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07.10.18 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. 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.) 4a. Consider and act upon minutes from the following Town Council meetings. (RB) • Special Called Meeting – June 25, 2018 • Regular Meeting – June 26, 2018 4b. Consider and act upon an ordinance establishing Planned Development-86 (PD- 86), for Brookhollow Centre, on 395.8± acres, generally located on the north side of US 380 and the west side of Custer Road. (Z18-0001) (AG) 4c. Consider and act upon an ordinance establishing Planned Development-87 (PD- 87), for Lakewood, on 236.5± acres, located on the east side of Coit Road, 3,000± feet north of US 380. (Z18-0001) (AG) 4d. Consider and act upon an ordinance establishing Planned Development-88 (PD- 88), for the Harlan Properties, Inc. tract, on 45.0± acres, located on the south side of First Street, 2,000± feet west of Custer Road. (Z18-0001) (AG) 4e. Consider and act upon an ordinance establishing Planned Development-89 (PD- 89), for the Grace Academy of North Texas tract, on 22.7± acres, located on the southwest corner of First Street and Custer Road. (Z18-0001) (AG) 4f. Consider and act upon an ordinance establishing Planned Development-90 (PD- 90), for Brookhollow North, on 647.7± acres, located north of US 380, east of Coit Road, west of Custer Road, and north and south of First Street. (Z18-0001) (AG) 4g. Consider and act upon and ordinance amending Planned Development-67 (PD- 67), on 78.5± acres, located on the northwest corner of Preston Road and Richland Boulevard, generally to modify the development standards (Z18-0003). (AG) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 10, 2018 6:00 p.m. Page 2 of 4 4h. Consider and act upon ratifying the Town Manager’s signature on the Windsong Ranch Park Facilities Agreement dated November 30, 2015, and to authorize the Town Manager to approve all future amendments. (DR) 4i. Consider and act upon ratifying the Town Manager’s signature on the Frontier Estates Park Facilities Agreement dated December 19, 2013, and to authorize the Town Manager to approve all future amendments. (DR) 4j. Consider and act upon ratifying the Town Manager’s signature on the Lakes of Prosper North Park Facilities Agreement dated December 19, 2013, and to authorize the Town Manager to approve all future amendments. (DR) 4k. Consider and act upon ratifying the Town Manager’s signature on the Lakewood f/k/a Meadowbrook Park Facilities Agreement dated June 9, 2016, and to authorize the Town Manager to approve all future amendments. (DR) 4l. Consider and act upon ratifying the Town Manager’s signature on the Tanner’s Mill Park Facilities Agreement dated December 9, 2014, and to authorize the Town Manager to approve all future amendments. (DR) 4m. Consider and act upon ratifying the Town Manager’s signature on The Village at Prosper Trail, Phase II Park Facilities Agreement dated January 6, 2014, and to authorize the Town Manager to approve all future amendments. (DR) 4n. Consider and act upon an Ordinance granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property for the Town of Prosper, Texas, providing for compensation therefor, and providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its successors and assigns. (CS) 5. 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 Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 2.7± acres, from Agricultural (A) to Single Family-Estate (SF-E), located on the northeast corner of Hays Road and Prestonview Drive. (Z18-0005). (AG) Page 3 of 4 7. Conduct a Public Hearing, and consider and act upon a request to amend the Old Town Inset Map of the Future Land Use Plan from Old Town Core – Single Family to Old Town Core – Retail, located on the east side of Coleman Street, between Fifth Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and MD18-0003] (AG) 8. Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Retail (DTR), located on the southeast corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18-0001 and MD18-0003] (AG) DEPARTMENT ITEMS: 9. Consider and act upon a request for a Façade Exception for Cornerstone, located on the southeast corner of Seventh Street and Coleman Street. (MD18-0003). [Companion Cases CA18-0001 and Z18-0002] (AG) 10. Presentation on the Town’s use of social media. (RB) 11. Consider and act upon approving a Facility Manager Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. (CS) 12. Discussion regarding new Geographic Information System (GIS) mapping application. (AG) 13. Discussion regarding a Sponsorship Policy for parks, and areas that the Parks and Recreation Department oversees. (DR) 14. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the design of the First Street/DNT Intersection Improvements project. (PA) 15. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Lee Engineering, Inc., and the Town of Prosper, Texas, related to the Preston Road Signal Timing Study. (PA) 16. 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: 16a. Section 551.087 – To discuss and consider economic development incentives. 16b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 17. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 4 of 4 18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • SH 289 Gateway Monument Bid (DR) • Amend Garage Sale Ordinance and Zoning Ordinance in Relation to New Sign Ordinance. (JW) 19. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, July 6, 2018, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Page 1 of 2 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Kenneth Dugger Councilmember Jeff Hodges Council Members Absent: Councilmember Mike Korbuly Councilmember Meigs Miller Staff Members Present: Robyn Battle, Town Secretary/PIO Chuck Springer, Executive Director of Administrative Services 2.Consider and act upon an ordinance canvassing the returns and declaring the results of the June 16, 2018, Runoff Election. (RB) Town Secretary/PIO Robyn Battle presented this item before the Town Council. The Collin County and Denton County Early Voting Ballot Boards have reconvened and completed their count of provisional ballots. Ms. Battle presented the results of the election. The Town Charter states that the candidate for elective office receiving a majority of the votes cast shall be declared the winner; therefore, Ms. Battle certified that Craig Andres has been duly elected to Town Council Place 2. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to adopt Ordinance No. 18-41 canvassing the returns and declaring the results of the June 16, 2018, Runoff Election. The motion was approved by a vote of 5-0. 3. Adjourn. The meeting was adjourned at 6:01 p.m., on Monday, June 25, 2018. These minutes approved on the 10th day of July 2018. MINUTES Meeting of the Prosper Town Council Special Meeting to Canvass Election Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Monday, June 25, 2018 Item 4a(i) Page 2 of 2 APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a(i) Page 1 of 10 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:03 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Terrence Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Pete Anaya, Deputy Director of Engineering Services Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Kala Smith, Human Resources Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Kenneth Dugger led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3.Announcements of recent and upcoming events. Councilmember Hodges read the following announcements: The Prosper Parks and Recreation Department and the Prosper Community Library are teaming up for a “Fun Friday - Art in the Park” on Saturday, June 29, at 10:00 a.m. at Frontier Park Pavilion. This year’s program is all about experimenting with color, so participants should bring an item to tie-dye. All ages are welcome. MINUTES Meeting of the Prosper Town Council, Board of Directors of the Town of Prosper Crime Control and Prevention District, and Board of Directors of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 June 26, 2018 Item 4a(ii) Page 2 of 10 Library and Parks & Recreation programs will continue all summer. Check the Town website and prosperparksandrec.org for more information. Prosper’s Pride in the Sky event will take place on Tuesday, July 3, at Frontier Park starting at 5:00 p.m. The annual Independence Day event will feature live music, a charity softball game, food trucks, vendors, and a kid zone. Bring your blankets and lawn chairs and enjoy the fireworks. Town Offices will be closed in observance of the Independence Day Holiday on Wednesday, July 4. The Town Council wishes everyone a safe a happy Fourth of July. 4. Presentations. • Administer Oath of Office and Present Certificate of Election to Craig Andres, Town Council Place 2. (RB) Town Secretary/PIO Robyn Battle administered the Oath of Office to Craig Andres. Mayor Smith presented Councilmember Andres with a Certificate of Election. • Present a Plaque of Appreciation to Councilmember Kenneth Dugger. (RB) Mayor Smith presented a plaque of appreciation to Kenneth Dugger for his service as Town Councilmember, Place 2, from 2007-2018. 5. 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.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – June 12, 2018 5b. Receive the April Financial Report. (KN) 5c. Consider and act upon Ordinance No. 18-42 amending Section VIII, "Miscellaneous," of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances related to Library Fees. (LS) 5d. Consider and act upon Resolution No. 18-43 appointing a Board of Directors to the Town of Prosper Crime Control and Prevention District. (CS) 5e. Consider and act upon Resolution No. 18-44 appointing a Board of Directors to the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District. (CS) 5h. Consider and act upon whether to direct staff to submit a written notice of appeal 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 Item 4a(ii) Page 3 of 10 Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Councilmember Hodges removed Items 5f and 5g from the Consent Agenda. Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 7-0. 5f. Consider and act upon an Order No. 2018-01 of the Town Council acting as the Board of Directors of the Town of Prosper Crime Control and Prevention District, authorizing the imposition of the Local Sales Tax on Telecommunication Services. (CS) 5g. Consider and act upon an Order No. 2018-02 of the Town Council acting as the Board of Directors of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District, authorizing the imposition of the Local Sales Tax on Telecommunication Services. (CS) Chuck Springer, Executive Director of Development and Community Services, responded to a question from the Town Council confirming that the local sales tax for the two Districts is not a new tax. The quarter-cent sales tax for each District was authorized by the Special Election held in May that redistributed the half-cent sales tax that was previously dedicated to property tax relief. Councilmember Hodges made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approved Item 5f and Item 5g. The motion was approved by a vote of 7-0. 6. 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 Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. There were no Citizen Comments. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon a resolution of the Town Council acting as the Board of Directors of the Town of Prosper Crime Control and Item 4a(ii) Page 4 of 10 Prevention District, authorizing the imposition of the Crime Control and Prevention District Sales and Use Tax at the rate of one-fourth of one percent on Gas and Electricity Services for residential use. (CS) Chuck Springer, Executive Director of Administrative Services, presented this item before the Town Council. The proposed resolution will allow for the collection of sales tax on residential gas and electricity services for the Town of Prosper Crime Control and Prevention District. Mr. Springer confirmed that the sales tax collected on gas and electricity services is not a new tax, but a redistribution of sales tax that was previously dedicated to property tax relief. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to adopt Resolution No. 18-45 of the Town Council acting as the Board of Directors of the Town of Prosper Crime Control and Prevention District, authorizing the imposition of the Crime Control and Prevention District Sales and Use Tax at the rate of one-fourth of one percent on Gas and Electricity Services for residential use. The motion was approved by a vote of 7-0. 8. Conduct a Public Hearing, and consider and act upon a resolution of the Town Council acting as the Board of Directors of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District, authorizing the imposition of the Fire Control, Prevention, and Emergency Services District Sales and Use Tax at the rate of one-fourth of one percent on Gas and Electricity Services for residential use. (CS) Chuck Springer, Executive Director of Administrative Services, presented this item before the Town Council. The proposed resolution will allow for the collection of sales tax on residential gas and electricity services for the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Hodges made a motion and Councilmember Miller seconded the motion to adopt Resolution No. 18-46 of the Town Council acting as the Board of Directors of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District, authorizing the imposition of the Fire Control, Prevention, and Emergency Medical Services District Sales and Use Tax at the rate of one-fourth of one percent on Gas and Electricity Services for residential use. The motion was approved by a vote of 7-0. 9. Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-67 (PD-67), on 78.5± acres, located on the northwest corner of Preston Item 4a(ii) Page 5 of 10 Road and Richland Boulevard, generally to modify the development standards (Z18- 0003). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The purpose of the proposed PD amendment is to modify the drive-through restaurant and architectural development standards, to provide concept renderings for Phase 2, and to update the conceptual layout. Mr. Glushko reviewed the details of the proposed amendment, which include a clarification in the number of drive-through restaurants for the development, an increase in sign height for a hotel, and modifications to standards for secondary materials. Conceptual renderings and a conceptual layout for Phase 2 of the development will be incorporated into the PD. Scott Shipp, representing Blue Star Land, the developer, spoke in favor of the request, and provided additional details on the reasons for the requested PD amendment. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Mr. Glushko noted Town staff’s recommendation that the conceptual layout be modified to reduce the number of pad sites on the west side of Preston to achieve a more open feel that mimics the east side of Preston. He also confirmed that the conceptual plan will serve as a guiding document for staff. Site plans submitted by the developer will be required to generally conform to the conceptual plan. Mr. Shipp returned to the podium and explained that while the storefronts along Preston will be slightly below grade, they will still be visible and accessible from Preston Road. He also noted that the increase in height for a hotel will allow for a full-service hotel on the site. Responding to a question from the Town Council, Mr. Shipp stated that the retention pond on the existing conceptual layout was eliminated due to interference with underground fiber optic cable. After discussion, Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to approve the request to amend PD-67 as submitted by the applicant. The motion was approved by a vote of 7-0. 10. Conduct a Public Hearing, and consider and act upon a request to amend the Old Town Inset Map of the Future Land Use Plan from Old Town Core – Single Family to Old Town Core – Retail, located on the east side of Coleman Street, between Fifth Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and MD18-0003] (AG) Mayor Smith opened Items 10, 11, and 12 concurrently. 11. Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Retail (DTR), located on the southeast corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18- 0001 and MD18-0003] (AG) Item 4a(ii) Page 6 of 10 DEPARTMENT ITEMS: 12. Consider and act upon a request for a Façade Exception for Cornerstone, located on the southeast corner of Seventh Street and Coleman Street. (MD18-0003). [Companion Cases CA18-0001 and Z18-0002 (AG) The applicant has requested Items 10, 11, and 12 be tabled to the July 10, 2018, Town Council meeting. Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to table Items 10, 11, and 12 to the July 10, 2018, Town Council meeting. The motion was approved by a vote of 7-0. 13. Consider all matters incident and related to the issuance and sale of Town of Prosper, Texas, General Obligations Bonds, Series 2018, including the adoption of an ordinance authorizing the issuance of such Bonds, approving an Official Statement, a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel. (KN) Finance Director Kelly Neal introduced Jason Hughes of First Southwest, the Town’s financial advisor. Mr. Hughes briefed the Council on the competitive auction method used to determine the bond rates. The Town holds AA+ and AA1 bond ratings, which are the second highest available. After discussion, Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to adopt Ordinance No. 18-47 authorizing the issuance and sale of Town of Prosper, Texas, General Obligation Bonds, Series 2018, and approve all other matters related thereto. The motion was approved by a vote of 7-0. 14. Consider all matters incident and related to the issuance and sale of Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2018, including the adoption of an ordinance authorizing the issuance of such Certificates, approving an Official Statement, a Paying Agent/Registrar Agreement, and an engagement letter of Bond Counsel. (KN) Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the motion to adopt Ordinance No. 18-48 authorizing the issuance and sale of Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2018, and approve all other matters related thereto. The motion was approved by a vote of 7-0. 15. Consider and act upon authorizing the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas, and New Cingular Wireless PCS, LLC, for the lease of Town property, generally located at 1551 Frontier Parkway in Frontier Park, for a cell tower. (CS) Chuck Springer, Executive Director of Administrative Services, presented this item before the Town Council. New Cingular Wireless, LLC, d/b/a AT&T, approached Town staff to discuss a cell tower at Frontier Park in conjunction with a light pole. The 100-foot tower will be replacing an existing light pole at the park. The new tower will contain lighting with cellular antennas above the lighting. Item 4a(ii) Page 7 of 10 Councilmember Korbuly expressed concern with the proposed annual lease amount, since existing leases for cell towers on the Town’s water towers typically generate higher revenue. The Council also asked for confirmation that the pole would be for a single carrier. David Prejean, representing AT&T, confirmed that the proposal is for a single- carrier pole, which would be enclosed by a brick fence. The additional pole would improve capacity and coverage for AT&T customers in the area. The Council requested that should the agreement be approved, Town staff should attempt to find another location for the existing pole. After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to table the item. The motion was approved by a vote of 7-0. 16. Consider and act upon authorizing the Town Manager to execute an agreement between the Town of Prosper, Texas, and Brown Reynolds Watford Architects (BRW), related to architectural and engineering design services for the Public Safety Complex, Phase 1 (Police Station and Dispatch) Facility. (HW) Hulon Webb, Executive Director of Development and Community Services, introduced representatives from BRW Architects, who presented the item before the Town Council. Three façade options were presented based on feedback from a previous presentation to Council, and input from Town staff. The Council preferred New Option C, which was also Town staff’s recommendation. The design incorporates some elements of Fire Station 2, which can be continued with future Town facilities. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve an agreement between the Town of Prosper, Texas, and Brown Reynolds Watford Architects (BRW), related to architectural and engineering design services for the Public Safety Complex, Phase 1 (Police Station and Dispatch) Facility. The motion was approved by a vote of 7-0. 17. Consider and act upon an ordinance amending Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances by replacing said article with a new Article 3.14, “Signs,” and extending the Town’s Sign Ordinance and Regulations to the Town’s Extraterritorial Jurisdiction. (MD17-0009) (JW) Development Services Director John Webb presented this item before the Town Council. The United States Supreme Court issued an opinion in 2015 that drastically affected the authority of local governments to regulate signs. Additionally, Town staff is recommending amendments to several sections of the sign code that will help balance the need for property/business identification versus the desire to minimize visual clutter and distractions to drivers. Mr. Webb reviewed the details of the proposed ordinance. The Town Council inquired about the Town using a community message board to advertise events. Town Attorney Terry Welch responded that the Town may advertise Town-sponsored events, but the Town does not have the authority to selectively allow certain content from other organizations. Mr. Webb confirmed that under the proposed ordinance, garage sale signs would only be permitted on the property where the garage sale is held. Responding to a question from the Council, Mr. Welch responded that signs placed on school property by churches leasing space from a school district are not considered governmental signs, and are not permitted in the public right-of-way. Item 4a(ii) Page 8 of 10 George Dupont, 1400 Harvest Ridge Lane, did not wish to speak, but submitted a Public Meeting Appearance Card in support of the item. After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve Ordinance No. 18-49 amending Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances by replacing said article with a new Article 3.14, “Signs,” and extending the Town’s Sign Ordinance and Regulations to the Town’s Extraterritorial Jurisdiction. The motion was approved by a vote of 7-0. 18. Discussion on non-residential and multi-family zoning and development standards. (JW) Planning Manager Alex Glushko presented this item before the Town Council. He reviewed Town staff’s recommendations for changes to non-residential and multi-family zoning and development standards. The Council expressed support for additional brick patterning and window detailing on non-residential structures, and brick and stone exterior requirements for multi-family developments. A proposed ordinance will be brought forward for Council consideration at a future meeting. 