, trail way stations, etc. provided at the entrances of private community trails. Page 595 Item 16. Page 596 Item 16. Page 597 Item 16. Page 598 Item 16. Noticing Notices: •Friday, August 8th Citizen Response: •Two Letters of Support Page 599 Item 16. Recommendation Town Staff: •Approval Planning & Zoning Commission: •Denial (4-0) •Overall Density in Western Tract •Type E Lots in Western Tract •Lack of Connectivity to Amenity Center in Western Tract Page 600 Item 16. Page 1 of 3 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Comprehensive Plan Amendment for Prosper Oaks Town Council Meeting – August 26, 2025 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to High Density Residential, on 191.7± acres, located on the south side of Parvin Road and 2,070± feet east of FM 1385. (COMP-24-0002) Description of Agenda Item: The purpose of this request is to amend the Future Land Use Plan from Medium Density Residential to High Density Residential to allow for an age-restricted single-family residential development. The development consists of 525 single-family homes on 191.7± acres, bringing the density of the development to 3.0 units per acre. This exceeds the allowed density within Medium Density Residential of 2.5 units per acre, requiring an amendment to High Density Residential. Rezoning requests, which do not conform to the Future Land Use Plan, shall be accompanied by a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates the Town will encounter “development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map.” Land use districts designated on the Future Land Use Plan are intended to depict general areas where land uses are considered appropriate for an area, and such districts are not intended to be parcel specific. If the Planning & Zoning Commission and Town Council believe the propert y is more appropriately classified as High Density Residential on the Future Land Use Plan, then it would be appropriate to reclassify the property. Comprehensive Factors: Changes in overall development patterns that deviate from the Future Land Use Plan’s recommendations could impact the ultimate capacity of the community. PLANNING Page 601 Item 17. Page 2 of 3 The Future Land Use Plan states, “it should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project.” The Future Land Use Plan recommends that “development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the following questions and should be reviewed on their own merit. The responses from the applicant to each criterion are listed below: 1. Will the proposed change enhance the site and the surrounding area?  “The community sits adjacent to the Doe Branch corridor which provides an abundance of open space not previously accessible to the public. A system of trails and open space enhancements will be elements constructed within the community to connect residents to the Doe Branch ecosystem. The community will be designed in accordance with the zoning and subdivision standards of the Town of Prosper; moreover, the attached Planned Development District will further layout the overall concept for the Prosper Oaks community with its amenities.” 2. Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?  “The east portion of the tract aligns with the Future Land Use Plan while the west portion of the tract fulfills a need for senior housing in the Town of Prosper. The proposed uses are in separate school districts, but the entire neighborhood will be marketed and branded as one community.” 3. Will the proposed use impact adjacent residential areas in a negative manner?  Not Answered. 4. Will the proposed use be compatible with and/or enhance adjacent residential uses?  “The residential uses do not change. Moreover, it creates two residential markets (i.e. market rate and age-qualified), thus accelerating completion of the trails systems and providing access to the open spaces along Doe Branch.” 5. Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?  “The community will be branded and operated in the same manner. It is currently surrounded and adjacent to both institutional and single-family residential. The compatibility will be carried through in the zoning documents and by way of developing in accordance with the development standards and regulations of the Town of Prosper.” Page 602 Item 17. Page 3 of 3 6. Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?  “No, the change seeks to add public tax base, while at the same time offering a community that fills needed segment of age-qualified, senior housing, capitalizing on a property that is uniquely split between two school districts (i.e. PISD and DISD).” 7. Would it contribute to the Town’s long-term economic stability?  Not Answered. The Future Land Use Plan also recommends that “it is important to recognize that proposals not directly consistent with the Plan could reflect higher and better long-term uses than those originally envisioned and shown on the Future Land Use Plan map for a particular area. This may be due to changing markets, demographics, and/or economic trends that occur at some point in the future after the Plan is adopted. If such changes occur, and especially if there are demonstrated significant social and/or economic benefits to the Town of Prosper, then these proposals should be approved, and the Future Land Use Plan map should be amended accordingly.” Legal Obligations and Review: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Aerial Map 2. Future Land Use Exhibit 3. Request Letter 4. Boundary Exhibit 5. PowerPoint Slides Town Staff Recommendation: There are two options for a recommendation, subject to the action taken on the companion case (ZONE-24-0022) for the amendment to the Future Land Use Plan: 1. If the Town Council recommends approval of the rezoning request, the Commission should recommend approval of the amendment to the Future Land Use Plan. 2. If the Town Council recommends denial of the rezoning request, the Commission should recommend denial of the amendment to the Future Land Use Plan. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended denial of this item by a vote of 4- 0 at their meeting on August 5, 2025, due to recommending denial of the associated zoning case. Proposed Motion: I move to approve/deny the request to amend the Future Land Use Plan from Medium Density Residential to High Density Residential, on 191.7± acres, located on the south side of Parvin Road and 2,070± feet east of FM 1385. Page 603 Item 17. Page 604 Item 17. Future Land Use Exhibit Page 605 Item 17. Page 606Item 17. Page 607Item 17. EXISTING LAND USE: AGRICULTURAL CALLED TRACT 3 23.507 ACRES TOWN OF PROSPER INST. NO. 2022-69025, O.R.D.C.T. FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL PROPOSED FUTURE LAND USE: HIGH DENSITY RESIDENTIAL WIND S O N G R A N C H P H A S E 7 B DOC. N O. 2 0 2 2- 2 1 9, O.P.R. D. C. T. A-1262 A-1538 TEETER, J YATES, R E REMAINDER OF CALLED 155.903 ACRES PROSPER OAKS LP INST. NO. 2021-187834, O.R.D.C.T.CALLED 5.3266 ACRESMARK & CATHI CAREYINST. NO. 2007-985,O.R.D.C.T.CALLED 5.00 ACRESJO LYNN CAREYNINEMIRE & LAURAJEAN CAREY VARNERINST. NO. 2014-16824,O.R.D.C.T.PORTION OF CALLED 189.695 ACRES PROSPER OAKS LP INST. NO. 2021-120739, O.R.D.C.T. CALLED 17.070 ACRES PROSPER OAKS LP INST. NO. 2024-93696, O.R.D.C.T. LOT 5 BLOCK X REMAINER OF CALLED 48.323 ACRES VP WINDSONG INVESTMENTS LLC INST. NO. 2021-74160, O.R.D.C.T. CALLED 109.926 ACRES SUTTON FIELDS EAST, LLC INST. NO. 2021-192973, O.R.D.C.T. CALLED 101.60 ACRES MM CELINA PARVIN 101, LLC INST. NO. 2023-32350, O.R.D.C.T. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BLOCK AAA BLOCK AAA BLOCK AAA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 2X 10111213141516171819 20 CALLED 1.249 ACRES MICHAEL & LORI BOHN INST. NO. 2020-19369, O.R.D.C.T. CALLED 1.000 ACRES DALE & VICKI TRAVIS INST. NO. 2019-53525, O.R.D.C.T. CALLED TRACT 2 CALLED 91.001 ACRES JAIANJANEYA REAL ESTATE SERVICES LLC INST. NO. 2022-120979, O.R.D.C.T. CALLED TRACT 1 23.87 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T. REMAINDER CALLED TRACT 2 42.852 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T.WINDSONG RANCH PHASE 7GDOC. NO. 2023-435,O.P.R.D.C.T.LOTS 1-5, BLOCK A MIDDLE SCHOOL #9 ADDITION INST. NO. 2023-375, O.P.R.D.C.T. LOT 1 BLOCK A LOT 3 BLOCK A LOT 4 BLOCK A WINDSONG RANCH PHASE 7D&7H INST. NO. 2022-232, O.P.R.D.C.T. LOT 5 BLOCK X LOT 1 BLOCK X 123456 7 8 9 10 11 12 13 14 4041424344 J K LOT 5 BLOCK X 1 2 34567 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 13 A B LOT 1 BLOCK X SUTTON FIELDS PH.3D INST. NO. 2022-44, O.P.R.D.C.T. BLOCK AAA LOT 1X LOT 1 BLOCK XCALLED 1.84 ACRES WALTER C.FAIN DOC. NO. 2004-95008 O.R.D.C.T. REMAINDER CALLED TRACT 2 217.596 ACRES VP WINDSONG OPERATIONS LLC INST. NO. 2018-142926, O.R.D.C.T. CALLED 5.0 ACRES TRAVADI INVESTMENTS LLC, INST. NO. 2017-38158, O.R.D.C.T.WINDSONG RANCHMAINTENANCE FACILITYINST. NO. 2023-67,O.P.R.D.C.T.WINDSONG RANCH PHASE 6E INST. NO. 2023-235, O.P.R.D.C.T. PARVIN ROAD (VARIABLE WIDTH RIGHT-OF-WAY) INST. NO. 2020-37562 D.R.D.C.T. 34 35 36 37 38 39 40 41 WINDSONG RANCH PHASE 6D INST. NO. 2023-390, O.P.R.D.C.T. SUTTON FIELDS PH.4A INST. NO. 2023-294, O.P.R.D.C.T. CALLED 1.398 ACRES CLAUDE & KATHLEEN ADAMS INST. NO. 2011-67775, O.R.D.C.T. J.TEE T E R S U R V E Y, ABST R A C T N O. 1 2 6 2 P.R. RUE SURVEYABSTRACT NO. 1555H. RU E S U R V E Y, ABST R A C T N O. 1 1 1 1 C. JACKSON SURVEY,ABSTRACT NO. 1546F.WIL K E R S O N S U R V E Y, ABST R A C T N O. 1 4 1 1 B. RU E S U R V E Y, ABST R A C T N O. 1 1 1 3 30 J. MO R T O N S U R V E Y, ABST R A C T N O. 7 9 3 J. MO R T O N S U R V E Y, ABST R A C T N O. 7 9 3 A.B. J A MI S O N S U R V E Y, ABST R A C T N O. 6 7 2 L. RU E S U R V E Y, ABST R A C T N O. 1 1 1 0 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 36 32333435 2627283132 2021222324 1112131415LOT 1BLOCK XA B C D E F U U 1 2 3 4 5 6 789 10 11 BERYLLIN E L N LAVINA LN KINGLET CT ROSITA LN HOLLAND CT WINDSONG RANCH PHASE 10INST. NO. 2022-450,O.P.R.D.C.T.GOOD HOPE RDAVOCET LNSILVER SKIPPER RDKESTREL ST PARVIN RD (UN-DEDICATED PUBLIC ROAD) 9 10 11 E OLD ALTON DRDURS T L N AMSLER DRLOPIANO ST BRINKER ST LOPIANO STSTILLWELL CT 1234567 8 9 10 11 12 13 14 15 16 17 18 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 TUDOR PL YORKDALE ST PARVIN RD (UN-DEDICATED PUBLIC ROAD) PARVIN RD (UN-DEDICATED PUBLIC ROAD) D E N TO N W A Y(A 60' R.O.W.)EXISTING ZONING: PD-40 EXISTING ZONING:PD-40GOOD HOPE CEMETERY VOL. 89, PG. 555 D.R.D.C.T. EXISTING ZONING: A EXISTING ZONING:AEXISTING ZONING: PD-40 EXIS TI N G Z O NI N G: P D- 4 0 EXISTING ZONING: PD-40EXISTING ZONING: PD-40 APPROXIMATE LIMITS ZONE "AE" AS SCALED FROM F.I.R.M. APPROXIMATE LIMITS ZONE "AE" AS SCALED FROM F.I.R.M. P.O.B. EXISTING ZONING: PD-40 EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: PD-52 EXISTING ZONING: PD-94 EXISTING ZONING: PD-145 EXISTING ZONING: PD-146 EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: PD-52 CITY OF CELINA TOWN OF PROSPER TOWN OF PROSPER CITY OF CELINA EXISTING LAND USE: NON-RESIDENTIAL EXISTING LAND USE:RESIDENTIALEXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING LAND USE: NON-RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL 60.0' ROW DEDICATIONVARIABLE WIDTH ROW DEDICATION VARIABLE WIDTH ROW DEDICATION (2022-44 O.P.R.D.C.T)APPROX. SURVEY LINEAPPROX. SURVEY LINEAPPROX. SURVEY LINE APPROX. SURVEY LINE APPROX. SURVEY LINE S23°39'44"E588.25 ' S5 9 ° 5 2 ' 2 0 " E 10 1 6 . 