19. 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: 19a. Section 551.087 – To discuss and consider economic development incentives. 19b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 19c. Section 551.074 – To discuss and consider election of Mayor Pro-Tem and Deputy Mayor Pro-Tem. The Town Council recessed into Executive Session at 8:30 p.m. 20. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:06 p.m. Councilmember Korbuly made a motion and Councilmember Miller seconded the motion to appoint Curry Vogelsang, Jr. as Mayor Pro-Tem, and Jason Dixon as Deputy Mayor Pro-Tem. The motion was approved by a vote of 7-0. 21. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Council Subcommittee Membership (RB) Item 4a(ii) Page 9 of 10 Town Secretary/PIO Robyn Battle reviewed the purpose and scope of the four Town Council Subcommittees. The Council appointed the following individuals to the subcommittees: • Council Technology/VERF Subcommittee – Meigs Miller and Craig Andres • Council Finance Subcommittee – Mayor Smith, Curry Vogelsang, Jr., and Jason Dixon • Council Benefits Subcommittee – Jason Dixon, Curry Vogelsang, Jr., and Jeff Hodges • Executive Development Team (EDT) – Mayor Smith, Jason Dixon, and Meigs Miller • Janitorial and Maintenance Services for Town Hall (CS) Chuck Springer, Executive Director of Administrative Services, briefed the Council on janitorial and maintenance services for the new Town Hall facility. A contract will be brought forward for Town Council consideration at the July 10, 2018, Town Council meeting. • Traffic Signal Updates (PA) Pete Anaya, Deputy Director of Engineering, updated the Council on traffic signal installations throughout the Town. A contract to sequence the signals along Preston Road will be brought forward for Town Council consideration at the July 10, 2018, Town Council meeting. • Post Office (HW) Hulon Webb, Executive Director of Development and Community Services, presented information on potential sites for a Post Office facility, following the presentation by a Post Office representative at the June 12, 2018, Town Council meeting. Town staff recommended the Town submit feedback to the Post Office in the form of a letter from Mayor Smith expressing a preference that the new facility be located near the railroad track, north of downtown. The Council concurred with the recommendation. • Amend Food Establishment Ordinance Regarding Pets on Restaurant Patios (JW) John Webb briefed the Council on the Town’s existing ordinance regarding pets on restaurant patios, which is currently not permitted. Due to the recent popularity of neighboring communities allowing pets on patios, Town staff was directed to research the issue and provide a recommendation and draft regulations at a future Town Council meeting. Councilmember Hodges requested Town staff develop a public safety announcement regarding safety during police traffic stops, due to recent reports of individuals impersonating police officers. Councilmember Dixon requested Town staff investigate high weeds and grass along Lovers Lane. Town staff will ensure the HOA is notified. Item 4a(ii) Page 10 of 10 Councilmember Korbuly inquired about the number of daycares in Town, and whether the Town would benefit from a market study. Development Services Director John Webb replied that developers typically conduct their own market studies prior to initiating a project. Councilmember Dixon requested Town staff investigate the progress on the memory care facility and whether sod will be installed on Lot 4 of the development. Town staff will investigate and provide additional information at a later date. 22. Adjourn. The meeting was adjourned at 9:41 p.m., on Tuesday, June 26, 2018. These minutes approved on the 10th day of July 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a(ii) Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an ordinance establishing Planned Development-86 (PD-86), for Brookhollow Centre, on 395.8± acres, generally located on the north side of US 380 and the west side of Custer Road. (Z18-0001) Description: On June 12, 2018, the Town Council approved the proposed rezoning request by a vote of 7-0. An ordinance has been prepared accordingly. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance establishing Planned Development-86 (PD-86), for Brookhollow Centre, on 395.8± acres, generally located on the north side of US 380 and the west side of Custer Road. Prosper is a place where everyone matters. PLANNING Item 4b TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, ORDINANCE NO. 06-73, AND ORDINANCE NO. 08-014, BY REZONING A TRACT OF LAND CONSISTING OF 395.839 ACRES, MORE OR LESS, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT 411, AND THE LARKIN MCCARTY SURVEY, ABSTRACT 600, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25 (PD-25) AND PLANNED DEVELOPMENT-39 (PD-39) TO PLANNED DEVELOPMENT-86 (PD-86); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from 104 and 310 Prosper (“Applicant”), to rezone 395.839 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract 411, and the Larkin McCarty Survey, Abstract 600, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town’s Zoning Ordinance, Ordinance No. 06-73, and Ordinance No. 08-014. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 06- 73, and Ordinance No. 08-014, are amended as follows: The zoning designation of the below- described property containing 395.839 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract 411, and the Larkin McCarty Survey, Abstract 600, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-86 (PD-86). The property Item 4b Ordinance No. 18-__, Page 2 as a whole and the boundaries for each zoning classification are more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E"; and 5) the design guidelines, attached hereto as Exhibit "F", which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Item 4b Ordinance No. 18-__, Page 3 Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4b Brookhollow Centre Planned Development-86 in the TOWN OF PROSPER, TEXAS JULY 2018 Page 1 Item 4b EXHIBIT “A” LEGAL DESCRIPTION TRACT A (395.8 ACRES) Page 2 Item 4b AREA 86-A LEGAL DESCRIPTION 395.839 ACRES BEING a tract of land located in the JERIMIAH HORN SURVEY, ABSTRACT NO. 411, and the LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, Collin County, Texas, being all of that tract of land described as Tracts 1 and 3, as conveyed in Deed to 310 Prosper, L.P., according to the document filed of record in Volume 5823, Page 3462, Deed Records, Collin County, Texas, and being part of that tract of land described as Tract 2 as conveyed in Deed to 310 Prosper, L.P., according to the document filed of record in Volume 5823, Page 3462, Deed Records, Collin County, Texas, and being all of that tract of land conveyed in Deed to 310 Prosper, L.P., according to the document filed of recorded in Volume 5900, Page 1602, Deed Records, Collin County, Texas, and being all of that tract of land conveyed in Deed to 104 Prosper, L.P., according to the document filed of record in Document Number 20100607000574430, Official Public Records, Collin County, Texas, and being part of that tract of land conveyed in Deed to 55 Prosper, L.P., according to the document filed of record in Document Number 20120111000035080, Official Public Records, Collin County, Texas, and being more particularly described as follows; BEGINNING at a point in the approximate centerline of Custer Road, a variable width right-of- way; THENCE S 00° 34' 28" E, with said approximate centerline, a distance of 2,771.52 feet; THENCE S 89° 06' 14" W, leaving said approximate centerline , a distance of 45.00 feet to a point for the north corner of a corner clip; THENCE S 44° 33' 13" W, with said corner clip, a distance of 70.36 feet to a point for the south corner of a corner clip; THENCE S 00° 17' 15" E, a distance of 26.25 feet; THENCE S 89° 22' 45" W, a distance of 344.77 feet; THENCE S 00° 20' 51" E, a distance of 435.32 feet to a 1/2 inch yellow plastic stamped “RPLS 709” found; THENCE N 89° 28' 32" E, a distance of 438.30 feet to a point in the above mentioned approximate centerline; THENCE S 00° 07' 58" E, with said center line, a distance of 808.41 feet; THENCE S 89° 28' 54" W, leaving said centerline, a distance of 644.99 feet; THENCE N 09° 55' 53" W, a distance of 273.05 feet; THENCE S 89° 26' 19" W, a distance of 702.93 feet; Page 3 Item 4b THENCE S 19° 16' 47" W, a distance of 235.79 feet; THENCE S 05° 59' 25" W, a distance of 165.13 feet; THENCE S 16° 14' 51" E, a distance of 275.59 feet; THENCE S 01° 54' 22" W, a distance of 192.92 feet; THENCE S 07° 35' 26" W, a distance of 470.86 feet; THENCE S 27° 09' 20" W, a distance of 359.64 feet; THENCE S 10° 51' 35" E, a distance of 553.55 feet to a point in the approximate center line of Highway 380, a variable width right-of-way; THENCE S 89° 30' 05" W, with said approximate centerline, a distance of 3,778.28 feet; THENCE N 00° 22' 26" W, leaving said approximate centerline, a distance of 1,883.47 feet; THENCE N 89° 56' 23" E, a distance of 848.07 feet to a point in the approximate centerline of a creek; THENCE With said approximate centerline, the following courses and distances: N 14° 37' 33" W, a distance of 12.02 feet; N 04° 05' 14" E, a distance of 36.55 feet; N 04° 05' 14" W, a distance of 36.55 feet; N 07° 07' 39" W, a distance of 20.99 feet; N 48° 15' 00" E, a distance of 48.88 feet; N 47° 52' 21" E, a distance of 36.88 feet; N 43° 16' 29" E, a distance of 30.40 feet; N 73° 44' 43" E, a distance of 65.12 feet; S 72° 15' 41" E, a distance of 34.18 feet; S 67° 31' 40" E, a distance of 40.87 feet; S 50° 12' 16" E, a distance of 30.51 feet; Page 4 Item 4b S 21° 48' 30" E, a distance of 28.05 feet; S 04° 14' 17" E, a distance of 35.25 feet; S 15° 15' 37" E, a distance of 29.69 feet; S 14° 56' 12" E, a distance of 20.21 feet; S 47° 18' 03" E, a distance of 23.04 feet; N 53° 08' 24" E, a distance of 39.07 feet; N 33° 41' 58" E, a distance of 28.17 feet; N 39° 28' 57" E, a distance of 57.35 feet; N 50° 54' 58" E, a distance of 26.85 feet; N 08° 44' 58" E, a distance of 34.25 feet; N 57° 10' 51" W, a distance of 48.04 feet; N 47° 44' 11" W, a distance of 38.72 feet; N 36° 07' 45" W, a distance of 59.64 feet; N 05° 54' 30" W, a distance of 37.96 feet; N 66° 15' 29" E, a distance of 35.57 feet; S 71° 07' 13" E, a distance of 52.30 feet; S 58° 10' 54" E, a distance of 44.45 feet; S 64° 43' 49" E, a distance of 51.85 feet; N 67° 27' 51" E, a distance of 74.73 feet; N 73° 40' 10" E, a distance of 78.71 feet; N 35° 26' 35" E, a distance of 83.10 feet; N 15° 15' 38" W, a distance of 29.69 feet; N 06° 00' 39" W, a distance of 24.87 feet; Page 5 Item 4b N 63° 26' 35" E, a distance of 23.30 feet; N 83° 59' 35" E, a distance of 24.88 feet; N 55° 01' 04" E, a distance of 15.90 feet; N 04° 58' 18" W, a distance of 30.06 feet; N 10° 18' 30" W, a distance of 29.11 feet; N 74° 56' 12" W, a distance of 35.07 feet; N 79° 53' 38" W, a distance of 71.89 feet; N 36° 34' 59" W, a distance of 19.68 feet; N 28° 30' 15" W, a distance of 20.30 feet; N 03° 34' 39" W, a distance of 24.52 feet; N 10° 29' 42" E, a distance of 14.00 feet; N 59° 45' 09" E, a distance of 21.25 feet; N 75° 58' 07" E, a distance of 29.43 feet; N 86° 54' 25" E, a distance of 56.69 feet; N 74° 45' 00" E, a distance of 29.07 feet; N 27° 02' 21" E, a distance of 28.04 feet; N 14° 28' 30" W, a distance of 16.32 feet; N 00° 56' 23" W, a distance of 31.10 feet; N 14° 46' 59" W, a distance of 83.59 feet; N 03° 54' 07" E, a distance of 44.96 feet; N 06° 53' 03" W, a distance of 29.78 feet; N 73° 55' 26" E, a distance of 58.91 feet; N 73° 03' 02" E, a distance of 43.71 feet; Page 6 Item 4b N 59° 49' 02" E, a distance of 32.45 feet; S 67° 18' 49" E, a distance of 30.40 feet; S 35° 00' 06" E, a distance of 18.67 feet; S 24° 14' 08" E, a distance of 33.54 feet; S 18° 39' 51" E, a distance of 41.43 feet; S 23° 38' 13" E, a distance of 26.71 feet; S 77° 07' 46" E, a distance of 36.62 feet; N 76° 17' 52" E, a distance of 21.52 feet; N 77° 05' 49" E, a distance of 25.11 feet; N 61° 44' 10" E, a distance of 95.88 feet; N 66° 37' 20" E, a distance of 20.60 feet; N 05° 42' 45" W, a distance of 30.81 feet; N 23° 28' 00" W, a distance of 29.52 feet; N 21° 11' 18" W, a distance of 43.84 feet; N 12° 38' 16" W, a distance of 30.37 feet; N 24° 46' 58" E, a distance of 29.26 feet; N 45° 00' 37" E, a distance of 24.57 feet; N 34° 44' 19" E, a distance of 54.72 feet; N 05° 31' 46" E, a distance of 31.83 feet; N 13° 45' 56" E, a distance of 25.78 feet; N 23° 45' 21" E, a distance of 56.83 feet; N 38° 32' 25" W, a distance of 56.57 feet; N 32° 17' 06" W, a distance of 18.42 feet; Page 7 Item 4b N 16° 56' 00" E, a distance of 39.40 feet; N 41° 16' 44" E, a distance of 53.43 feet; N 46° 55' 10" E, a distance of 34.79 feet; N 28° 47' 18" E, a distance of 66.38 feet; N 61° 42' 28" E, a distance of 36.31 feet; N 39° 14' 09" E, a distance of 51.84 feet; N 32° 54' 53" E, a distance of 33.19 feet; N 57° 53' 04" E, a distance of 41.62 feet; N 72° 07' 38" E, a distance of 80.10 feet; N 08° 35' 12" W, a distance of 43.92 feet; N 15° 50' 54" W, a distance of 63.03 feet; N 08° 32' 02" E, a distance of 33.14 feet; N 40° 19' 27" E, a distance of 35.47 feet; N 56° 19' 10" E, a distance of 38.42 feet; N 64° 00' 17" E, a distance of 37.39 feet; N 84° 05' 45" E, a distance of 47.80 feet; S 83° 01' 17" E, a distance of 40.47 feet; N 74° 15' 15" E, a distance of 33.22 feet; N 64° 39' 42" E, a distance of 17.23 feet; N 87° 00' 10" E, a distance of 199.76 feet; N 50° 01' 24" E, a distance of 84.89 feet; S 86° 40' 26" E, a distance of 180.77 feet; S 66° 32' 55" E, a distance of 121.23 feet; Page 8 Item 4b S 34° 17' 47" E, a distance of 55.86 feet; S 79° 00' 01" E, a distance of 76.96 feet; N 87° 27' 22" E, a distance of 94.52 feet; N 85° 20' 05" E, a distance of 103.17 feet; N 36° 23' 39" E, a distance of 49.51 feet; N 10° 47' 17" E, a distance of 44.84 feet; N 45° 00' 37" E, a distance of 44.51 feet; N 75° 58' 07" E, a distance of 77.87 feet; N 59° 32' 36" E, a distance of 41.38 feet; N 16° 11' 41" E, a distance of 67.72 feet; N 09° 27' 57" E, a distance of 38.28 feet; N 06° 00' 40" W, a distance of 40.08 feet; N 37° 53' 06" E, a distance of 23.92 feet; N 90° 00' 00" E, a distance of 37.77 feet; S 75° 58' 07" E, a distance of 25.96 feet; S 26° 34' 24" E, a distance of 28.15 feet; S 66° 48' 32" E, a distance of 15.98 feet; N 24° 27' 06" E, a distance of 25.35 feet; N 22° 37' 38" W, a distance of 27.27 feet; N 17° 39' 22" W, a distance of 48.43 feet; N 29° 35' 12" W, a distance of 89.25 feet; N 39° 17' 58" W, a distance of 59.64 feet; N 06° 20' 33" W, a distance of 19.00 feet; Page 9 Item 4b N 66° 02' 42" E, a distance of 41.33 feet; N 67° 10' 25" E, a distance of 37.93 feet; THENCE N 00° 07' 38" E, a distance of 1,910.94 feet; THENCE N 89° 58' 36" E, a distance of 1733.45 feet to the POINT OF BEGINNING, and containing 395.839 acres of land, more or less. Page 10 Item 4b EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to split PD-25 and PD-39 into separate PD’s and tracts with respect to current property ownership and divide entitlements on a prorata basis amongst the new PDs and tracts. The development standards for the new PD’s and tracts match the development standards of the original PD’s. Design Guidelines are again included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Page 11 Item 4b EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0 units/acre, or 788 single-family residential units, whichever is less, on 272.9 gross acres of land within Tract ‘A1’ (as shown on the attached Exhibit ‘D’), within which are allowed a maximum of 188 Type ‘C’ units and 2 Type ‘D’ units, as described herein. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on- course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac, except townhouse neighborhoods which shall not have a density greater than 10.0 du/ac. 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be Page 12 Item 4b provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY Page 13 Item 4b A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 Page 14 Item 4b 2. Single-family Residential Component - General Conditions Tract ‘A1’ 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility Page 15 Item 4b with concrete paving and mountable curbs. In neighborhoods where lots are alley- served, residential streets shall consist of a fifty-foot wide right-of-way with a thirty- one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of-Way (ROW). The homeowner’s association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A1’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. Page 16 Item 4b 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tract ‘A1’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.13 Adjacency to Major Creeks, Floodplains, and Open Space: All development within Tract ‘A1’ shall comply with Section 14 of Subdivision Ordinance No. 03-05. 3.Deleted 4.Mixed-Use Component Tract ‘A2’ 4.1 Definition: The mixed-use area (shown as Tract ‘A2’ on Exhibit D) of this Planned Development includes residential and non-residential land uses. Retail and office uses include those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. Page 17 Item 4b Residential land uses are intended to supply higher-density attached and detached housing types that provide a buffer between the more intense retail and commercial land uses along U.S. Highway 380 and the less intense residential development. 4.2 General Description: This PD Ordinance allows a maximum of 111.3 acres of mixed-use development generally located between U.S. Highway 380 and Tract ‘A1’ (see Exhibit ‘D’). Requirements for this area within the development are described below. 4.2.1 Residential uses 4.2.1.1 Single-family Uses: Detached single-family units shall be allowed within the mixed-use area but shall not be allowed within one thousand feet of U.S. Highway 380, as measured at any building line of such residential lot. If portions of the designated mixed-use area are developed with single-family residential housing, they shall be developed in accordance with the standards contained within Section 1 of this Ordinance. There shall be allowed a maximum of 185 such housing units within the mixed-use area. 4.2.1.2 Multifamily Uses: Multi-family units shall be allowed within the mixed- use area. A maximum of fifteen units per gross acre of land shall be allowed up to a maximum of 300 multi-family units within the mixed-use area. If portions of the designated mixed-use area are developed with multi-family residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 3.2.1.4. 4.2.1.2.1 Required Parking: Parking requirements for multi-family development shall be one and one-half spaces per one-bedroom unit, two spaces per two-bedroom unit, two and one-half spaces per three-bedroom unit and one-half space per each additional bedroom per unit. The total required number of spaces for any multi-family development shall not be less than 1.8 spaces per dwelling unit. 4.2.1.2.2 Exterior Façade Building Materials: All buildings within a multi-family development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.2.3 Controlled Access: All multi-family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.2.4 Open Space Requirements: Each lot or parcel developed for multi- family uses shall provide useable open space, as defined in the Town’s Page 18 Item 4b Zoning Ordinance, equal to thirty percent of the total multifamily acreage. 4.2.1.3 Townhouse Uses: Townhouse units shall be allowed within the mixed- use area. A maximum of ten units per gross acre of land shall be allowed within the mixed-use area up to a maximum of 250 townhouse units. If portions of the designated mixed-use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 4.2.1.4. 4.2.1.3.1 Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.3.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.3.3 Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. 4.2.1.4 Residential development intensity: Development intensity shall be in accordance with the following table: Residential Product Type Development Requirement Townhouse Multi- family Max. Gross Density 10.0 du/ac 15.0 du/ac Min. Lot Area 800 sq. ft. 10,000 sq. Min. Lot Width 20' 80' Min. Lot Depth 40' 120' Min. Front Setback 0' 25' b Min. Rear Setback 0' 15' b Min. Side Setback (interior lot) 0’ 15' Min. Side Setback (corner lot) 0' 25’ b Min. Side Setback (key lot) n/a n/a Max. Lot Coverage 100% 50% Min. Floor Area / Dwelling Unit 1,200 sq. ft. 650 sq. ft. Max. Building Height / No. of storiesa 48' / 3 48' / 3 Page 19 Item 4b a Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 4.2.2 Non-residential uses 4.2.2.1 Allowed Uses: Non-residential land uses allowed within the mixed-use area are as allowed in Section 1.3 herein and as permitted in the Neighborhood Service, Office and Commercial Corridor districts, listed in Zoning Ordinance No. 05-20. Additional uses allowed by right include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. • Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. • Post Office Facilities. • Research and Development Center. • Winery. • Optical Stores – Sales and Services. Mini-Warehouses Shall be allowed by SUP. 4.2.2.2 Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed- use area as required by Zoning Ordinance No. 05-20. 4.2.2.3 Exterior Façade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4.2.2.4 Commercial development intensity: Development intensity for non- residential land uses shall be as follows: 4.2.2.4.1 Floor Area: The allowable floor area of buildings within the mixed-use area shall be unlimited, provided that all conditions described herein are met. 4.2.2.4.2 Lot Area: The minimum lot area shall be 10,000 square feet. 4.2.2.4.3 Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 4.2.2.4.4 Lot Width: The minimum width of any lot shall be fifty feet. Page 20 Item 4b 4.2.2.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet. 4.2.2.4.6 Front Yard: The minimum depth of the front yard shall be thirty feet 4.2.2.4.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty-four-foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot side yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.8 Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty-four-foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot rear yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.9 Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. 4.2.2.4.10 Open Space Requirement for Non-Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. Deleted 6. Mixed-Use Component - General Conditions 6.1 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance Page 21 Item 4b Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as they exist or may be amended. All right-of-ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 6.2. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with Zoning Ordinance 05-20 as it exists or may be amended. 