7 2 'S30°44 '18 "E1544.90 ' 191.690 ACRES 8,350,022 SQ. FT.S40°46'41"W 552.51'S89°21'41"W 1002.31'S89°17'30"W 363.42'N0°13'22"E978.26'N89°01'33"E 470.85'N0°28'00"W720.06'N0°32'33"W2725.96'N0°32'18"W486.36'N89°18'40"E 911.02' EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL REMAINDER OF CALLED 189.695 ACRES PROSPER OAKS LP INST. NO. 2021-120739, O.R.D.C.T. EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL S88°59'25"W 611.51' L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62L63 L64 L65 L66 L67 S3°27'59"E 515.78' FUTURE R.O.W. DEDICATION FOR PARVIN ROAD N:7142159.67 E:2461427.56 N:7137241.20 E:2460989.22 N:7137256.86 E:2462354.86 N:7142170.62 E:2462338.51 EXISTING ZONING: PD-40 EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL PROPOSED FUTURE LAND USE: HIGH DENSITY RESIDENTIAL EXISTING ZONING: A LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 BEARING N00°10'32"E S41°38'35"W S62°23'05"W S63°16'45"W S60°27'45"W S59°53'36"W S56°31'38"W S53°35'52"W S50°17'17"W S46°18'44"W S44°23'42"W S40°37'21"W S78°39'41"W N68°40'25"W S71°30'37"W S39°09'08"W S21°43'06"W S27°17'06"W S35°37'35"W S32°14'45"W S25°12'34"W S46°44'58"W S71°49'34"W LENGTH 40.89' 25.32' 74.71' 46.88' 36.25' 29.79' 28.94' 60.89' 31.83' 31.30' 33.07' 32.29' 42.01' 41.63' 47.59' 42.46' 42.39' 36.07' 35.68' 37.49' 85.30' 42.18' 42.89' LINE TABLE NO. L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 BEARING S87°47'30"W N78°42'49"W N57°26'29"W N47°21'25"W N41°16'16"W N79°16'06"W S61°42'33"W S00°00'00"E S21°42'25"E S33°01'59"E S46°40'14"E S31°27'25"E S13°16'01"W S26°26'57"W S24°35'01"W S32°19'20"W S45°22'19"W S15°05'05"W S12°20'28"W S51°32'13"E S55°21'56"E S49°57'16"E S55°15'58"E LENGTH 47.42' 45.72' 44.71' 45.17' 44.92' 46.36' 42.39' 45.45' 44.11' 45.17' 44.26' 38.89' 44.03' 49.23' 57.69' 44.83' 49.31' 44.34' 47.05' 47.72' 46.41' 45.99' 45.45' LINE TABLE NO. L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 BEARING S49°03'19"E S23°24'18"E S10°19'41"W S25°15'46"W S21°39'53"W S28°24'27"W S55°15'28"W S75°22'42"W S69°07'57"W S49°24'01"W S06°59'05"E S35°51'45"E S32°06'53"E S14°50'58"E S28°25'20"W S67°49'43"W S79°32'39"W S81°37'04"W S78°01'30"W S05°35'13"E N85°47'35"E LENGTH 25.79' 45.63' 47.19' 48.85' 44.51' 26.50' 49.81' 44.43' 44.61' 41.71' 46.31' 46.30' 49.72' 44.18' 42.52' 46.70' 40.33' 49.99' 36.45' 47.57' 194.03'DWG NAME: K:\FRI_SURVEY\068625036-PROSPER OAKS - TOWN OF PROSPER\DWG\068625036 FLUP WEST PROPERTY.DWG PLOTTED BY GUNAWAN, SYLVIANA 6/30/2025 10:40 AM LAST SAVED 6/30/2025 10:39 AM Copyright © 2025 Kimley-Horn and Associates, Inc. All rights reserved GRAPHIC SCALE IN FEET 0300 150 300 600 1" = 300' @ 24X36 NORTH Scale Drawn by GGL1" = 300' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA 06/30/2025 068625036 1 OF 1 LEGEND P.O.B. = POINT OF BEGINNING INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS OWNER: Prosper Oaks LP 9111 Cypress Waters Blvd. Suite 140 Coppell, Texas 75019 Ph: (937)-219-4987 Contact: Vijay Borra EXHIBIT A-1 PROSPER OAKS 191.690 ACRES CASE NO. COMP-24-0002 L. RUE SURVEY, ABSTRACT NO. 1110; H. RUE SURVEY, ABSTRACT NO. 1111; P.R. RUE SURVEY, ABSTRACT NO. 1555; C. JACKSON SURVEY, ABSTRACT NO. 1546; F. WILKERSON SURVEY, ABSTRACT NO. 1411; J. MORTON SURVEY, ABSTRACT NO. 793; J. TEETER SURVEY, ABSTRACT 1262 TOWN OF PROSPER, DENTON AND COLLIN COUNTY, TEXAS PREPARATION DATE: JUNE 30, 2025 NOTES: 1. The bearings for this exhibit are based on a bearing of N89°18'40"E for the north line of the called 189.695-tract according to the special warranty deed recorded in instrument number 2021-120739 of the Public Records of Denton County, Texas. 