6.3. Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. 6.4. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan 6.5. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit “D” are approximations and may be modified at the time of final platting. 6.6. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road, and University Drive shall be subject to the TxDOT review process as required. 6.7. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building façade, trim, or roof surface. Page 22 Item 4b EXHIBIT “D” ZONING SITE PLAN Page 23 Item 4b EXHIBIT “E” DEVELOPMENT SCHEDULE The development schedule for the approximate 395.8 acres will be phased over the next three to twenty years. Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Page 24 Item 4b EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A1’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. Page 25 Item 4b 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All Page 26 Item 4b fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Page 27 Item 4b EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A1’ HOME EXAMPLES Page 28 Item 4b Page 29 Item 4b Page 30 Item 4b Page 31 Item 4b Page 32 Item 4b Page 33 Item 4b Page 34 Item 4b Page 35 Item 4b Page 36 Item 4b Page 37 Item 4b Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an ordinance establishing Planned Development-87 (PD-87), for Lakewood, on 236.5± acres, located on the east side of Coit Road, 3,000± feet north of US 380. (Z18-0001) Description: On June 12, 2018, the Town Council approved the proposed rezoning request by a vote of 7-0. An ordinance has been prepared accordingly. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance establishing Planned Development-87 (PD-87), for Lakewood, on 236.5± acres, located on the east side of Coit Road, 3,000± feet north of US 380. Prosper is a place where everyone matters. PLANNING Item 4c TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, ORDINANCE NO. 06-73, ORDINACE NO. 17- 34, AND ORDINANCE NO. 18-14, BY REZONING A TRACT OF LAND CONSISTING OF 236.498 ACRES, MORE OR LESS, SITUATED IN THE JAMES STONE SURVEY, ABSTRACT NO. 847, THE WILLIAM H. THOMPSON SURVEY, ABSTRACT NO. 895, THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, AND THE SPENCER GRAHAM SURVEY, ABSTRACT NO. 359, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25 (PD-25) TO PLAN NED DEVELOPMENT-87 (PD-87); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from Prosper 119 and Prosper 236 (“Applicant”), to rezone 236.498 acres of land, more or less, situated in the James Stone Survey, Abstract No. 847, the William H. Thompson Survey, Abstract No. 895, the I.C. Williamson Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town’s Zoning Ordinance, Ordinance No. 06-73, Ordinance No. 17- 34, and Ordinance No. 18-14. The Town’s Zoning Ordinance, adopted by Ordinance No. 05- 20, Ordinance No. 06-73, Ordinance No. 17-34, and Ordinance No. 18-14, are amended as follows: The zoning designation of the below-described property containing 236.498 acres of land, more or less, situated in the James Stone Survey, Abstract No. 847, the William H. Item 4c Ordinance No. 18-__, Page 2 Thompson Survey, Abstract No. 895, the I.C. Williamson Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-87 (PD-87). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E"; 5) the design guidelines, attached hereto as Exhibit "F", and 6) the design guidelines, attached hereto as Exhibit "G " which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. Item 4c Ordinance No. 18-__, Page 3 SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4c Lakewood Planned Development-87 in the TOWN OF PROSPER, TEXAS JULY 2018 Page 1 Item 4c EXHIBIT “A” LEGAL DESCRIPTION TRACT A (236.5 ACRES) Page 2 Item 4c EXHIBIT “A” LAKEWOOD LEGAL DESCRIPTION 236.498 ACRES BEING, a tract of land situated in the James Stone Survey, Abstract No. 847, William H. Thomson Survey, Abstract No. 895, I.C. Williamson Survey, Abstract No. 948 and Spencer Graham Survey, Abstract No. 359 in the Town of Prosper, Collin County, Texas, being part of a Tract of land to Prosper 55, L.P., as recorded in Document No. 20120111000035080 in the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING, at a 5/8 inch iron rod found at the northeast corner of Prosper Middle School No. 2 Addition Block A, Lots 1 & 2, an addition to the Town of Prosper, as described in Document Number 20081208010004240, in the Plat Records of Collin County, Texas; THENCE, North 89°26'21" West, along the north line of said Prosper Middle School No. 2 Addition Block A, for a distance of 1104.65 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the northwest corner of said Lot 1 Block A, being in the east line of Coit Road (Variable R.O.W.), as described in Document No. 20110407000363170 in said Deed Records; THENCE, North 00°08'40" East, along the east line of said Coit Road, for a distance of 406.21 feet, to ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, North 00°04'52" East, continuing along said east line, for a distance of 1461.48 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, in the south line of a 18.028 acre tract, as described in Clerks File No. 20070423000545140, in said Deed Records; THENCE, South 89°38'35" East, departing the east line of said Coit Road and along the south line of said 18.028 acre tract, at 919.49 feet, passing the southeast corner of said 18.028 acre tract and continuing for a total distance of 969.49 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, South 00°18'44" West, for a distance of 444.50 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, South 38°14'51" East, for a distance of 148.84 feet, to ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, in the south line of the 170’ TP&L Easement, as recorded in Volume 810, Page 693 in said Deed Records; THENCE, North 51°46'30" East, along the south line of said 170’ TP&L Easement, for a distance of 948.70 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, North 38°14’51” West, departing said south line, for a distance of 285.04 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, North 00°38’32” East, for a distance of 617.05 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, North 89°21’28” West, for a distance of 1476.62 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point of curvature of a curve to the left, having a radius of 1055.00 feet, a central angle of 23°40’42”, and a tangent of 221.15 feet; Page 3 Item 4c THENCE, along said curve to the left for an arc distance of 436.00 feet (Chord Bearing North 78°48’11” East – 432.90 feet), to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point of tangency; THENCE, North 66°57’50” East, for a distance of 257.27 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point of curvature of a curve to the right, having a radius of 1245.00 feet, a central angle of 19°32’16”, and a tangent of 214.35 feet; THENCE, along said curve to the right for an arc distance of 424.54 feet (Chord Bearing North 76°43’58” East – 422.49 feet), to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point of tangency; THENCE, North 86°30’06” East, for a distance of 487.45 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point of curvature of a curve to the right, having a radius of 1490.00 feet, a central angle of 04°11’17”, and a tangent of 54.48 feet; THENCE, along said curve to the right for an arc distance of 108.91 feet (Chord Bearing North 88°35’44” East – 108.89 feet), to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, South 89°18’37” East, for a distance of 354.49 feet, to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.” THENCE, South 00°45'49" West, for a distance of 493.54 feet, to a ½ inch iron rod set, being a point on a curve to the left, having a radius of 1080.00 feet, a central angle of 56°04’09”, and a tangent of 575.08 feet; THENCE, along said curve to the left for an arc distance of 1056.88 feet (Chord Bearing South 52°28’08” West – 1015.21 feet), to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point reverse curvature of a curve to the right, having a radius of 470.00 feet, a central angle of 30°29’34” and a tangent of 128.10 feet; THENCE, along said curve to the right for an arc distance of 250.13 feet (Chord Bearing South 39°40’50” West – 247.19 feet), to a ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, at the point reverse curvature of a curve to the left, having a radius of 680.00 feet, central angle of 42°10’43”, and a tangent of 262.24 feet; THENCE, along said curve to the left for an arc distance of 500.58 feet (Chord Bearing South 33°50’16” West – 489.36 feet), to ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, South 00°40'40" West, for a distance of 1401.20 feet, to ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”; THENCE, North 89°13'04" West, for a distance of 2774.51 feet, to ½ inch iron rod set with a yellow cap stamped “Corwin Eng. Inc.”, in the east line of said Prosper Middle School No. 2 Addition Block A, Lots 1 & 2; THENCE, North 00°32’37” East, along the east line of said Prosper Middle School No. 2 Addition Block A, Lots 1 & 2, for a distance of 39.65feet, to the POINT OF BEGINNING and containing 236.498 acres of land. Page 4 Item 4c EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to re-align PD-25 and PD-39 into new planned development districts with respect to the current property ownership and divide the existing entitlements on a pro-rata basis amongst the new PDs and tracts. The development standards for the new planned development districts are outlined herein. Design Guidelines are included to ensure the provision of a quality planned development over time. Page 5 Item 4c EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits single-family residential units as reflected below: Type “A” Lots Unlimited Type “B” Lots 40 Maximum Units Type “C” Lots 159 Maximum Units Type “D” Lots 446 Maximum Units TOTAL LOTS 645 Type B, C, D Lots The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. Page 6 Item 4c • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac. 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Façade Building Materials: (see Exhibits ‘F’ and ‘G’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. Page 7 Item 4c LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. When the final plat requires a front yard staggered setback in excess of the setback established in 1.7.5 above, Page 8 Item 4c the rear yard depth shall be reduced by the same amount as the required staggered setback. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 2. Single-family Residential Component - General Conditions Tract ‘A’ 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Lakewood community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Lakewood community is linked to the Town. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Coit Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. Page 9 Item 4c 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit “D”) and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: The streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty- foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developer has established a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). As the Property develops in phases, each new phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer has provided the Town with a copy of the deed restrictions that will become part of the deed of record and will provide the Town with any amendments or revisions to the deed restrictions. 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. Page 10 Item 4c 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Open Space Requirements: The Lakewood public parkland/open space dedication has been met by the dedication of the 22.84 acre Lakewood Preserve to the Town of Prosper. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 3. Single-family Residential Component - General Conditions Tract ‘B’ Page 11 Item 4c 3.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 3.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Lakewood community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Lakewood community is linked to the Town. 3.3. Screening and Buffering: Residential development adjacent to East First Street, and Coit Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 3.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit “D”) and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 3.5. Streets: The streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to Coit Road, and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one-foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty-foot wide right- of-way with a thirty-one foot paving section; and drainage systems, which shall be Page 12 Item 4c incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 3.6. Maintenance of Facilities: The Developer has established a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). As the Property develops in phases, each new phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer has provided the Town with a copy of the deed restrictions that will become part of the deed of record and will provide the Town with any amendments or revisions to the deed restrictions 3.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 3.8. Landscaping 3.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘B’ residential lot (see Exhibit ‘G’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 3.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder Page 13 Item 4c at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 3.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 3.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘G’) 3.10. Open Space Requirements: The Lakewood public parkland/open space dedication has been met by the dedication of the 22.84 acre Lakewood Preserve to the Town of Prosper. 3.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Page 14 Item 4c EXHIBIT “D” ZONING SITE PLAN Page 15 Item 4c EXHIBIT “E” DEVELOPMENT SCHEDULE Lakewood Phase 1 has delivered 247 lots and Lakewood Preserve, the 22.84 public park, has been dedicated to the Town of Prosper. The development schedule for the remaining 140.42 acres will be phased over the next five years. It is projected that the remaining land will be developed in multiple phases. Market conditions may extend the anticipated development schedule. Page 16 Item 4c EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. Deleted. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Deleted. Page 17 Item 4c 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Deleted 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications). Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile or approved composition 30-year laminated shingles or other approved roof material. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. Page 18 Item 4c 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on corner lots). 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper trees in the front yard. In addition to the two required front yard trees, a minimum of two 4” caliper trees shall be planted in each side yard space abutting a street. Each lot shall include a least one evergreen tree. The species of the trees shall be selected from the Town’s Plant list for “Large Trees.” Page 19 Item 4c EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ HOME EXAMPLES Page 20 Item 4c Page 21 Item 4c Page 22 Item 4c Page 23 Item 4c Page 24 Item 4c Page 25 Item 4c Page 26 Item 4c Page 27 Item 4c Page 28 Item 4c Page 29 Item 4c EXHIBIT “G” SINGLE-FAMILY RESIDENTIAL TRACT ‘B’ DESIGN GUIDELINES 1. ARCHITECTURE: The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 1. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. Deleted. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Deleted. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of these or as approved by the developer. Page 30 Item 4c 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications). Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile or approved composition 30-year laminated shingles or other approved roof material. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Front walls and screens visible from streets shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Side and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or other approved materials. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used as required, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. Page 31 Item 4c 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on corner lots). 6. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper trees in the front yard. In addition to the two required front yard trees, a minimum of two 4” caliper trees shall be planted in each side yard space abutting a street. Each lot shall include a least one evergreen tree. The species of the trees shall be selected from the Town’s Plant list for “Large Trees.” Page 32 Item 4c Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an ordinance establishing Planned Development-88 (PD-88), for the Harlan Properties, Inc. tract, on 45.0± acres, located on the south side of First Street, 2,000± feet west of Custer Road. (Z18-0001) Description: On June 12, 2018, the Town Council approved the proposed rezoning request by a vote of 7-0. An ordinance has been prepared accordingly. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance establishing Planned Development-88 (PD-88), for the Harlan Properties, Inc. tract, on 45.0± acres, located on the south side of First Street, 2,000± feet west of Custer Road. Prosper is a place where everyone matters. PLANNING Item 4d TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, AND ORDINANCE NO. 06-73, BY REZONING A TRACT OF LAND CONSISTING OF 45.0 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT 600, AND THE JEREMIAH HORN SURVEY, ABSTRACT 411, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25 (PD-25) TO PLAN NED DEVELOPMENT-88 (PD-88); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has initiated a request, to rezone 45.0 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract 600, and the Jeremiah Horn Survey, Abstract 411, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town’s Zoning Ordinance, and Ordinance No. 06-73. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, and Ordinance No. 06-73, are amended as follows: The zoning designation of the below-described property containing 45.0 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract 600, and the Jeremiah Horn Survey, Abstract 411, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-88 (PD-88). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 4d Ordinance No. 18-__, Page 2 The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E"; and 5) the design guidelines, attached hereto as Exhibit "F”, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. Item 4d Ordinance No. 18-__, Page 3 SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4d Harlan Properties Planned Development-88 in the TOWN OF PROSPER, TEXAS JULY 2018 Page 1 Item 4d EXHIBIT “A” LEGAL DESCRIPTION TRACT A (45.0 ACRES) Page 2 Item 4d EXHIBIT "A" HARLAN PROPERTIES LEGAL DESCRIPTION 45.00 ACRES Being a 45.000 acre tract of land situated in the Larkin McCarty Survey, Abstract No. 600 & the Jeremiah Horn Survey, Abstract No. 411 in the City of Prosper, Collin County, Texas and being a portion of a 100.8 acre tract of land described by deed recorded in Volume 4787, Page 1700 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows; Beginning at a 1/2 inch iron rod found for the northwest corner of said 100.88 acre tract of land and being the northeast corner of 73.060 acre tract of land described by deed to 73 Prosper, L.P. recorded in Volume 6025, Page 1725 (DRCCT) and being located in the center of a rock top road known as County Road 79 (First Street); Thence along the center of said County Road 79 (First Street), South 89 degrees 58 minutes 39 seconds East a distance of 945.37 feet to a 1/2 inch iron rod found for the northeast corner of said 100.88 acre tract of land and being the northwest corner of a tract of land described to 310 Prosper, L.P. recorded in Volume 5823, Page 3462 (DRCCT); Thence departing the center of said County Road 79 (First Street) and following the west line of said aforementioned tract of land, South 00 degrees 12 minutes 09 seconds West a distance of 2,083.90 feet to a 5/8 inch iron rod set for the southeast corner of the herein described tract of land; Thence departing said west line, South 89 degrees 40 minutes 29 seconds West a distance of 940.82 feet to a 5/8 inch iron rod set in the east line of the aforementioned 73.060 acre tract of land; Thence along said east line of the aforementioned 73.060 acre tract of land as follows: North 00 degrees 45 minutes 37 seconds East a distance of 176.20 feet to a 5/8 inch iron rod set for corner; North 00 degrees 16 minutes 59 seconds East a distance of 889.76 feet to a 5/8 inch iron rod set for corner; North 00 degrees 02 minutes 40 seconds East a distance of 670.88 feet to a 5/8 inch iron rod set for corner; North 00 degrees 43 minutes 20 seconds West a distance of 352.82 feet to the Point of Beginning; CONTAINING within these metes and bounds 45.000 acres or 1,960,199 square feet of land more or less. Page 3 Item 4d EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to split PD-25 and PD-39 into separate PD’s and tracts with respect to current property ownership and divide entitlements on a prorata basis amongst the new PDs and tracts. The development standards for the new PD’s and tracts match the development standards of the original PD’s. Design Guidelines are again included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Page 4 Item 4d EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0 units/acre, or 130 single-family residential units, whichever is less, on 45.0 gross acres of land within Tract ‘A’ (as shown on the attached Exhibit ‘D’), within which are allowed a maximum of 31 Type ‘C’ units, as described herein. All remaining lots shall be developed to Type ‘A’ or Type ‘B’ standards. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac. Page 5 Item 4d 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: Page 6 Item 4d LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 Page 7 Item 4d 2. Single-family Residential Component - General Conditions Tract ‘A’ 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way Page 8 Item 4d with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty- foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). The homeowner’s association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder Page 9 Item 4d at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tract ‘A’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Page 10 Item 4d EXHIBIT “D” ZONING SITE PLAN Page 11 Item 4d EXHIBIT “E” DEVELOPMENT SCHEDULE The approximate 45.0 acres is expected to be developed in a single phase within the next 1-3 years. Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Page 12 Item 4d EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will Page 13 Item 4d review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought Page 14 Item 4d iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Page 15 Item 4d EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ HOME EXAMPLES Page 16 Item 4d Page 17 Item 4d Page 18 Item 4d Page 19 Item 4d Page 20 Item 4d Page 21 Item 4d Page 22 Item 4d Page 23 Item 4d Page 24 Item 4d Page 25 Item 4d Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an ordinance establishing Planned Development-89 (PD-89), for the Grace Academy of North Texas tract, on 22.7± acres, located on the southwest corner of First Street and Custer Road. (Z18-0001) Description: On June 12, 2018, the Town Council approved the proposed rezoning request by a vote of 7-0. An ordinance has been prepared accordingly. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance establishing Planned Development-89 (PD-89), for the Grace Academy of North Texas tract, on 22.7± acres, located on the southwest corner of First Street and Custer Road. Prosper is a place where everyone matters. PLANNING Item 4e TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, AND ORDINANCE NO. 06-73, BY REZONING A TRACT OF LAND CONSISTING OF 22.7 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT 600, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25 (PD-25) TO PLANNED DEVELOPMENT-89 (PD-89); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has initiated a request, to rezone 22.7 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract 600, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town’s Zoning Ordinance, and Ordinance No. 06-73. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, and Ordinance No. 06-73, are amended as follows: The zoning designation of the below-described property containing 22.7 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract 600, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-89 (PD-89). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 4e Ordinance No. 18-__, Page 2 The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E"; and 5) the design guidelines, attached hereto as Exhibit "F", which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. Item 4e Ordinance No. 18-__, Page 3 SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4e Grace Academy Planned Development-89 in the TOWN OF PROSPER, TEXAS JULY 2018 Page 1 Item 4e EXHIBIT “A” LEGAL DESCRIPTION TRACT ‘A’(22.7 ACRES) Page 2 Item 4e EXHIBIT “A” TRACT ‘A’ LEGAL DESCRIPTION (22.671 acres) Page 3 Item 4e EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to split PD-25 and PD-39 into separate PD’s and tracts with respect to current property ownership and divide entitlements on a prorata basis amongst the new PDs and tracts. The development standards for the new PD’s and tracts match the development standards of the original PD’s. Design Guidelines are again included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Page 4 Item 4e EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0 units/acre, or 67 single-family residential units, whichever is less, on 23.3 gross acres of land within Tract ‘A’ (as shown on the attached Exhibit ‘D’), within which are allowed a maximum of 16 Type ‘C’ units, as described herein. All remaining lots shall be developed to Type ‘A’ or Type ‘B’ standards. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac. Page 5 Item 4e 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: Page 6 Item 4e LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 Page 7 Item 4e 2. Single-family Residential Component - General Conditions 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way Page 8 Item 4e with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty- foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). The homeowner’s association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder Page 9 Item 4e at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tract ‘A’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Page 10 Item 4e EXHIBIT “D” ZONING SITE PLAN Page 11 Item 4e EXHIBIT “E” DEVELOPMENT SCHEDULE The approximate 23.3 acres is expected to be developed in a single phase within the next 1-3 years. Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Page 12 Item 4e EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will Page 13 Item 4e review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought Page 14 Item 4e iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Page 15 Item 4e EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ HOME EXAMPLES Page 16 Item 4e Page 17 Item 4e Page 18 Item 4e Page 19 Item 4e Page 20 Item 4e Page 21 Item 4e Page 22 Item 4e Page 23 Item 4e Page 24 Item 4e Page 25 Item 4e Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an ordinance establishing Planned Development-90 (PD-90), for Brookhollow North, on 654.5± acres, located north of US 380, east of Coit Road, west of Custer Road, and north and south of First Street. (Z18-0001) Description: On June 12, 2018, the Town Council approved the proposed rezoning request by a vote of 7-0. An ordinance has been prepared accordingly. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance establishing Planned Development-90 (PD-90), for Brookhollow North, on 654.5± acres, located north of US 380, east of Coit Road, west of Custer Road, and north and south of First Street. Prosper is a place where everyone matters. PLANNING Item 4f TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, ORDINANCE NO. 06-73, AND ORDINANCE NO. 08-014, BY REZONING A TRACT OF LAND CONSISTING OF 654.5 ACRES, MORE OR LESS, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT 411, THE LARKIN MCCARTY SURVEY, ABSTRACT 600, THE JAMES STONE SURVEY, ABSTRACT NO. 847, THE WILLIAM H. THOMPSON SURVEY, ABSTRACT NO. 895, THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, AND THE SPENCER GRAHAM SURVEY, ABSTRACT NO. 359, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25 (PD-25) AND PLANNED DEVELOPMENT-39 (PD-39) TO PLANNED DEVELOPMENT-90 (PD-90); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from 55 Prosper (“Applicant”), to rezone 654.5 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract 411, the Larkin McCarty Survey, Abstract 600, the James Stone Survey, Abstract No. 847, the William H. Thompson Survey, Abstract No. 895, the I.C. Williamson Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town’s Zoning Ordinance, Ordinance No. 06-73, and Ordinance No. 08-014. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 06- Item 4f Ordinance No. 18-__, Page 2 73, and Ordinance No. 08-014, are amended as follows: The zoning designation of the below- described property containing 654.5 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract 411, Larkin McCarty Survey, Abstract 600, James Stone Survey, Abstract No. 847, the William H. Thompson Survey, Abstract No. 895, the I.C. Williamson Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-90 (PD-90). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E"; 5) the design guidelines, attached hereto as Exhibit "F", and 6) the design guidelines, attached hereto as Exhibit "G " which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. Item 4f Ordinance No. 18-__, Page 3 SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4f Brookhollow North Planned Development-90 in the TOWN OF PROSPER, TEXAS JULY 2018 Page 1 Item 4f EXHIBIT “A” LEGAL DESCRIPTIONS Tract A Tract B Tract C Tract D (654.5 ACRES) Page 2 Item 4f AREA 90-A LEGAL DESCRIPTION 118.259 ACRES BEING a tract of land in the I.C.WILLIAMSON SURVEY ABSTRACT NO. 948, Collin County, Texas, and being part of that tract of land described in Deed to 55 Prosper, L.P., according to the document filed of record in Document Number 20120111000035080, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found in the north line of Highway 380, a variable width right- of-way; THENCE N 00° 30' 22" W, a distance of 1,755.35 feet to a 1/2 inch iron rod found; THENCE N 54° 06' 11" E, a distance of 465.30 feet; THENCE N 88° 01' 51" E, a distance of 2,181.05 feet to a 1/2 inch iron rod found; THENCE S 00° 22' 26" E, a distance of 2,078.53 feet to a 1/2 inch iron rod found in the above mentioned north line; THENCE With said north line, the following courses and distances: S 89° 15' 29" W, a distance of 467.49 feet; N 00° 33' 39" W, a distance of 187.19 feet; S 89° 26' 21" W, a distance of 50.00 feet; S 00° 33' 39" E, a distance of 183.51 feet; N 73° 58' 14" W, a distance of 30.49 feet; S 72° 55' 02" W, a distance of 43.34 feet; S 89° 28' 11" W, a distance of 911.94 feet; N 84° 09' 49" W, a distance of 197.85 feet; N 89° 06' 13" W, a distance of 24.73 feet; N 19° 26' 21" E, a distance of 155.87 feet; N 70° 33' 39" W, a distance of 100.00 feet; S 19° 26' 21" W, a distance of 193.27 feet; Page 3 Item 4f S 88° 55' 59" W, a distance of 71.95 feet; S 83° 44' 26" W, a distance of 201.04 feet; S 89° 28' 12" W, a distance of 454.58 feet to the POINT OF BEGINNING, and containing 118.259 acres of land, more or less. Page 4 Item 4f AREA 90-B LEGAL DESCRIPTION 341.407 ACRES BEING a tract of land in the SPENCER GRAHAM SURVEY, ABSTRACT NO. 359, JERIMIAH HORN SURVEY, ABSTRACT NO. 411, LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, JAS STONE SURVEY, ABSTRACT NO. 847 and I.C.WILLIAMSON SURVEY ABSTRACT NO. 948, Collin County, Texas, and being part of that tract of land described in Deed to 55 Prosper, L.P., according to the document filed of record in Document Number 20120111000035080, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the approximate centerline of First Street, a variable width right-of- way; THENCE N 88° 34' 05" E, with said approximate centerline, a distance of 124.83 feet; THENCE N 89° 47' 45" E, continuing with said approximate centerline, a distance of 1,493.97 feet; THENCE S 00° 12' 52" E, leaving said approximate centerline, a distance of 47.27 feet; THENCE N 89° 47' 08" E, a distance of 99.20 feet to the beginning of a curve to the left, having a central angle of 52° 33' 25", a radius of 1,159.55 feet and a chord bearing and distance of N 63° 02' 17" E, 1,026.75 feet; THENCE With said curve to the left, an arc distance of 1,063.65 feet; THENCE N 36° 35' 23" E, a distance of 100.34 feet to the beginning of a curve to the right, having a central angle of 07° 09' 27", a radius of 1,054.97 feet and a chord bearing and distance of N 40° 10' 06" E, 131.70 feet; THENCE With said curve to the right, an arc distance of 131.79 feet; THENCE S 00° 01' 30" E, a distance of 633.75 feet; THENCE S 00° 14' 50" W, a distance of 884.65 feet; THENCE S 00° 41' 33" W, a distance of 176.20 feet; THENCE N 89° 36' 25" E, a distance of 941.09 feet; THENCE S 00° 07' 38" W, a distance of 415.18 feet to a point in the approximate centerline of a creek; THENCE With said approximate centerline, the following courses and distances: Page 5 Item 4f S 67° 10' 25" W, a distance of 37.93 feet; S 66° 02' 42" W, a distance of 41.33 feet; S 06° 20' 33" E, a distance of 19.00 feet; S 39° 17' 58" E, a distance of 59.64 feet; S 29° 35' 12" E, a distance of 89.25 feet; S 17° 39' 22" E, a distance of 48.43 feet; S 22° 37' 38" E, a distance of 27.27 feet; S 24° 27' 06" W, a distance of 25.35 feet; N 66° 48' 32" W, a distance of 15.98 feet; N 26° 34' 24" W, a distance of 28.15 feet; N 75° 58' 07" W, a distance of 25.96 feet; N 90° 00' 00" W, a distance of 37.77 feet; S 37° 53' 06" W, a distance of 23.92 feet; S 06° 00' 40" E, a distance of 40.08 feet; S 09° 27' 57" W, a distance of 38.28 feet; S 16° 11' 41" W, a distance of 67.72 feet; S 59° 32' 36" W, a distance of 41.38 feet; S 75° 58' 07" W, a distance of 77.87 feet; S 45° 00' 37" W, a distance of 44.51 feet; S 10° 47' 17" W, a distance of 44.84 feet; S 36° 23' 39" W, a distance of 49.51 feet; S 85° 20' 05" W, a distance of 103.17 feet; S 87° 27' 22" W, a distance of 94.52 feet; Page 6 Item 4f N 79° 00' 01" W, a distance of 76.96 feet; N 34° 17' 47" W, a distance of 55.86 feet; N 66° 32' 55" W, a distance of 121.23 feet; N 86° 40' 26" W, a distance of 180.77 feet; S 50° 01' 24" W, a distance of 84.89 feet; S 87° 00' 10" W, a distance of 199.76 feet; S 64° 39' 42" W, a distance of 17.23 feet; S 74° 15' 15" W, a distance of 33.22 feet; N 83° 01' 17" W, a distance of 40.47 feet; S 84° 05' 45" W, a distance of 47.80 feet; S 64° 00' 17" W, a distance of 37.39 feet; S 56° 19' 10" W, a distance of 38.42 feet; S 40° 19' 27" W, a distance of 35.47 feet; S 08° 32' 02" W, a distance of 33.14 feet; S 15° 50' 54" E, a distance of 63.03 feet; S 08° 35' 12" E, a distance of 43.92 feet; S 72° 07' 38" W, a distance of 80.10 feet; S 57° 53' 04" W, a distance of 41.62 feet; S 32° 54' 53" W, a distance of 33.19 feet; S 39° 14' 09" W, a distance of 51.84 feet; S 61° 42' 28" W, a distance of 36.31 feet; S 28° 47' 18" W, a distance of 66.38 feet; S 46° 55' 10" W, a distance of 34.79 feet; Page 7 Item 4f S 41° 16' 44" W, a distance of 53.43 feet; S 16° 56' 00" W, a distance of 39.40 feet; S 32° 17' 06" E, a distance of 18.42 feet; S 38° 32' 25" E, a distance of 56.57 feet; S 23° 45' 21" W, a distance of 56.83 feet; S 13° 45' 56" W, a distance of 25.78 feet; S 05° 31' 46" W, a distance of 31.83 feet; S 34° 44' 19" W, a distance of 54.72 feet; S 45° 00' 37" W, a distance of 24.57 feet; S 24° 46' 58" W, a distance of 29.26 feet; S 12° 38' 16" E, a distance of 30.37 feet; S 21° 11' 18" E, a distance of 43.84 feet; S 23° 28' 00" E, a distance of 29.52 feet; S 05° 42' 45" E, a distance of 30.81 feet; S 66° 37' 20" W, a distance of 20.60 feet; S 61° 44' 10" W, a distance of 95.88 feet; S 77° 05' 49" W, a distance of 25.11 feet; S 76° 17' 52" W, a distance of 21.52 feet; N 77° 07' 46" W, a distance of 36.62 feet; N 23° 38' 13" W, a distance of 26.71 feet; N 18° 39' 51" W, a distance of 41.43 feet; N 24° 14' 08" W, a distance of 33.54 feet; N 35° 00' 06" W, a distance of 18.67 feet; Page 8 Item 4f N 67° 18' 49" W, a distance of 30.40 feet; S 59° 49' 02" W, a distance of 32.45 feet; S 73° 03' 02" W, a distance of 43.71 feet; S 73° 55' 26" W, a distance of 58.91 feet; S 06° 53' 03" E, a distance of 29.78 feet; S 03° 54' 07" W, a distance of 44.96 feet; S 14° 46' 59" E, a distance of 83.59 feet; S 00° 56' 23" E, a distance of 31.10 feet; S 14° 28' 30" E, a distance of 16.32 feet; S 27° 02' 21" W, a distance of 28.04 feet; S 74° 45' 00" W, a distance of 29.07 feet; S 86° 54' 25" W, a distance of 56.69 feet; S 75° 58' 07" W, a distance of 29.43 feet; S 59° 45' 09" W, a distance of 21.25 feet; S 10° 29' 42" W, a distance of 14.00 feet; S 03° 34' 39" E, a distance of 24.52 feet; S 28° 30' 15" E, a distance of 20.30 feet; S 36° 34' 59" E, a distance of 19.68 feet; S 79° 53' 38" E, a distance of 71.89 feet; S 74° 56' 12" E, a distance of 35.07 feet; S 10° 18' 30" E, a distance of 29.11 feet; S 04° 58' 18" E, a distance of 30.06 feet; S 55° 01' 04" W, a distance of 15.90 feet; Page 9 Item 4f S 83° 59' 35" W, a distance of 24.88 feet; S 63° 26' 35" W, a distance of 23.30 feet; S 06° 00' 39" E, a distance of 24.87 feet; S 15° 15' 38" E, a distance of 29.69 feet; S 35° 26' 35" W, a distance of 83.10 feet; S 73° 40' 10" W, a distance of 78.71 feet; S 67° 27' 51" W, a distance of 74.73 feet; N 64° 43' 49" W, a distance of 51.85 feet; N 58° 10' 54" W, a distance of 44.45 feet; N 71° 07' 13" W, a distance of 52.30 feet; S 66° 15' 29" W, a distance of 35.57 feet; S 05° 54' 30" E, a distance of 37.96 feet; S 36° 07' 45" E, a distance of 59.64 feet; S 47° 44' 11" E, a distance of 38.72 feet; S 57° 10' 51" E, a distance of 48.04 feet; S 08° 44' 58" W, a distance of 34.25 feet; S 50° 54' 58" W, a distance of 26.85 feet; S 39° 28' 57" W, a distance of 57.35 feet; S 33° 41' 58" W, a distance of 28.17 feet; S 53° 08' 24" W, a distance of 39.07 feet; N 47° 18' 03" W, a distance of 23.04 feet; N 14° 56' 12" W, a distance of 20.21 feet; N 15° 15' 37" W, a distance of 29.69 feet; Page 10 Item 4f N 04° 14' 17" W, a distance of 35.25 feet; N 21° 48' 30" W, a distance of 28.05 feet; N 50° 12' 16" W, a distance of 30.51 feet; N 67° 31' 40" W, a distance of 40.87 feet; N 72° 15' 41" W, a distance of 34.18 feet; S 73° 44' 43" W, a distance of 65.12 feet; S 43° 16' 29" W, a distance of 30.40 feet; S 47° 52' 21" W, a distance of 36.88 feet; S 48° 15' 00" W, a distance of 48.88 feet; S 07° 07' 39" E, a distance of 20.99 feet; S 04° 05' 14" E, a distance of 36.55 feet; S 04° 05' 14" W, a distance of 36.55 feet; S 14° 37' 33" E, a distance of 12.02 feet; THENCE S 89° 56' 23" W, leaving the above mentioned approximate centerline, a distance of 848.07 feet; THENCE N 00° 22' 26" W, a distance of 277.39 feet; THENCE S 88° 01' 51" W, a distance of 2,181.05 feet; THENCE S 54° 06' 11" W, a distance of 1,090.49 feet to the beginning of a non-tangent curve to the right, having a central angle of 24° 22' 58", a radius of 1,100.00 feet and a chord bearing and distance of S 77° 15' 40" W, 464.59 feet; THENCE With said curve to the right, an arc distance of 468.11 feet; THENCE S 89° 27' 10" W, a distance of 250.25 feet to the beginning of a curve to the left, having a central angle of 18° 54' 58", a radius of 1100.00 feet and a chord bearing and distance of S 79° 59' 41" W, 361.52 feet; THENCE With said curve to the left, an arc distance of 363.17 feet; Page 11 Item 4f THENCE N 00° 19' 43" W, a distance of 1,257.10 feet; THENCE N 89° 49' 34" E, a distance of 1,795.56 feet; THENCE N 89° 49' 34" E, a distance of 979.59 feet; THENCE N 00° 16' 56" W, a distance of 1,401.24 feet to the beginning of a non-tangent curve to the right, having a central angle of 42° 10' 43", a radius of 680.00 feet and a chord bearing and distance of N 32° 52' 40" E, 489.36 feet; THENCE With said curve to the right, an arc distance of 500.59 feet to the beginning of a reverse curve to the left, having a central angle of 30° 29' 33", a radius of 470.00 feet and a chord bearing and distance of N 38° 43' 14" E, 247.19 feet; THENCE With said curve to the left, an arc length of 250.13 feet to the beginning of a reverse curve to the right, having a central angle of 56° 04' 09", a radius of 1,080.00 feet and a chord bearing and distance of N 51° 30' 32" E, 1,015.21 feet; THENCE With said curve to the right, an arc distance of 1,056.88 feet; THENCE N 00° 11' 47" W, a distance of 445.22 feet to the POINT OF BEGINNING, and containing 348.197 acres of land, more or less. SAVE AND ACCEPT – 6.790 Acre Tract BEING a tract of land in the JERIMIAH HORN SURVEY, ABSTRACT NO. 411, Collin County, Texas and being all of that tract of land described in Deed to Glen Hobart Miller, according to the document filed of record in Volume 5535, Page 5150, Deed Records, Collin County, Texas, and being more particularly described as follows; BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped “RPLS 1674” the southeast corner of said Glen Hobart Miller tract; THENCE S 89° 33' 36" W, a distance of 435.20 feet to a 1/2 inch iron rod found; THENCE N 00° 35' 42" W, a distance of 720.82 feet; THENCE S 72° 45' 57" E, a distance of 182.35 feet to a 5/8 inch iron rod with a yellow plastic cap stamped “5560”; THENCE N 89° 47' 35" E, a distance of 266.11 feet; THENCE S 00° 12' 25" E, a distance of 664.37 feet to the POINT OF BEGINNING, and containing 6.790 acres of land, more or less. Page 12 Item 4f AREA 90-C LEGAL DESCRIPTION 168.885 ACRES BEING a tract of land located in the SPENCER GRAHAM SURVEY, ABSTRACT NO. 359 and WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895, Collin County, Texas, and being part of that tract of land described in Deed to 55 Prosper, L.P., according to the document filed of record in Document Number 20120111000035080, Official Public Records, Collin County, Texas, and being all of that tract of land described in Deed to 55 Prosper, L.P., according to the document filed of record in Document Number 20140530000540050, Official Public Records, Collin County, Texas and being more particularly described as follows; BEGINNING at a point in the approximate centerline of First Street, a variable width right-of- way; THENCE N 17° 01' 37" E, leaving said approximate centerline, a distance of 27.87 feet to a point in the approximate centerline of a creek; THENCE With said approximate centerline, the following courses and distances: N 38° 56' 55" E, a distance of 61.51 feet; N 49° 18' 17" E, a distance of 68.56 feet; N 63° 14' 48" E, a distance of 14.03 feet; N 54° 30' 38" E, a distance of 35.56 feet; N 20° 55' 36" E, a distance of 7.72 feet; N 04° 51' 22" W, a distance of 9.02 feet; N 14° 01' 26" W, a distance of 16.71 feet; N 45° 34' 38" W, a distance of 52.59 feet; N 33° 42' 12" W, a distance of 31.52 feet; N 30° 06' 30" W, a distance of 48.00 feet; N 33° 54' 25" E, a distance of 42.00 feet; N 83° 38' 20" E, a distance of 37.90 feet; N 88° 27' 23" E, a distance of 40.60 feet; Page 13 Item 4f N 77° 19' 03" E, a distance of 34.52 feet; N 49° 56' 53" E, a distance of 43.39 feet; N 01° 55' 00" W, a distance of 41.20 feet; N 14° 57' 17" E, a distance of 80.55 feet; N 38° 42' 38" E, a distance of 33.38 feet; N 69° 11' 36" E, a distance of 84.25 feet; N 31° 01' 21" E, a distance of 31.79 feet; N 17° 28' 44" W, a distance of 42.69 feet; N 52° 55' 13" W, a distance of 95.12 feet; N 15° 00' 03" W, a distance of 77.74 feet; N 06° 32' 22" E, a distance of 107.47 feet; N 14° 06' 28" W, a distance of 39.45 feet; N 44° 14' 08" W, a distance of 41.05 feet; N 58° 39' 43" E, a distance of 75.45 feet; N 46° 44' 48" E, a distance of 71.88 feet; N 23° 19' 43" W, a distance of 90.43 feet; N 21° 51' 39" E, a distance of 55.79 feet; S 72° 38' 30" E, a distance of 114.79 feet; N 38° 50' 29" E, a distance of 62.10 feet; N 49° 16' 59" E, a distance of 156.27 feet; N 44° 31' 53" E, a distance of 104.91 feet; N 89° 20' 45" E, a distance of 388.78 feet; N 00° 03' 58" E, a distance of 658.18 feet; Page 14 Item 4f N 77° 32' 43" E, a distance of 827.10 feet; N 57° 09' 20" E, a distance of 92.96 feet; N 56° 27' 39" E, a distance of 140.81 feet; N 59° 42' 53" E, a distance of 92.85 feet; N 49° 47' 07" E, a distance of 130.40 feet; N 40° 04' 15" E, a distance of 27.90 feet; N 24° 43' 50" W, a distance of 29.82 feet; N 40° 04' 15" E, a distance of 64.75 feet; N 26° 51' 00" E, a distance of 27.47 feet; N 42° 51' 28" W, a distance of 42.55 feet; N 51° 11' 45" W, a distance of 136.11 feet; N 29° 27' 15" E, a distance of 78.05 feet; N 48° 03' 20" E, a distance of 72.70 feet; N 21° 16' 03" E, a distance of 79.43 feet; N 30° 46' 32" E, a distance of 133.56 feet; N 53° 20' 12" E, a distance of 92.18 feet; N 31° 31' 28" E, a distance of 152.86 feet; N 63° 33' 42" E, a distance of 105.83 feet; S 75° 35' 49" E, a distance of 91.96 feet; S 46° 14' 22" E, a distance of 122.60 feet; S 61° 54' 06" E, a distance of 37.16 feet; S 81° 31' 52" E, a distance of 47.72 feet; N 87° 16' 58" E, a distance of 30.99 feet; Page 15 Item 4f N 75° 56' 16" E, a distance of 107.09 feet; S 87° 41' 47" E, a distance of 88.07 feet; S 77° 25' 37" E, a distance of 61.42 feet; N 69° 17' 03" E, a distance of 78.70 feet; N 30° 22' 20" E, a distance of 71.28 feet; N 49° 47' 51" E, a distance of 78.27 feet; N 89° 12' 42" E, a distance of 119.29 feet; N 80° 54' 02" E, a distance of 198.15 feet; N 59° 12' 26" E, a distance of 80.80 feet; THENCE S 00° 10' 40" E, leaving the above mentioned approximate centerline, a distance of 2,914.03 feet to a point in the above mentioned approximate centerline of First Street; THENCE S 88° 34' 05" W, with said approximate centerline, a distance of 124.83 feet; THENCE N 00° 11' 47" W, leaving said approximate centerline, a distance of 48.32 feet to a point in the north line of said First Street; THENCE With said north line, the following courses and distances: S 89° 43' 47" W, a distance of 354.49 feet to a point at the beginning of a to the left having a central angle of 04° 11' 17", a radius of 1,490.00 feet and a chord bearing and distance of S 87° 38' 08" W, 108.89 feet; With said curve to the left, an arc distance of 108.91 feet; S 85° 32' 30" W, a distance of 487.45 feet to a point at the beginning of a curve to the left having a central angle of 19° 32' 16", a radius of 1,245.00 feet and a chord bearing and distance of S 75° 46' 22" W, 422.49 feet; With said curve to the left, an arc distance of 424.54 feet; S 66° 00' 14" W, a distance of 257.27 feet to a point at the beginning of a curve to the right having a central angle of 23° 40' 28", a radius of 1,055.19 feet and a chord bearing and distance of S 77° 50' 31" W, 432.91 feet; With said curve to the right, an arc distance of 436.00 feet; Page 16 Item 4f S 89° 40' 56" W, a distance of 1,476.62 feet; S 00° 19' 04" E, a distance of 71.13 feet to a point in the above mentioned approximate centerline of First Street; THENCE S 89° 41' 27" W, with said approximate centerline of First Street, a distance of 90.73 feet to the POINT OF BEGINNING, and containing 168.885 acres of land, more or less. Page 17 Item 4f AREA 90-D LEGAL DESCRIPTION 19.175 ACRES BEING a tract of land located in the JAS STONE SURVEY, ABSTRACT NO. 847, Collin County, Texas, and being part of that tract of land described in Deed to 55 Prosper, LP, according to the document filed of record in Document Number 20120111000035080, Official Public Records, Collin County, Texas, and being more particularly described as follows; BEGINNING at a point in the approximate centerline of First Street, a variable width right-of- way; THENCE N 89° 41' 24" E, with said approximate centerline, a distance of 709.09 feet; THENCE S 00° 19' 04" E, leaving said approximate centerline, a distance of 545.92 feet; THENCE S 39° 12' 27" E, a distance of 285.04 feet; THENCE S 50° 49' 17" W, a distance of 948.47 feet; THENCE N 39° 10' 43" W, a distance of 148.84 feet; THENCE N 00° 37' 08" W, a distance of 444.50 feet; THENCE S 89° 25' 33" W, a distance of 50.18 feet; THENCE N 00° 34' 26" W, a distance of 802.82 feet to the POINT OF BEGINNING, and containing 19.175 acres of land, more or less. Page 18 Item 4f EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to re-align PD-25 and PD-39 into new planned development districts with respect to the current property ownership and divide the existing entitlements on a pro-rata basis amongst the new PDs and tracts. The development standards for the new planned development district have been re-established as outlined herein. Design Guidelines are included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Page 19 Item 4f EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component - Tract ‘A’, ‘B’, ‘C’ & ‘D’ 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: The single family components are shown as Tracts ‘B,’ ‘C,’, ‘D’ (and limited use in Tract ‘A’) on Exhibit D. This Planned Development Ordinance permits single-family residential units and townhome units as reflected below: 15,000 SF Lots Type “A” Lots 70 Maximum Units 12,000 SF Lots Type “B-1” Lots 926 Maximum Units 10,000 SF Lots Type “B-2” Lots 278 Maximum Units 9,000 SF Lots Type “C” Lots 345 Maximum Units 7,000 SF Lots Type “D” Lots 211 Maximum Units Townhome Lots Townhome Lots 300 Maximum Units TOTAL LOTS 2,130 Maximum Units This Planned Development Ordinance shall permit a maximum of 348 single-family residential units within Tract ‘C’ and a maximum of 333 single-family residential units located generally within Tract ‘B1’, as illustrated in Exhibit ‘D.’ Of the maximum 348 single-family residential units that may be developed in Tract ‘C’, a minimum of 20% of the total units shall be developed to the Type “A” standards with the remaining lots being developed to the Type “B-2” standards. Of the 333 single-family residential units that may be developed within Tract ‘B1’, a maximum of 83 units may be developed to Type “C” standards and a maximum of 56 units may be developed to “D” standards. All other units within Tract ‘B1’ shall be developed to Type “A” or “B-1” standards. Of the 211 Type “D” single-family residential units, 153 single-family units shall only be permitted within Tract ‘A’, 56 single-family units shall only be permitted within Tract ‘B-1’, and the remaining units shall be permitted with Tracts ‘B’, ‘C’, or ‘D’. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) Page 20 Item 4f • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on- course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder or developer during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings / offices for builders’ or developers’ incidental construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 dwelling units per acre overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 dwelling units per acre, except townhouse neighborhoods which shall not have a density greater than 10.0 dwelling units per acre. 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’ & ‘G’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B-1 B-2 C D Page 21 Item 4f Min. Lot Area (sq. ft.) 15,000 12,000 10,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B-1 B-2 C D Max. Building coverage (%) 50 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B-1 B-2 C D Min. Lot Width (ft.) 90 80 75 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY A B-1 B-2 C D Min. Lot Dept (ft.) 125 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B-1 B-2 C D Min. Front Yard (ft.) 30 25 20 20 5 Page 22 Item 4f Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B-1 B-2 C D Min. Side Yard (ft.) 8 7 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet (20’) for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B-1 B-2 C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,500 2,200 2. Single-family Residential Component – Tract ‘A’, ‘B’, ‘C’ & ‘D’ General Conditions 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an Page 23 Item 4f integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of- way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. Page 24 Item 4f 2.6. Maintenance of Facilities: The Developer has established a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of-Way (ROW). As the Property develops in phases, each new phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer has provided the Town with a copy of the HOA deed restrictions that will become part of the deed of record and will provide the Town with any amendments or revisions to the deed restrictions. 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A,’ ‘B,’ ‘C,’ and ‘D’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge Page 25 Item 4f rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tracts ‘B,’ ‘C,’ and ‘D’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any park dedicated to the Town in excess of the minimum five percent (5%) requirement in any individual development phase of this Planned Development may be credited towards the future park dedication requirements of future phases within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.12. Townhouse Uses: Townhouse units shall be allowed within the single family residential component Tract ‘B’ of the Property (shown as ‘TH Area ”B”’ on Exhibit ’D’). A maximum of ten units per gross acre of land shall be allowed up to a maximum of 150 townhouse units. Townhouse residential housing types, shall be developed in accordance with the following criteria which are identical to Section 4.2.1.4 Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0’ Min. Side Setback (corner lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of storiesa 48' / 3 Page 26 Item 4f a Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 2.12.1. Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 2.12.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular U-turn movements back onto a public street. 2.13 Adjacency to Major Creeks, Floodplains, and Open Space: All development shall comply with Section 14 of Subdivision Ordinance No. 03-05. 3. Deleted 4. Mixed-Use Component – Tract ‘A’ 4.1 Definition: The mixed-use area (shown as Tract ‘A’ on Exhibit D) of this Planned Development includes residential and non-residential land uses. Retail and office uses include those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. Residential land uses are intended to supply higher-density attached and detached housing types that provide a buffer between the more intense retail and commercial land uses along U.S. Highway 380 and the less intense residential development. 4.2 General Description: This PD Ordinance allows a maximum of 138.3 acres of mixed use development, generally located north of U.S. Highway 380. Requirements for this area within the development are described below. 4.2.1 Residential uses 4.2.1.1 Single-family Uses: Detached single-family units shall be allowed within the mixed-use area but shall not be allowed within one thousand feet of U.S. Highway 380, as measured at any building line of such residential lot. If portions of the designated mixed-use area are developed with single-family residential housing, they shall be developed in accordance with the standards contained within Section 1 of this Ordinance. There shall be allowed a maximum of 153 such housing units within the mixed-use area. Page 27 Item 4f 4.2.1.2 Deleted 4.2.1.3 Townhouse Uses: Townhouse units shall be allowed within the mixed- use area. A maximum of ten units per gross acre of land shall be allowed within the mixed-use area up to a maximum of 150 townhouse units. If portions of the designated mixed-use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 4.2.1.4. 4.2.1.3.1 Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.3.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.3.3 Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. 4.2.1.4 Residential development intensity: Development intensity shall be in accordance with the following table: Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0’ Min. Side Setback (corner lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of storiesa 48' / 3 a Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. Page 28 Item 4f 4.2.2 Non-residential uses 4.2.2.1 Allowed Uses: Non-residential land uses allowed within the mixed-use area are as allowed in Section 1.3 herein and as permitted in the Neighborhood Service, Office and Commercial Corridor districts, listed in Zoning Ordinance No. 05-20. Additional uses allowed by right include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. • Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. • Post Office Facilities. • Research and Development Center. • Winery. • Optical Stores – Sales and Services. Mini-Warehouses Shall be allowed by SUP. 4.2.2.2 Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed- use area as required by Zoning Ordinance No. 05-20. 4.2.2.3 Exterior Façade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4.2.2.4 Commercial development intensity: Development intensity for non- residential land uses shall be as follows: 4.2.2.4.1 Floor Area: The allowable floor area of buildings within the mixed-use area shall be unlimited, provided that all conditions described herein are met. 4.2.2.4.2 Lot Area: The minimum lot area shall be 10,000 square feet. 4.2.2.4.3 Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 4.2.2.4.4 Lot Width: The minimum width of any lot shall be fifty feet. 4.2.2.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet. Page 29 Item 4f 4.2.2.4.6 Front Yard: The minimum depth of the front yard shall be thirty feet 4.2.2.4.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty-four-foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot side yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.8 Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty-four-foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot rear yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.9 Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. 4.2.2.4.10 Open Space Requirement for Non-Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. Deleted 6. Mixed-Use Component – Tract ‘A’ General Conditions 6.1 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance Page 30 Item 4f Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as they exist or may be amended. All right-of-ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 6.2. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with Zoning Ordinance 05-20 as it exists or may be amended. 6.3. Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. 6.4. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan 6.5. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit “D” are approximations and may be modified at the time of final platting. 6.6. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road, and University Drive shall be subject to the TxDOT review process as required. 6.7. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building façade, trim, or roof surface. Page 31 Item 4f EXHIBIT “D” ZONING SITE PLAN Page 32 Item 4f EXHIBIT “E” DEVELOPMENT SCHEDULE The development schedule for the approximate 675.1 acres will be phased over the next ten to fifteen years. Dates are approximate and are subject to change with final design and due to external forces, such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Page 33 Item 4f EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL STYLE ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction Page 34 Item 4f 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: Page 35 Item 4f 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Page 36 Item 4f Page 37 Item 4f EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL STYLE ‘A’ HOME EXAMPLES Page 38 Item 4f Page 39 Item 4f Page 40 Item 4f Page 41 Item 4f Page 42 Item 4f Page 43 Item 4f Page 44 Item 4f Page 45 Item 4f Page 46 Item 4f Page 47 Item 4f EXHIBIT “G” SINGLE-FAMILY RESIDENTIAL STYLE ‘B’ DESIGN GUIDELINES 1. ARCHITECTURE: The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood, vinyl casement divided light windows, or approved metal windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. Page 48 Item 4f 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of these or as approved by the developer. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Front walls and screens visible from streets shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Side and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or other approved materials. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used as required, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots. Page 49 Item 4f 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, exposed aggregate or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, flagstone or exposed aggregate. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone, exposed aggregate or other approved materials. 6. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. In addition to the 2 required front yard trees, a minimum of two 4” caliper live oaks or red oaks shall be planted in each side yard space that abuts a street. Page 50 Item 4f Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an ordinance amending Planned Development-67 (PD-67), on 78.5± acres, located on the northwest corner of Preston Road and Richland Boulevard, generally to modify the development standards. (Z18-0003). Description: On June 26, 2018, the Town Council approved the proposed rezoning request by a vote of 7-0. An ordinance has been prepared accordingly. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance amending Planned Development-67 (PD-67), on 78.5± acres, located on the northwest corner of Preston Road and Richland Boulevard, generally to modify the development standards. Prosper is a place where everyone matters. PLANNING Item 4g TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20, ORDINANCE NO. 00-03, ORDINANCE NO. 00-09, ORDINANCE NO. 04-47, AND ORDINANCE NO. 14-92; REZONING A TRACT OF LAND CONSISTING OF 621.07 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, B. RENISON SURVEY, ABSTRACT NO. 755, AND J. YARNALL SURVEY, ABSTRACT NO. 1038, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-67 (PD-67), IS HEREBY AMENDED IN ITS ENTIRETY AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-67 (PD-67); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 00-09, Ordinance No. 04-47, and Ordinance 14-92, should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Blue Star Allen Land, LP and 183 Land Corporation, Inc. (“Applicant”) to rezone 621.07 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison Survey, Abstract No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 00- 09, Ordinance No. 04-47, and Ordinance No. 14-92. Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 00-09, Ordinance No. 04-47, and Ordinance No. 14-92, are amended Item 4g Ordinance No. 18-__, Page 2 in their entirety as follows: The zoning designation of the property containing 621.07 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison Survey, Abstract No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby amended in its entirety and rezoned as Planned Development-67 (PD-67). The Property as a whole and for this zoning classification is more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as Exhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule, attached hereto as Exhibit “E”; 5) and the supplemental design guidelines, attached hereto as Exhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. Item 4g Ordinance No. 18-__, Page 3 SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4g Gates of Prosper Planned Development Ordinance Adopted by Ordinance No. 14-92 May 27, 2014 Amended in its Entirety by Ordinace No. 18-__ July 10, 2018 Item 4g Planned Development No. 67 Page | 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”) Item 4g Planned Development No. 67 Page | 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. Item 4g Planned Development No. 67 Page | 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; Item 4g Planned Development No. 67 Page | 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. Item 4g Planned Development No. 67 Page | 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; Item 4g Planned Development No. 67 Page | 5 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; 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; Item 4g Planned Development No. 67 Page | 6 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; THENCE in an easterly direction, continuing across said “Tract Seven”, the following: Item 4g Planned Development No. 67 Page | 7 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. Item 4g Planned Development No. 67 Page | 8 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} Item 4g Planned Development No. 67 Page | 9 EXHIBIT “C” Planned development standards Item 4g Planned Development No. 67 Page | 10 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). Item 4g Planned Development No. 67 Page | 11 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. Item 4g Planned Development No. 67 Page | 12 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 façade’s 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. Item 4g Planned Development No. 67 Page | 13 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. The Item 4g Planned Development No. 67 Page | 14 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. 2.4 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. Item 4g Planned Development No. 67 Page | 15 Item 4g Planned Development No. 67 Page | 16 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. Item 4g Planned Development No. 67 Page | 17 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 4. A minimum building separation of 15 feet is required between buildings. Zero feet Item 4g Planned Development No. 67 Page | 18 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 2,500 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. 2. Minimum density requirement of 24 du/ac (net) excluding mixed-use vertical structures which combine retail, office, etc. with residential units. 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 600 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 constructed in any other subdistrict, such that the maximum allowable number of townhome units for this Planned Development District does not exceed 150 units. Item 4g Planned Development No. 67 Page | 19 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. 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. 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. 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. Item 4g Planned Development No. 67 Page | 20 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. Item 4g Planned Development No. 67 Page | 21 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 representative of the architectural style, color and material selections depicted therein. Item 4g Planned Development No. 67 Page | 22 Item 4g Planned Development No. 67 Page | 23 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: 1. Canopies, awnings, or porticos 2. Wall recesses / projections 3. Arcades 4. Arches Item 4g Planned Development No. 67 Page | 24 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. 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 Item 4g Planned Development No. 67 Page | 25 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. Buildings will be oriented towards perimeter streets such that buildings adjacent to streets with on-street parallel parking shall be constructed to a “build-to” line. That is a line parallel to the street where the primary façade of the building must be built to. The build-to line will be determined during the site planning process based upon the minimum distance that will allow the required landscaping and pedestrian sidewalks to be installed between the building and the adjacent street. In no case shall the build-to line be less than the minimum building setback as provided for herein. 2. A minimum of forty (40) percent of the units will have private garages. 3. 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. 4. All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. Item 4g Planned Development No. 67 Page | 26 5. 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. 6. Front porches and/or stoops are required on facades which front public streets. 7. 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. 8. 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. 9. 