2. According to Map No. 48121C0410G, dated April 18, 2011 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain" and Zone AE defined as "Special flood hazard areas (SFHAs) subject to inundation by the 1% annual chance flood (Base Flood Elevations determined)". If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. This document was prepared under 22 TAC §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Coordinates shown hereon are based upon online data and have not been field verified. 4. The thoroughfare alignment shown on this exhibit is for illustration purposes and does not set the alignment. The alignment is determined at the time of Final Plat. 5. Requested for a proposed Planned Development (Prosper Oaks, ZONE-24-0022) for Single Family Residential with 55 ft, 65 ft, and 75 ft. wide lots. 6. Gross Area: 191.7Acres Net Area: 178.1 Acres Net Density: ±2.8 units/acre DESCRIPTION OF PROPERTY: BEING a tract of land situated in the L. Rue Survey, Abstract No. 1110, the H. Rue Survey Abstract No. 1111, the P.R. Rue Survey, Abstract No. 1555, the C. Jackson Survey, Abstract No. 1546, the F. Wilkerson Survey, Abstract No. 1411, the J. Morton Survey, Abstract No. 793, and the J. Teeter Survey, Abstract 1262, Denton County, Texas and being a portion of a called 189.695-acre tract of land described in a deed to Prosper Oaks LP, as recorded in Instrument No. 2021-120739, Official Records, Denton County, Texas, and a portion of a called 155.903-acre tract of land described in a deed to Prosper Oaks LP, as recorded in Instrument No. 2021-187834, said Official Records, and all of a called 17.070 acre tract of land described in a deed to Prosper Oaks LP, described in a deed to Prosper Oaks LP, recorded in Instrument No. 2024-93696, said Official Records, and being more particularly described as follows: BEGINNING at a point in Parvin Road (a public road) for the northwest corner of said 189.695-acre tract and the northeast corner of a called 91.001-acre tract of land described in a deed to Jaianjaneya Real Estate Services LLC, recorded in Instrument No. 2022-120979, said Official Records, also being on the south line of Sutton Fields Phase 4A, recorded in Instrument No, 2023-294, Plat Records, Denton County, Texas; THENCE North 89°18'40" East, along the northerly line of said 189.695-acre tract, a distance of 911.02 feet to a point for corner; THENCE departing said northerly line and crossing said 189.695-acre tract and said 155.903-acre tract, the following courses and distances; South 23°39'44” East, a distance of 588.25 feet to a point for corner; South 59°52'20" East, a distance of 1,016.72 feet to a point for corner; South 30°44'18" East, a distance of 1,544.90 feet to being on the southerly line of said 155.903-acre tract and the northerly line of called Tract 2, described in a deed to VP Windsong Operations LLC, recorded in Instrument No. 2018-142926, said Official Records; THENCE South 88°59'25” West, along the southerly line of said 155.903 acre tract and the northerly line of said Tract 2, a distance of 611.51 feet to the southerly southwest corner of said 155.903 acre tract, common to an ell corner of said Tract 2; THENCE North 00°10'32” East, along the westerly line of said 155.903 acre tract and the easterly line of said Tract 2, a distance of 40.89 feet to the northernmost southeast corner of aforesaid 17.070 acre tract; THENCE departing the westerly line of said 155.903 acre tract and the easterly line of said Tract 2, and along the easterly line of said 17.070 acre tract, the following courses and distances: South 41°38'35" West, a distance of 25.32 feet to a point for corner; South 62°23'05" West, a distance of 74.71 feet to a point for corner; South 63°16'45" West, a distance of 46.88 feet to a point for corner; South 60°27'45" West, a distance of 36.25 feet to a point for corner; South 59°53'36" West, a distance of 29.79 feet to a point for corner; South 56°31'38" West, a distance of 28.94 feet to a point for corner; South 53°35'52" West, a distance of 60.89 feet to a point for corner; South 50°17'17" West, a distance of 31.83 feet to a point for corner; South 46°18'44" West, a distance of 31.30 feet to a point for corner; South 44°23'42" West, a distance of 33.07 feet to a point for corner; South 40°37'21" West, a distance of 32.29 feet to a point for corner; South 78°39'41" West, a distance of 42.01 feet to a point for corner; North 68°40'25" West, a distance of 41.63 feet to a point for corner; South 71°30'37" West, a distance of 47.59 feet to a point for corner; South 39°09'08" West, a distance of 42.46 feet to a point for corner; South 21°43'06" West, a distance of 42.39 feet to a point for corner; South 27°17'06" West, a distance of 36.07 feet to a point for corner; South 35°37'35" West, a distance of 35.68 feet to a point for corner; South 32°14'45" West, a distance of 37.49 feet to a point for corner; South 25°12'34" West, a distance of 85.30 feet to a point for corner; South 46°44'58" West, a distance of 42.18 feet to a point for corner; South 71°49'34" West, a distance of 42.89 feet to a point for corner; South 87°47'30" West, a distance of 47.42 feet to a point for corner; North 78°42'49" West, a distance of 45.72 feet to a point for corner; North 57°26'29" West, a distance of 44.71 feet to a point for corner; North 47°21'25" West, a distance of 45.17 feet to a point for corner; North 41°16'16" West, a distance of 44.92 feet to a point for corner; North 79°16'06" West, a distance of 46.36 feet to a point for corner; South 61°42'33" West, a distance of 42.39 feet to a point for corner; South 00°00'00" East, a distance of 45.45 feet to a point for corner; South 21°42'25" East, a distance of 44.11 feet to a point for corner; South 33°01'59" East, a distance of 45.17 feet to a point for corner; South 46°40'14" East, a distance of 44.26 feet to a point for corner; South 31°27'25" East, a distance of 38.89 feet to a point for corner; South 13°16'01" West, a distance of 44.03 feet to a point for corner; South 26°26'57" West, a distance of 49.23 feet to a point for corner; South 24°35'01" West, a distance of 57.69 feet to a point for corner; South 32°19'20" West, a distance of 44.83 feet to a point for corner; South 45°22'19" West, a distance of 49.31 feet to a point for corner; South 15°05'05" West, a distance of 44.34 feet to a point for corner; South 12°20'28" West, a distance of 47.05 feet to a point for corner; South 51°32'13" East, a distance of 47.72 feet to a point for corner; South 55°21'56" East, a distance of 46.41 feet to a point for corner; South 49°57'16" East, a distance of 45.99 feet to a point for corner; South 55°15'58" East, a distance of 45.45 feet to a point for corner; South 49°03'19" East, a distance of 25.79 feet to a point for corner; South 23°24'18" East, a distance of 45.63 feet to a point for corner; South 10°19'41" West, a distance of 47.19 feet to a point for corner; South 25°15'46" West, a distance of 48.85 feet to a point for corner; South 21°39'53" West, a distance of 44.51 feet to a point for corner; South 28°24'27" West, a distance of 26.50 feet to a point for corner; South 55°15'28" West, a distance of 49.81 feet to a point for corner; South 75°22'42" West, a distance of 44.43 feet to a point for corner; South 69°07'57" West, a distance of 44.61 feet to a point for corner; South 49°24'01" West, a distance of 41.71 feet to a point for corner; South 06°59'05" East, a distance of 46.31 feet to a point for corner; South 35°51'45" East, a distance of 46.30 feet to a point for corner; South 32°06'53" East, a distance of 49.72 feet to a point for corner; South 14°50'58" East, a distance of 44.18 feet to a point for corner; South 28°25'20" West, a distance of 42.52 feet to a point for corner; South 67°49'43" West, a distance of 46.70 feet to a point for corner; South 79°32'39" West, a distance of 40.33 feet to a point for corner; South 81°37'04" West, a distance of 49.99 feet to a point for corner; South 78°01'30" West, a distance of 36.45 feet to a point for corner; South 05°35'13" East, a distance of 47.57 feet to the southernmost southeast corner of said 17.070 acre tract, being on the westerly line of said Tract 2 and the easterly line of aforesaid 189.695 acre tract; THENCE North 85°47'35" East, along the westerly line of said Tract 2 and the easterly line of said 189.695 acre tract, a distance of 194.03 feet to an ell corner of said Tract 2, common to a northeast corner of said 189.695 acre tract; THENCE South 03°27'59" East, continuing along the westerly line of said Tract 2 and the easterly line of said 189.695 acre tract, a distance of 515.78 feet to the northerly southeast corner of said 189.695 acre tract, common to the north corner of a called 1.84-acre tract of land described in a certified copy of probate to Walter C. Fain, recorded in Document No. 2004-95008, said Official Records; THENCE South 40°46'41" West, departing said westerly line, and along the northwesterly line of said 1.84-acre tract, same being the southeasterly line of said 189.695-acre tract, a distance of 552.51 feet to the southwest corner of said 1.84-acre tract, also being on the northerly line of a called 23.507 acre tract of land described as Tract 3 in a deed to Town of Prosper, as recorded in Instrument No. 2022-69025, said Official Records; THENCE South 89°21'41" West, along the northerly line of said Tract 3, and said southerly line, a distance of 1,002.31 feet to the northwest corner of said Tract 3 and the easternmost northeast corner of the Middle School #9 Addition, recorded in Instrument No. 2023-375, said Plat Records; THENCE South 89°17'30" West, continuing along said southerly line, and along the northerly line of said Middle School #9 Addition, a distance of 363.42 feet to the southwest corner of said 189.695-acre tract, common to an ell corner of said Middle School #9 Addition; THENCE along the westerly line of said 189.695-acre tract, and the easterly line of said Middle School addition, and a called Tract 1 and a called Tract 2, described in a deed to VEE Prosper Oaks, LLC, recorded in Instrument No. 2022-53773, said Official Records, and the aforesaid 91.001-acre tract, the following courses and distances: North 00°13'22" East, a distance of 978.26 feet to an ell corner of said Tract 2, common to the southernmost northwest corner of said 189.695-acre tract; North 89°01'33" East, a distance of 470.85 feet to an ell corner of said 189.695-acre tract; North 00°28'00" West, a distance of 720.06 feet to the northeast corner of said Tract 2, common to the southeast corner of said Tract 1; North 00°32'18" West, a distance of 486.36 feet to the northeast corner of said Tract 1, common to the southeast corner of said 91.001-acre tract; North 00°32'33" West, a distance of 2,725.96 feet to the POINT OF BEGINNING and containing 8,350,022 square feet or 191.690 acres of land, more or less. I L OETATS SAX ETF D S U R V E YORL A N E S S ALP ROF O NR E G ISTERE D SYLVIANA GUNAWAN 6461 SYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com N.T.S.VICINITY MAP SITE U.S. 380 FISHTRAP ROAD PARVIN ROAD DALLAS PKWYDALL A S N O R T H TOLL W A YF.M. 1385FIRST STREET LEGACY DR.DEVELOPER: Toll Southwest, LLC. 2555 SW Grapevine Parkway Grapevine, TX 76051 Ph: (817) 329-7973 contact: Mike Boswell ENGINEER: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Casey Ross, P.E. Page 608 Item 17. Comprehensive Plan Amendment Prosper Oaks (COMP-24-0002) Page 609 Item 17. Agenda Item Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to High Density Residential, on 191.7± acres, located on the south side of Parvin Road and 2,070±feet east of FM 1385. (COMP- 24-0002) Page 610 Item 17. Proposal Purpose: •Construct a maximum of 525 age-restricted single-family homes on 191.7 acres (175.6 net acres). •Lot sizes ranging from 7,500 square feet to 10,000 square feet with an overall density of 3.0 units per acre. Page 611 Item 17. Page 612 Item 17. Future Land Use Plan Medium Density Residential (Current Designation): •Recommends single-family detached dwelling units on lots ranging from 12,500 square feet to 20,000 square feet. •Neighborhoods may have a variation of lot sizes provided that the density is within 1.6 to 2.5 dwellings units per acre. High Density Residential (Proposed Designation): •Recommends single-family detached dwelling units on lots that are smaller than 10,000 square feet. •Neighborhoods have a density greater than 2.5 units per acre. Page 613 Item 17. Page 614 Item 17. Comprehensive Factors Criterion #1: •Will the proposed change enhance the site and the surrounding area? •“The community sits adjacent to the Doe Branch corridor which provides an abundance of open space not previously accessible to the public. A system of trails and open space enhancements will be elements constructed within the community to connect residents to the Doe Branch ecosystem. The community will be designed in accordance with the zoning and subdivision standards of the Town of Prosper; moreover, the attached Planned Development District will further layout the overall concept for the Prosper Oaks community with its amenities.” Page 615 Item 17. Comprehensive Factors Cont. Criterion #2: •Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map? •“The east portion of the tract aligns with the Future Land Use Plan while the west portion of the tract fulfills a need for senior housing in the Town of Prosper. The proposed uses are in separate school districts, but the entire neighborhood will be marketed and branded as one community.” Page 616 Item 17. Comprehensive Factors Cont. Criterion #3: •Will the proposed use impact adjacent residential areas in a negative manner? •Not Answered. Page 617 Item 17. Comprehensive Factors Cont. Criterion #4: •Will the proposed use be compatible with and/or enhance adjacent residential uses? •“The residential uses do not change. Moreover, it creates two residential markets (i.e. market rate and age-qualified), thus accelerating completion of the trails systems and providing access to the open spaces along Doe Branch.” Page 618 Item 17. Comprehensive Factors Cont. Criterion #5: •Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility? •“The community will be branded and operated in the same manner. It is currently surrounded and adjacent to both institutional and single-family residential. The compatibility will be carried through in the zoning documents and by way of developing in accordance with the development standards and regulations of the Town of Prosper.” Page 619 Item 17. Comprehensive Factors Cont. Criterion #6: •Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community? •“No, the change seeks to add public tax base, while at the same time offering a community that fills needed segment of age-qualified, senior housing, capitalizing on a property that is uniquely split between two school districts (i.e. PISD and DISD).” Page 620 Item 17. Comprehensive Factors Cont. Criterion #7: •Would it contribute to the Town’s long-term economic stability? •Not Answered. Page 621 Item 17. Page 622 Item 17. Recommendation Town Staff: •Approval, if zoning case is approved. •Denial, if zoning case is denied. Planning & Zoning Commission: •Denial (4-0) •Due to recommending denial for the associated zoning case. 5 Page 623 Item 17.