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 representative of the architectural style, color and material selections depicted therein. Item 4g Planned Development No. 67 Page | 27 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. Item 4g Planned Development No. 67 Page | 28 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 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 a central focal element for this Subdistrict, along with a 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 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 of the unit. Item 4g Planned Development No. 67 Page | 29 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 (Urban Standards) Land Use/Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Townhome(2) 5 ft. 5 ft.(3) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1) 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. 2. 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 equivalent. Metal garage doors are not permitted. 3. A minimum building separation of 15 feet is required. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 2. Minimum density requirement of 24 du/ac (net). Item 4g Planned Development No. 67 Page | 30 4.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a 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. 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. 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 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. Item 4g Planned Development No. 67 Page | 31 Table 4-5. Maximum Building Height (7) 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(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 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. 5. 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. 6. The minimum height of a townhome is two-story. 7. 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 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. Item 4g Planned Development No. 67 Page | 32 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. 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. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 5. All multifamily criteria and conceptual photos in section 3.4 of this 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. Item 4g Planned Development No. 67 Page | 33 Conceptual Photos – The following photographs shall be representative of the architectural style, color and material selections depicted therein. 4.3.4 Window Areas. 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. 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. Item 4g Planned Development No. 67 Page | 34 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: 1. No projection shall be permitted into a building setback or right-of-way of Lovers Lane, Coleman Street or Frost 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 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 6.6 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 6.6 of this Ordinance. Item 4g Planned Development No. 67 Page | 35 5.0 subdistrict 4—RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities. The development standards included in this Subdistrict are generally consistent with the Single-Family-10, zoning district in the existing Town of Prosper Zoning Ordinance. By providing additional housing opportunities in close proximity to the services included in the other Subdistricts as well as varied transit opportunities will allow for an overall development that will be more self-sufficient and ultimately more sustainable. 5.2 SITE CRITERIA 5.2.1 Property Development Regulations. The proposed housing types shall conform to the property development regulations in Tables 5-1 and 5-2. Table 5-1. Size of Yards Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Single-Family 25 ft. 8 ft. 15 ft. 25 ft. Table 5-2. Size of Lots and Lot Coverage Building Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Single-Family 10,000 sq. ft. 80 ft.(1) 125 ft. 50% 200 lots Notes 1. The minimum lot width is defined as the minimum width as measured along the platted building setback line. 5.2.2 Minimum Dwelling Area. The minimum dwelling area for standard residential uses shall be as follows: a. Single-Family. The minimum dwelling area shall be 2,100 square feet. 5.2.3 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 5.2.4 Private Street Development. Restricted access or gated entrances may be permitted as means of establishing a private street development or gated community within Subdistrict 4 via a specific use permit. 5.2.5 Garage Entry. Garages with ‘L’ or ‘J’ hook driveway entrances shall be permitted in Subdistrict 4. Item 4g Planned Development No. 67 Page | 36 5.3 PERMITTED USES The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 5.4 CONCEPTUAL ELEVATIONS The following elevations shall be representative of the architectural style, color and material selections depicted therein. Item 4g Planned Development No. 67 Page | 37 Item 4g Planned Development No. 67 Page | 38 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: Item 4g Planned Development No. 67 Page | 39 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. Item 4g Planned Development No. 67 Page | 40 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. Item 4g Planned Development No. 67 Page | 41 • 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. Item 4g Planned Development No. 67 Page | 42 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. Item 4g Planned Development No. 67 Page | 43 (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. Item 4g Planned Development No. 67 Page | 44 (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 Item 4g Planned Development No. 67 Page | 45 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 Item 4g Planned Development No. 67 Page | 46 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    Corporate Campus   Governmental Office    Insurance Office    Multi-Tenant Office Building    Research and Development Center –see conditions in Town Zoning Ord. S S S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    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    Farmer's Market S S S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    Pawn Shop Retail Stores and Shops    Item 4g Planned Development No. 67 Page | 47 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   Bank, Savings and Loan, or Credit Union    Beauty Salon/Barber Shop    Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    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    Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    Health/Fitness Center    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    Item 4g Planned Development No. 67 Page | 48 SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    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 Item 4g Planned Development No. 67 Page | 49 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 6.6.1 of this Ordinance. {This space intentionally left blank} Item 4g Planned Development No. 67 Page | 50 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. Item 4g Planned Development No. 67 Page | 51 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 Item 4g Planned Development No. 67 Page | 52 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. Item 4g Planned Development No. 67 Page | 53 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’). {This space intentionally left blank} Item 4g Planned Development No. 67 Page | 54 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. Item 4g Planned Development No. 67 Page | 55 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 Item 4g Planned Development No. 67 Page | 56 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. 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. Item 4g Planned Development No. 67 Page | 57 EXHIBIT “E” Development Schedule Item 4g Planned Development No. 67 Page | 58 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. Item 4g Planned Development No. 67 Page | 59 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Item 4g Planned Development No. 67 Page | 60 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. Item 4g Planned Development No. 67 Page | 61 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. Item 4g Planned Development No. 67 Page | 62 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. Item 4g Planned Development No. 67 Page | 63 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. Item 4g Planned Development No. 67 Page | 64 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. Item 4g Planned Development No. 67 Page | 65 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. Item 4g Planned Development No. 67 Page | 66 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Item 4g PR E S T O N R O A D ST A T E H I G H W A Y 2 8 9 U.S. HIGHWAY 380 BU R L I N G T O N N O R T H E R N S A N T A F E R A I L R O A D Mc K I N N E Y CR O C K E T T FIRST STREET SECOND STREET BU S I N E S S 2 8 9 CH U R C H PROPOSED 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). 173.19 GROSS ACRES 136.49 NET ACRES PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 217.83 GROSS ACRES 190.69 NET ACRES FIRST STREET CR A I G R O A D PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES FIRST STREET FUTURE LOVERS LANE RICHAND DRIVE CO L E M A N S T R E E T CO L E M A N S T R E E T Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT "A" FOR ZONING CASE NO. Z18-0003 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 DW G N A M E : K: \ M K N _ C I V I L \ 0 6 8 1 0 9 0 3 0 - G A T E S O F P R O S P E R \ C A D \ E X H I B I T S \ A R C H I V E \ G A T E S Z O N I N G E X H I B I T - 0 1 . D W G P L O T T E D B Y T E D E S C O , J O H N 5 / 8 / 2 0 1 8 1 2 : 0 1 P M L A S T S A V E D 5 / 8 / 2 0 1 8 1 1 : 5 7 A M GRAPHIC SCALE IN FEET 0300'150'300'600' 1"=300'' @ 24"X36" U.S. STATE HIGHWAY 380 ST A T E H I G H W A Y N O . 2 8 9 (VARIABLE WIDTH PUBLIC ROW) BU R L I N G T O N N O R T H E R N S A N T A F E R A I L R O A D LO V E R S L A N E DA L L A S N O R T H T O L L W A Y (P R E S T O N R O A D ) FIRST STREETMc K I N N E Y CR O C K E T T SECOND STREET BU S I N E S S HA L L CO L L E G E 28 9 SITE 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 DAB1" = 300' Checked by Date Project No.Sheet No. McKinney, Texas 75069 106 West Louisiana Street Tel. No. (469)-201-2590FIRM # 10115500 JCR 1 OF 2May 2018 068109030 Item 4g Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved DW G N A M E : K: \ M K N _ C I V I L \ 0 6 8 1 0 9 0 3 0 - G A T E S O F P R O S P E R \ C A D \ E X H I B I T S \ A R C H I V E \ G A T E S Z O N I N G E X H I B I T - 0 1 . D W G P L O T T E D B Y T E D E S C O , J O H N 5 / 8 / 2 0 1 8 1 2 : 0 1 P M L A S T S A V E D 5 / 8 / 2 0 1 8 1 1 : 5 7 A M 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 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. Z18-0003 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 DABN/A Checked by Date Project No.Sheet No. JCR 2 OF 2May 2018 068109030 McKinney, Texas 75069 106 West Louisiana Street 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 Item 4g Planned Development No. 67 Page | 67 APPENDIX A-1—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a-1” Item 4g PR E S T O N R O A D ST A T E H I G H W A Y 2 8 9 U.S. HIGHWAY 380 BU R L I N G T O N N O R T H E R N S A N T A F E R A I L R O A D Mc K I N N E Y CR O C K E T T FIRST STREET SECOND STREET BU S I N E S S 2 8 9 CH U R C H PROPOSED 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). 173.19 GROSS ACRES 136.49 NET ACRES PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 217.83 GROSS ACRES 190.69 NET ACRES CR A I G R O A D PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES FIRST STREET FUTURE LOVERS LANE RICHAND DRIVE CO L E M A N S T R E E T CO L E M A N S T R E E T A-1 AREA 78.508 ACRES SUB DISTRICT 1 SUB DISTRICT 2 HATCHED AREA IS LIMITS OF PD REVISION SUB DISTRICT LINE Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT "A-1" FOR ZONING CASE NO.D18-0037 GATES OF PROSPER BEING 78.508 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 DW G N A M E : K: \ M K N _ C I V I L \ 0 6 8 1 0 9 0 3 0 - G A T E S O F P R O S P E R \ C A D \ E X H I B I T S \ G A T E S Z O N I N G E X H I B I T A - 1 . D W G P L O T T E D B Y T E D E S C O , J O H N 5 / 2 9 / 2 0 1 8 5 : 1 0 P M L A S T S A V E D 5 / 2 9 / 2 0 1 8 4 : 5 4 P M GRAPHIC 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. 106 West Louisiana Street McKinney, TX 75069 Ph. 469-301-2590 Contact : Joe Riccardi Scale Drawn by DAB1" = 300' Checked by Date Project No.Sheet No. McKinney, Texas 75069 106 West Louisiana Street Tel. No. (469)-201-2590FIRM # 10115500 JCR 1 OF 1May 2018 068109030 EXHIBIT A LEGAL DESCRIPTION 621.07 ACRES 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; 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; 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. Item 4g Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved DW G N A M E : K: \ M K N _ C I V I L \ 0 6 8 1 0 9 0 3 0 - G A T E S O F P R O S P E R \ C A D \ E X H I B I T S \ G A T E S Z O N I N G E X H I B I T A - 1 . D W G P L O T T E D B Y T E D E S C O , J O H N 5 / 2 9 / 2 0 1 8 5 : 1 0 P M L A S T S A V E D 5 / 2 9 / 2 0 1 8 4 : 5 4 P M 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 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. ________ 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 DABN/A Checked by Date Project No.Sheet No. JCR 2 OF 2April 2018 068109030 McKinney, Texas 75069 106 West Louisiana Street 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 Item 4g Planned Development No. 67 Page | 68 APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” Item 4g Item 4g Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on the Windsong Ranch Park Facilities Agreement dated November 30, 2015, and to authorize the Town Manager to approve all future amendments. Description of Agenda Item: Similar to the Parks at Legacy, when reviewing the original Park Facilities Agreement, there was a procedural error discovered on how the agreement was executed. Town staff believed the Town Manager had the authority to sign the Park Facilities Agreement without Council approval. The Park Facilities Agreement kept the parkland the same as the PD requirement and added the use of the Park Improvement Fees. The Park Facilities Agreement also added language that the developer would maintain the park property until 70% of the development is built out. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement, and authorize the Town Manager to approve all future amendments once the Parks and Recreation Board has approved the amendment. This is the current process outlined in the Town’s Subdivision Ordinance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Park Facilities Agreement as to form and legality. Attached Documents: 1.Original Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board approved the agreement at the April 9, 2015, meeting by a vote of 5 – 0. Town Staff Recommendation: Town staff recommends that the Town Council ratify the Town Manager’s signature on the Windsong Ranch Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. PARKS & RECREATION Prosper is a place where everyone matters. Item 4h Page 2 of 2 Proposed Motion: I move to ratify the Town Manager’s signature on the Windsong Ranch Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Item 4h Page 1 of 1 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on the Frontier Estates Park Facilities Agreement dated December 19, 2013, and to authorize the Town Manager to approve all future amendments. Description of Agenda Item: Similar to the Parks at Legacy, when reviewing the original Park Facilities Agreement, there was a procedural error discovered on how the agreement was executed. Town staff believed the Town Manager had the authority to sign the Park Facilities Agreement without Council approval. The Park Facilities Agreement kept the parkland the same as the approved conveyance plat and added the use of the Park Improvement Fees. The Park Facilities Agreement also added language that the developer would maintain the park property until 70% of the development is built out. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement, and authorize the Town Manager to approve all future amendments once the Parks and Recreation Board has approved the amendment. This is the current process outlined in the Town’s Subdivision Ordinance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Park Facilities Agreement as to form and legality. Attached Documents: 1.Original Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board approved the agreement at the December 12, 2013, meeting by a vote of 5 -0. Town Staff Recommendation: Town staff recommends that the Town Council ratify the Town Manager’s signature on the Frontier Estates Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. Proposed Motion: I move to ratify the Town Manager’s signature on the Frontier Estates Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. PARKS & RECREATION Prosper is a place where everyone matters. Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Item 4i Page 1 of 1 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on the Lakes of Prosper North Park Facilities Agreement dated December 19, 2013, and to authorize the Town Manager to approve all future amendments. Description of Agenda Item: Similar to the Parks at Legacy, when reviewing the original Park Facilities Agreement, there was a procedural error discovered on how the agreement was executed. Town staff believed the Town Manager had the authority to sign the Park Facilities Agreement without Council approval. The Park Facilities Agreement kept the parkland the same as the PD requirement and added the use of the Park Improvement Fees. The PD and preliminary plat did not identify a park, so fees were paid in lieu of parkland dedication. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement, and authorize the Town Manager to approve all future amendments once the Parks and Recreation Board has approved the amendment. This is the current process outlined in the Town’s Subdivision Ordinance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Park Facilities Agreement as to form and legality. Attached Documents: 1.Original Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board approved the agreement at the December 12, 2013, meeting by a vote of 5 – 0. Town Staff Recommendation: Town staff recommends that the Town Council ratify Town Manager’s signature on the Lakes of Prosper North Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. Proposed Motion: I move to ratify the Town Manager’s signature on the Lakes of Prosper North Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. PARKS & RECREATION Prosper is a place where everyone matters. Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Item 4j Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on the Lakewood f/k/a Meadowbrook Park Facilities Agreement dated June 9, 2016, and to authorize the Town Manager to approve all future amendments. Description of Agenda Item: Similar to the Parks at Legacy, when reviewing the original Park Facilities Agreement, there was a procedural error discovered on how the agreement was executed. Town staff believed the Town Manager had the authority to sign the Park Facilities Agreement without Council approval. The Park Facilities Agreement kept the parkland the same as the Conveyance Plat requirement and added the use of the Park Improvement Fees. The Park Facilities Agreement also added language that the developer would maintain the park property until 70% of the development is built out. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement, and authorize the Town Manager to approve all future amendments once the Parks and Recreation Board has approved the amendment. This is the current process outlined in the Town’s Subdivision Ordinance. The Park Facilities Agreement was incorrectly dated June 9, 2016 by the developer. The correct effective date is the date of the last signature which is June 28, 2016. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Park Facilities Agreement as to form and legality. Attached Documents: 1.Original Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board approved the agreement at the June 9, 2016, meeting by a vote of 6 – 0. Town Staff Recommendation: Town staff recommends that the Town Council ratify the Town Manager’s signature on the Lakewood f/k/a Meadowbrook Park Facilities Agreement, and to authorize the Town Manager to approve all future amendments. PARKS & RECREATION Prosper is a place where everyone matters. Item 4k Page 2 of 2 Proposed Motion: I move to ratify the Town Manager’s signature on the Lakewood f/k/a Meadowbrook Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Item 4k Page 1 of 1 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on the Tanner’s Mill Park Facilities Agreement dated December 9, 2014, and to authorize the Town Manager to approve all future amendments. Description of Agenda Item: Similar to the Parks at Legacy, when reviewing the original Park Facilities Agreement, there was a procedural error discovered on how the agreement was executed. Town staff believed the Town Manager had the authority to sign the Park Facilities Agreement without Council approval. The Park Facilities Agreement kept the parkland the same as the Conveyance Plat requirement and added the use of the Park Improvement Fees. The Park Facilities Agreement also added language that the developer would maintain the park property until 70% of the development is built out. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement, and authorize the Town Manager to approve all future amendments once the Parks and Recreation Board has approved the amendment. This is the current process outlined in the Town’s Subdivision Ordinance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Park Facilities Agreement as to form and legality. Attached Documents: 1.Original Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board approved the agreement at the November 13, 2014, meeting by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council ratify Town Manager’s signature on the Tanner’s Mill Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. Proposed Motion: I move to ratify the Town Manager’s signature on the Tanner’s Mill Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. PARKS & RECREATION Prosper is a place where everyone matters. Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Item 4l Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on The Village at Prosper Trail, Phase II Park Facilities Agreement dated January 6, 2014, and to authorize the Town Manager to approve all future amendments. Description of Agenda Item: Similar to the Parks at Legacy, when reviewing the original Park Facilities Agreement, there was a procedural error discovered on how the agreement was executed. Town staff believed the Town Manager had the authority to sign the Park Facilities Agreement without Council approval. The Park Facilities Agreement kept the parkland the same as the PD requirement and added the use of the Park Improvement Fees. The PD and preliminary plat did not identify a park, so fees were paid in lieu of parkland dedication. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement, and authorize the Town Manager to approve all future amendments once the Parks and Recreation Board has approved the amendment. This is the current process outlined in the Town’s Subdivision Ordinance. The Park Facilities Agreement was incorrectly dated January 6, 2014 by the developer. The correct effective date is the date of the last signature which is February 22, 2014. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Park Facilities Agreement as to form and legality. Attached Documents: 1.Original Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board approved the agreement at the January 9, 2014, meeting by a vote of 5 – 0. Town Staff Recommendation: Town staff recommends that the Town Council ratify the Town Manager’s signature on The Village at Prosper Trail, Phase II Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. PARKS & RECREATION Prosper is a place where everyone matters. Item 4m Page 2 of 2 Proposed Motion: I move to ratify the Town Manager’s signature on The Village at Prosper Trail, Phase II Park Facilities Agreement, and authorize the Town Manager to approve all future amendments. Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Item 4m Page 1 of 2 To: Mayor and Town Council From: Chuck Springer, Executive Director of Administrative Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon an Ordinance granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property for the Town of Prosper, Texas, providing for compensation therefor, and providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its successors and assigns. Description of Agenda Item: The initial Franchise agreement with Texas Power and Light (now Oncor Electric Delivery Company LLC) and the Town of Prosper was adopted in 1924. This original franchise agreement was extended with amendments in 1948, 1953, 1963, 1993 and 2002. All of the ordinances simply amended the original franchise agreement. The proposed ordinance will adopt a new franchise agreement with the following updated language and provisions: •The franchise fees paid to the Town will be changed from annually to quarterly. •The term of this franchise agreement will be twenty years as set forth in the Town’s charter. •The liability and indemnification language has been updated to current legal standards. Due to a recent Texas Supreme Court opinion in the City of Richardson v. Oncor Electric Delivery Company LLC, new language regarding the relocation of facilities in the Town’s right-of-way has also been included in this agreement. This language is outlined in Section 3 and requires relocation of Oncor’s facilities at no cost within the right-of-way for Town-requested relocations. This language is an outcome of the referenced opinion and will be standard across all Oncor franchise agreement with municipalities. Budget Impact: The Town received franchise fee payments of $260,762 in FY 2016-17 from Oncor and $288,875 in the current fiscal year. The proposed ordinance sets the franchise fee amount at $0.003476 multiplied by each kilowatt hour. This is the maximum amount allowed under state law. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Ordinance as to form and legality. Attached Documents: 1. Ordinance Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 4n Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council consider and act upon an Ordinance granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property for the Town of Prosper, Texas, providing for compensation therefor, and providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its successors and assigns. Proposed Motion: I move to adopt an Ordinance granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property for the Town of Prosper, Texas, providing for compensation therefor, and providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its successors and assigns. Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 1 TOWN OF PROSPER ORDINANCE NO.18-__ AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND PUBLIC PROPERTY OF THE TOWN OF PROSPER, TEXAS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric Delivery Company LLC, its successors and assigns (herein called “Company”), the right, privilege and franchise to construct, extend, maintain and operate in, along, under and across the present and future streets, alleys, highways, public utility easements, public ways and other public property (Public Rights-of-Way) of the Town of Prosper, Texas (herein called "Town") electric power lines, with all necessary or desirable appurtenances (including underground conduits, poles, towers, wires, transmission lines, telephone and communication lines, and other structures for Company’s own use), (herein called “Facilities”) for the purpose of delivering electricity to the Town, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof, for the term set out in Section 7. SECTION 2. Poles, towers and other structures shall be so erected as not to unreasonably interfere with traffic over streets, alleys and highways. The Company will use reasonable efforts to work with the Town to avoid installing its facilities in park or Town property other than utility easements or street, alley, or highway Right-of-Way. SECTION 3. The Town reserves the right to lay, and permit to be laid, storm, sewer, gas, water, wastewater and other pipe lines, cables, and conduits, or other improvements and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under Public Rights-of-Way occupied by Company. The Town also reserves the right to change in any manner any curb, sidewalk, highway, alley, public way, street, utility lines, Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 2 storm sewers, drainage basins, drainage ditches, and the like. Town shall provide Company with at least thirty (30) days’ notice when requesting Company to relocate facilities and shall specify a new location for such facilities along the Public Rights-of-Way. Company shall, except in cases of emergency conditions or work incidental in nature, obtain a permit, if required by Town ordinance, prior to performing work in the Public Rights-of-W ay, except in no instance shall Company be required to pay fees or bonds related to its use of the Public Rights-of-Way, despite the Town’s enactment of any ordinance providing the contrary. Company shall construct its facilities in conformance with the applicable provisions of the National Electrical Safety Code. Town-requested relocations of Company facilities in the Public Rights-of-Way shall be at the Company’s expense; provided however, if the Town is the end use Retail Customer (customer who purchases electric power or energy and ultimately consumes it) requesting the removal or relocation of Company Facilities for its own benefit, or the project requiring the relocation is solely aesthetic/beautification in nature, it will be at the total expense of the Town. Provided further, if the relocation request includes, or is for, the Company to relocate above-ground facilities to an underground location, Town shall be fully responsible for the additional cost of placing the facilities underground. If any other corporation or person (other than Town) requests Company to relocate Company facilities located in Town Rights-of-Ways, the Company shall not be bound to make such changes until such other corporation or person shall have undertaken, with good and sufficient bond, to reimburse the Company for any costs, loss, or expense which will be caused by, or arises out of such change, alteration, or relocation of Company’s Facilities. Town may not request the Company to pay for any relocation which has already been requested, and paid for, by any entity other than Town. If Town abandons any Public Rights-of-Way in which Company has facilities, such abandonment shall be conditioned on Company's right to maintain its use of the former Public Rights-of-Way and on the obligation of the party to whom the Public Rights-of-Way is abandoned to reimburse Company for all removal or relocation expenses if Company agrees to the removal or relocation of its facilities following abandonment of the Public Rights-of-Way. If the party to whom the Public Rights-of-Way is abandoned requests the Company to remove or relocate its facilities and Company agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 3 cannot practically be made to another Public Rights-of-Way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. SECTION 4. A. In consideration of the granting of this Franchise, Company shall, at its sole cost and expense, indemnify and hold the Town, and its past and present officers, agents and employees harmless against any and all liability arising from suits, actions or claims regarding injury or death to any person or persons, or damages to any property arising out of or occasioned by the intentional and/or negligent acts or omissions of Company or any of its officers, agents, or employees in connection with Company’s construction, maintenance and operation of Company’s system in the Town Public Rights-of-Way, including any court costs, reasonable expenses and reasonable defenses thereof. B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable to the negligence or wrongful act or omission of the Company or its officers, agents or employees, and does not apply to the extent such loss, damage or injury is attributable to the negligence or wrongful act or omission of the Town or the Town’s officers, agents, or employees or any other person or entity. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of Company and the Town. C. In the event of joint and concurrent negligence or fault of both Company and the Town, responsibility and indemnity, if any, shall be apportioned comparatively between the Town and Company in accordance with the laws of the state of Texas without, however, waiving any governmental immunity available to the Town under Texas law and without waiving any of the defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence or fault of both Company and the Town, responsibility for all costs of defense shall be apportioned between the Town and Company based upon the comparative fault of each. D. In fulfilling its obligation to defend and indemnify Town, Company shall have the right to select defense counsel, subject to Town’s approval, which will not be unreasonably withheld. Company shall retain defense counsel within seven (7) business days of Town’s written notice that Town is invoking its right to indemnification under this franchise. If Company fails to retain counsel within such time period, Town shall have the right to retain defense counsel on its own behalf, and Company shall be liable for all reasonable defense costs incurred by Town, except as otherwise provided in section 4.B and 4.C. Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 4 SECTION 5. This franchise is not exclusive, and nothing herein contained shall be construed so as to prevent the Town from granting other like or similar rights, privileges and franchises to any other person, firm, or corporation. Any Franchise granted by the Town to any other person, firm, or corporation shall not unreasonably interfere with this Franchise. SECTION 6. In consideration of the grant of said right, privilege and franchise by the Town and as full payment for the right, privilege and franchise of using and occupying the said Public Rights-of- Way, and in lieu of any and all occupation taxes, assessments, municipal charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes, bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the Town may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the Town is authorized to levy and impose upon real and personal property, sales and use taxes, and special assessments for public improvements, Company shall pay to the Town the following: A. A final annual payment was made on or before June 5, 2018 for the basis period of April 1, 2017 through March 31, 2018 and the privilege period of June 1, 2017 through May 31, 2018 in accordance with the provisions in the previous franchise. B. As authorized by Section 33.008(b) of PURA, the original franchise fee factor calculated for the Town in 2002 was 0.003310 (the “Base Factor”), multiplied by each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility’s point of delivery is located within the Town’s municipal boundaries for determining franchise payments going forward. Due to a 2006 agreement between Company and Town the franchise fee factor was increased to a franchise fee factor of 0.003476 (the “Current Factor”), multiplied by each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility’s point of delivery is located within the Town’s municipal boundaries on an quarterly basis. Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 5 However, consistent with the 2006 agreement, should the Public Utility Commission of Texas at any time disallow Company’s recovery through rates of the higher franchise payments made under the Current Factor as compared to the Base Factor, then the franchise fee factor shall immediately revert to the Base Factor of 0.003310 and all future payments, irrespective of the time period that is covered by the payment, will be made using the Base Factor. Company shall make quarterly payments as follows: Payment Due Date Basis Period Privilege Period (Following Year) September 5 Apr. 1 - Jun. 30 Jun. 1 - Aug. 31 December 5 Jul.1 - Sept. 30 Sept.1 - Nov. 30 March 5 Oct. 1 - Dec. 31 Dec. 1 – Feb. 28(29) June 5 Jan. 1 - Mar. 31 Mar. 1 - May. 31 1. The first payment hereunder shall be due and payable on or before September 5, 2018 and will cover the basis period of April 1, 2018 through June 30, 2018 and the privilege period of June 1, 2018 through August 31, 2018. If this franchise is not effective prior to the first quarterly payment date, Company will pay any payments due within 30 days of the effective date of this agreement. The final payment under this franchise is due on or before June 5, 2037 and covers the basis period of January 1, 2037 through March 31, 2037 and the privilege period of March 1, 2037 through May 31, 2037; and 2. After the final payment date of June 5, 2037, Company may continue to make additional quarterly payments in accordance with the above schedule. Town acknowledges that such continued payments will correspond to privilege periods that extend beyond the term of this Franchise and that such continued payments will be recognized in any subsequent franchise as full payment for the relevant quarterly periods. C. A sum equal to four percent (4%) of gross revenues received by Company from services identified as DD1 through DD24 in Section 6.1.2 “Discretionary Service Charges,” in Oncor’s Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the account and benefit of an end-use retail electric consumer. Company will, upon request by Town, provide a cross reference to Discretionary Service Charge numbering changes Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 6 that are contained in Company’s current approved Tariff. 1. The franchise fee amounts based on “Discretionary Service Charges” shall be calculated on an annual calendar year basis, i.e. from January 1 through December 31 of each calendar year. 2. The franchise fee amounts that are due based on “Discretionary Service Charges” shall be paid at least once annually on or before April 30 each year based on the total “Discretionary Service Charges”, as set out in Section 6C, received during the preceding calendar year. The initial Discretionary Service Charge franchise fee amount will be paid on or before April, 30 2019 and will be based on the calendar year January 1 through December 31, 2018. The final Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2038 and will be based on the calendar months of January 1, 2037 through May 31, 2037. 3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. 4. Town agrees (i) to the extent the Town acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the Town intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the Town will take an affirmative position supporting the 100% recovery of such franchise fees by Company and; (iii) in the event of an appeal of any such regulatory proceeding in which the Town has intervened, the Town will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company. 5. Town agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Company. 6. In the event of a regulatory disallowance of the recovery of the franchise fees on the Discretionary Service Charges, Company will not be required to continue payment of such franchise fees. SECTION 7. This Ordinance shall become effective upon Company's written acceptance hereof by Town, said written acceptance to be filed by Company with the Town within sixty (60) days after final passage and approval hereof. The right, privilege and franchise granted hereby shall expire Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 7 on May 31, 2037; provided that, unless written notice of cancelation is given by either party hereto to the other not less than sixty (60) days before the expiration of this franchise agreement, it shall be automatically renewed for an additional period of six (6) months from such expiration date and shall be automatically renewed thereafter for like periods until canceled by written notice given not less than sixty (60) days before the expiration of any such renewal period. SECTION 8. This Ordinance shall supersede any and all other franchises granted by the Town to Company, its predecessors and assigns. SECTION 9. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final non-appealable judgment or decree of any court of competent jurisdiction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. SECTION 10. In order to accept this franchise, Company must file with the Town Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by Town. SECTION 11. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted by Town, all as required by law. DULY PASSED AND APPROVED at a regular meeting of the Town Council of Prosper, Texas, on this the 10th day of July, 2018. ________________________________ Ray Smith, Mayor Item 4n ____________________________________________________ Oncor Electric Delivery Company LLC/Town of Prosper Electric Franchise Page 8 ATTEST: __________________________ Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________ Terrence S. Welch, Town Attorney Item 4n Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance rezoning 2.7± acres from Agricultural (A) to Single Family-Estate (SF-E), located on the northeast corner of Hays Road and Prestonview Drive. (Z18-0005). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Single Family Residence Low Density Residential North Agricultural Single Family Residence Low Density Residential East Single Family-15 Hays Park Low Density Residential South Agricultural Single Family Residence Low Density Residential West Office and PD-61-Office Multi-tenant Office Building and a Bank Retail & Neighborhood Services The purpose of the request is to obtain the appropriate zoning to allow the property owner to divide the existing residential lot into two (2) lots. The current Agricultural zoning requires a minimum lot area of two (2) acres. The requested zoning will allow the lot to be divided into two (2)lots that will meet the SF-E minimum lot area of one (1) acre. Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential for the property; the request conforms to the Future Land Use Plan. Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 2 Conformance to the Thoroughfare Plan – The property has direct access to existing Hays Road, a two-lane Commercial Collector. The request complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service is directly adjacent to the property. The existing house is served by an on-site septic system. Access and Circulation – The property has access from Hays Road and Prestonview Drive. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – No 100-year floodplain exists on the property. Legal Obligations and Review: Notification was provided to neighboring property owners, as required by state law. To date Town staff has not received any Public Hearing Notice Reply Forms. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Aerial and Zoning Maps 2. Ordinance Planning & Zoning Commission Recommendation: At their June 19, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve the request. Proposed Motion: I move to approve an ordinance rezoning 2.7± acres, from Agricultural to Single Family-Estate, located on the northeast corner of Hays Road and Prestonview Drive. Item 6 HIGHPOINT DR HA Y S R D CHANDLER CIR PRESTONVIEW DR BRIDGEPORT D R HICKORY CREEK DR HU R O N C T SA L T L A K E C T PASEWARK CIR PR E S T O N R D Z18-0005 ±0 110 220 33055Feet Item 6 HIGHPOINT DR HA Y S R D CHANDLER CIR PRESTONVIEW DR BRIDGEPORT D R HICKORY CREEK DR HU R O N C T SA L T L A K E C T PASEWARK CIR PR E S T O N R D Z18-0005 PD-61 PD-58 PD-56 PD-55 A SF-15 SF-10 O C O SF-15 O SF-15 R SF-15 C SF-15 SF-15 SF-15 A ±0 110 220 33055Feet Item 6 Item 6 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-___ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMEN DING PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 2.698 ACRES, SITUATED IN THE W. BUTLER SURVEY, ABSTRACT NO. 112, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS FROM AGRICULTUR AL (A) TO SINGLE FAMILY-ESTATE (SF-E); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Xponential Holdings, LLC (“Applicant”), to rezone 2.698 acres of land, more or less, in the W. Butler Survey, Abstract No. 112, in the Town of Prosper, Collin County, Texas, from Agriculture (A) to Single Family-Estate (SF-E) and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described property containing 2.698 acres of land, more or less, in the W. Butler Survey, Abstract No. 112, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads, and alleyways contiguous and/or adjacent thereto is hereby zoned as Single Family-Estate and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 6 Ordinance No. 18-___, Page 2 All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Item 6 Ordinance No. 18-___, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JULY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 6 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Old Town Inset Map of the Future Land Use Plan from Old Town Core – Single Family to Old Town Core – Retail, located on the east side of Coleman Street, between Fifth Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and MD18-0003] History: This item was tabled at the May 22nd, June 12th, and June 26th, 2018, Town Council meetings, per a request by the applicant. Description of Agenda Item: The applicant has requested this item be tabled indefinitely, as outlined in the attached letter. Attached Documents: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends the Town Council table this item indefinitely. Staff will re-advertise the Public Hearing once a meeting date has been determined. Proposed Motion: I move to table this item indefinitely. Prosper is a place where everyone matters. PLANNING Item 7           Please let this serve  as Cornerstone NCT’s request to table the Comprehensive Plan amendment (CA18-0001), rezoning (Z18-0002), and Facade Exception (MD18-0003) until further notice. Thanks, Wayne Bartley Chairman of the Board Cornerstone NCT   Item 7 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Retail (DTR), located on the southeast corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18-0001 and MD18-0003] History: This item was tabled at the May 22nd, June 12th, and June 26th, 2018, Town Council meetings, per a request by the applicant. Description of Agenda Item: The applicant has requested this item be tabled indefinitely, as outlined in the attached letter. Attached Documents: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends the Town Council table this item indefinitely. Staff will re-advertise the Public Hearing once a meeting date has been determined. Proposed Motion: I move to table this item indefinitely. Prosper is a place where everyone matters. PLANNING Item 8           Please let this serve  as Cornerstone NCT’s request to table the Comprehensive Plan amendment (CA18-0001), rezoning (Z18-0002), and Facade Exception (MD18-0003) until further notice. Thanks, Wayne Bartley Chairman of the Board Cornerstone NCT   Item 8 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon a request for a Façade Exception for Cornerstone, located on the southeast corner of Seventh Street and Coleman Street. (MD18-0003). [Companion Cases CA18-0001 and Z18-0002] History: This item was tabled at the May 22nd, June 12th, and June 26th, 2018, Town Council meetings, per a request by the applicant. Description of Agenda Item: The applicant has requested this item be tabled indefinitely, as outlined in the attached letter. Attached Documents: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends the Town Council table this item indefinitely. Staff will place this item on future agenda once a meeting date has been determined. Proposed Motion: I move to table this item indefinitely. Prosper is a place where everyone matters. PLANNING Item 9           Please let this serve  as Cornerstone NCT’s request to table the Comprehensive Plan amendment (CA18-0001), rezoning (Z18-0002), and Facade Exception (MD18-0003) until further notice. Thanks, Wayne Bartley Chairman of the Board Cornerstone NCT   Item 9 Page 1 of 3 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – July 10, 2018 Agenda Item: Presentation on the Town’s use of social media. Description of Agenda Item: The Town of Prosper utilizes various social media platforms to share information with community members about Town issues, programs, and services. The effective use of social media leads to a more responsive and transparent government, and a high level of public confidence. To address the rapidly changing manner in which residents communicate and obtain information, the Town makes appropriate use of the various forms of social media available to communicate with residents in ways they find most convenient. The Town of Prosper strives to provide information on social media that is accurate, relevant, and timely. All three components are important in providing the most reliable information, and building a high level of trust with the public as a reliable source of information. Social media has been a useful tool for the Town to communicate information to the public for several years. The Town’s Facebook page was created in 2011, and other social media accounts on various platforms has been added since that time. It was not until 2015 that the Town began to intentionally dedicate resources to communicate with the public via social media. A Part-Time Social Media Specialist was hired in the summer of 2015, and the Town Secretary was assigned the joint title of Town Secretary/Public Information Officer (PIO) at that time to oversee the Town’s social media program. In October 2017, the Town Council approved the reclassification of the position from Part-Time Social Media Specialist to Full-Time Communication Specialist. The reclassification has provided additional resources to increase the amount of staff time spent on social media engagement, and has also provided an opportunity to expand the role and duties of the position to include graphic design for Town marketing materials, photography, and video and audio editing capabilities to further enhance the quality and variety of social media content and marketing materials produced by the Town. Citizen engagement with social media has steadily increased since the Town began applying resources toward the program, as shown in the graphs below. Town staff first began tracking engagement data in 2015. In the first year after adding a dedicated part-time staff person, Town Facebook followers increased by 38%, and Twitter followers increased by 116%. Nextdoor members increased by 58% in 2017. Facebook, Twitter, and Nextdoor followers continue to increase every month; however, the platform that has seen the biggest increase is Instagram. Over the past three years, Instagram followers have more than doubled every year, increasing from 381 followers to 815 followers in the past 12 months. Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 10 Page 2 of 3 A monthly analytics report is generated to assist in analyzing content and engagement from the previous month. Town staff uses this information to understand what types of content generate the most interest from the public, whether the responses from the public are positive or negative, and whether the various social media accounts continue to attract new followers. The Town maintains social media accounts with Facebook, Twitter, Instagram, Nextdoor, Youtube, and LinkedIn. Several Town departments also maintain their own accounts in order to cater specifically to the interests of their respective audiences. For example, the Community Library has a Pinterest account to share information on craft projects and children’s activities. The Library is also rolling out a new blog this summer entitled “Bibliobunnies,” which will be written from the point of view of the two Library pets. Currently, the Town manages 19 different social media accounts across 8 different platforms. Town staff utilizes specialized software to help manage the multiple accounts. Hootsuite is a social media management tool that provides staff with the ability to manage several social media accounts at the same time, from one dashboard. The Communication Specialist uses this tool to schedule upcoming posts, scan each account for messages, reply to inquiries, and analyze daily activity. ArchiveSocial is a service the Town began using in 2017 to archive social media posts, in order to remain compliant with the Texas Public Information Act. The service provides staff with the ability to easily search for and produce records across all social media accounts in the event of a Public Information Request. Item 10 Page 3 of 3 In March of 2016, a Communications Team comprised of Town staff from multiple departments was created. The group meets monthly to discuss and coordinate social media, marketing, and public and media relations activities for the Town. The Communications Team played a significant role in the development of a new Social Media Policy, which was recently approved by the Town Manager, and incorporated into the Town’s Administrative Regulations. The Social Media Policy is the first section of a new Chapter of the Town’s Administrative Regulations entitled Public and Media Relations. The policy provides guidelines for posting content and interacting with the public using the Town’s various social media platforms. Additional sections will be added to Chapter 18 over time, including a Logo Policy and a Media Relations Policy, plus any additional policies that may be deemed necessary by Town staff or the Communications Team. Town Staff Recommendation: Town staff recommends the Town Council review and provide feedback on the Town’s use of social media. Item 10 Page 1 of 2 To: Mayor and Town Council From: Chuck Springer, Executive Director of Administrative Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon approving a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. Description of Agenda Item: In order to accommodate the operational needs of Town Hall, staff explored options for outsourcing the facilities management function. After researching cooperative purchasing options, staff recommends contracting with TDIndustries, Inc. (TD) for full facilities management services, to include the following: • facility management technical staffing; • quality control; • subcontract management; and • inventory and asset control/management. To meet the immediate operational needs of Town Hall, this Agreement specifically addresses custodial services, pest control services, coffee and vending services, water feature maintenance, and flag maintenance. TD obtained quotes for these services, and staff was involved in the selection process. The Town will be assigned a part-time Facilities Technician to perform daytime cleaning services, quarterly exit light inspections, monthly fire extinguisher inspections, general maintenance and repairs (e.g. light bulb replacements, plumbing issues, etc.), and other requests as applicable; and a Project Manager to oversee the Town’s account. Additionally, staff will work with TD on mechanical and systems maintenance that will be required for building operations. Pogue Construction will provide detailed maintenance information and training at project completion. At that time, the information will be reviewed, and maintenance needs will be addressed based on warranty periods, and required frequencies. An Addendum to the Agreement will be presented to Council for consideration once a maintenance schedule has been developed. The services will include, but will not be limited to the following: • Electrical/Lighting Services • HVAC/Mechanical Services • Plumbing Services Prosper is a place where everyone matters. FINANCE Item 11 Page 2 of 2 • Elevator Maintenance Although the main focus is to accommodate Town Hall, any of the services provided will be available to all Town facilities. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into a Master Interlocal Agreement with NCPA, effective June 1, 2018, which allows our local government to purchase certain goods or services through NCPA. The initial term of the agreement will be three years, with automatic one-year renewal periods. The Agreement allows for termination by the Town at any time, upon sixty days prior written notice. Budget Impact: The estimated annual amount for Facilities Management Services as outlined is $130,000, and will be funded from 100-5480-50-05 Facilities Management. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Agreement as to form and legality. Attached Documents: 1. Facility Management Services Agreement Town Staff Recommendation: Town staff recommends approving a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. Proposed Motion: I move to approve a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorize the Town Manager to execute the same. Item 11 1 Town of Prosper Facility Management Services Agreement This agreement entered into the day and year first set forth below between Contractor, TDIndustries,Inc. (hereinafter referred to as “Contractor”) with its principal place of business at 13850 Diplomat Drive Dallas, Texas 75381 and The Town of Prosper, with its principal address at 200 S. Main Street, Prosper, Texas 75078 (hereinafter referred to as “Owner”). This agreement is referenced through the National Cooperative Purchasing Alliance (NCPA) with a Registered Quotation Number of 2018-2139074592 for Facility Services. In consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties hereto agree as follows: 1.This Agreement, which includes the General Terms and Conditions set forth herein, shall be effective as of thedate first set forth below, and shall continue in force and effect for a period of three (3) years. It shall continue ineffect from year to year thereafter unless either party notifies the other in writing via certified mail, at least sixty(60) days prior to the expiration date that said party does not wish to continue performance.2.The following are attached hereto and made a part of this Contract: Attachment A, Scope of Services; AttachmentB, Pricing; and any other written Attachments as may be mutually agreed upon in writing. The foregoingAttachments may be modified from time to time by a written Agreement executed by both parties. Agreed-uponchanges, which increase or decrease the scope of services to be performed, will be subject the contract price toan equitable adjustment. Should any changes to relevant regulations, laws, or codes substantially affectContractor' services or obligations. Owner agrees to negotiate with Contractor for appropriate changes to thescope or price of this Agreement or both Owner acknowledges and agrees that any purchase order issued byOwner, in accordance with this Agreement, is intended only to establish payment authority for Owner’s internalaccount purposes. No purchase order shall be considered to be a counteroffer, amendment, modification or other revision to the terms of this Agreement. No term or condition included in Owner’s purchase order will have anyforce or effect on the Terms and Conditions as described herein.3.Contractor is an Independent Contractor and is not an employee of, partner of or in a joint venture with Owner.Contractor shall exercise general and overall control over its employees. Should Owner have a complaintregarding the performance of the services or the behavior of Contractor employees under this Agreement, orrequest a change in the manner in which services are being performed, it shall transmit same to Contractor AreaOperations Owner, whom shall take immediate action to resolve the problem.4.All services to be performed hereunder by Contractor shall be in accordance with standard practices andprocedure, as disclosed and provided in writing to Contractor, or as otherwise specifically required by Ownerfrom time to time. Contractor may substitute its own standard practices and procedures upon written approvalof Owner. Contractor agrees to take such safety precautions as are customary in the industry for the services tobe performed.5.Owner shall make available to Contractor such reasonable facilities, equipment, and supplies as required forContractor to perform the services under this Agreement as set forth by Attachment hereto. The facilities andequipment provided by Owner hereunder shall remain the property of Owner. However, Contractor shall beresponsible for maintaining the cleanliness of such facilities and equipment, unless otherwise instructed byOwner.6.If a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by informal negotiation.All disputes not resolved by informal negotiation shall be subject to nonbinding mediation by the parties. In theevent that a dispute is not resolved by such mediation, then either party may seek resolution in a state or federalcourt having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney’s feesincurred as a result of any litigation. In the event of any conflict between the terms and conditions of thisAgreement and any of its Attachments, the order precedence shall be; first this Agreement with its General Termsand Conditions, then Attachment C, then Attachment B, then Attachment A, then other Attachments to thisAgreement, if any. Any notice that is required to be given under this agreement must be in writing and sent theparty at the address above via certified mail. Attachment 1Item 11 2 Town of Prosper Facility Management GENERAL TERMS AND CONDITIONS This agreement shall be governed by and construed in accordance with the laws of place of performance of the Agreement. Any provisions of this Agreement which may be prohibited or unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or unenforceability in such jurisdiction only, and without invalidating the remaining provisions hereof in any other jurisdiction. 1. (A) Contractor agrees to indemnify and hold harmless Owner, including its directors, officers, employees, and agents from and against claims, liabilities, obligations, and expenses and costs relating thereto, including reasonable attorney’s fees and other legal expenses which are based on, imposed by law upon Owner for bodily injury (including death at any time resulting therefrom) and property damage (excluding property owned by or leased to Owner)which is caused by or arises out of Contractor negligence or misconduct in the performance of this Agreement. (B) Contractor further indemnifies and holds harmless Owner, its directors, officers, employees, and agents from and against claims by Contractor’ employees to the extent that such claims are based on injuries arising from or relating to the work performed under this Agreement and are not caused in whole or in part by the action or reaction of Owner. (C) In no event shall either party have any liability to the other for punitive, incidental, special, or consequential damages. (D) Contractor shall not be liable for and shall not bear any risk of claim, liability, or obligation for damage to the property, it being agreed that Owner assumes such risks in their entirety; and Owner shall arrange for its underwriters to cover its property at the site(s) (i.e. property, All Risk, boiler and machinery coverage, and other insurance coverage’s) and to waive all rights of subrogation in favor of Contractor and its subcontractors. Contractor’s total liability under this clause for the initial term of this Agreement, and all renewals hereof, shall be limited to a total of $2,000,000. 2. (A) Contractor will obtain and continue in force, during the term of this Agreement, all insurance specified below. Each insurance policy shall not be canceled or changed without thirty (30) days prior written notice, given by the insurance carrier to Owner at the address set forth below. Before starting work hereunder, Contractor shall deposit with Owner certificates evidencing the insurance it is to provide hereunder: (i) Worker’s Compensation and occupational Disease Disability insurance as required by the laws of the jurisdiction where the work is being performed, or by self-insurance, (ii) Employer’s liability insurance in the amount of $1,000,000 for each accident, (iii) Comprehensive automobile liability insurance for vehicles furnished by Contractor with a combined single limit of $2,000,000 for each occurrence, (iv) Comprehensive general liability insurance with a combined single limit of $5,000,000 for each occurrence/$5,000,000 aggregate. (B) Contractor shall cause the aforesaid insurance policies to include: (i) Owner as an additional insured with respect to liability arising out of operations performed for Owner, by or on behalf of Contractor, but only to the extent of damages directly caused by the negligence of Contractor; (ii) a standard cross liability and severability clause; (iii) language that said insurance shall be primary with respect to liability arising out of operations performed for Owner, by or on behalf of Contractor, but only to the extent of damages directly caused by the negligence of Contractor; (iv) contractual liability coverage for liability assumed under the terms of this Agreement; (v) thirty (30) days prior written notice of cancellation or change in coverage. 3. Neither Contractor no Owner will be responsible to the other for any punitive, special, indirect, or consequential damages. Neither party will be responsible to the other for damage, loss, injury, nor delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence, of that party. Such conditions include, but are not limited to: (a) acts of God; (b) acts of Government agencies; (c) strikes; (d) labor disputes; € fire; (f) explosions or other casualties; (g) thefts; (h) vandalism; (i) riots or war; or (j) unavailability of parts, materials, or supplies. If this agreement covers fire safety or security equipment, Owner understands that Contractor is not an insurer regarding those services. Contractor shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to perform properly or fails to prevent a casualty loss. 4. Owner acknowledges that employees assigned by Contractor to perform services pursuant to this Agreement represent a valuable resource for Contactor. Owner agrees that during the terms of this Agreement or any renewal thereof, it shall not offer to employee or accept for employment any such employees of Contractor Attachment 1Item 11 3 without the prior written consent of Contractor. In the event his Agreement is terminated by Owner for any reason at any time, other than for default by Contractor pursuant to this Agreement, Owner agrees that is shall not offer to employ or accept for employment any such employees of Contractor for a period of one hundred twenty (120) days following termination of this Agreement. In the event that Owner hires any employees of Contractor in contravention of the provisions of this Agreement, Owner agrees to pay Contractor a sum equal to one year’s salary of the employee calculated at the rate paid by Contractor to the respective employee on the date of his/her termination of employment with Contractor. 5. Upon the occurrence of any default or breach of this Agreement by either party, and as long as the same shall be continuing the injured party may, at its option, upon notice to the other in writing, declare this Agreement to be in default, and any time thereafter, so long as the other party shall not have remedied or caused the remedied all outstanding defaults and/or breaches the injured party may elect in accordance with law and any other Agreement between the parties to: (A) Proceed by appropriate court action at law or in equity to enforce performance by the defaulting party of its obligations under this Agreement or to recover damages for breach thereof; or (B) By notice in writing to the defaulting party, cancel or terminate this Agreement. IN addition, the injured party shall be entitled to be reimbursed for reasonable attorney’s fees, costs, and expenses, and shall be required to mitigate damages to the extent feasible. 6. The agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least sixty (60) days prior to the effective date of termination. By such termination, neither party may nullify obligations or liabilities already incurred for performance or failure to perform prior to the date of termination. In the event of termination by Owner, Owner will reimburse Contractor for all reasonable costs of termination, including but not limited to, costs of compliance of responding Owner’s instructions for implementing the termination (such as training follow-on contractors), reimbursement for unamortized costs of Contractor related to start-up expenses, tools, training and equipment that have been incurred in the performance of the work. 7. Contractor agrees to comply with any and all applicable federal, state or local regulatory requirements and to secure such licenses as may be required for its employees and to conduct business in the state, municipality, province or location. Contractor agrees to pay all applicable municipal, state, county or local sales, use, gross receipts or other related taxes arising out of, or relating to, the performance of this Agreement. Owner shall reimburse Contractor the amount of any such tax(es) paid. 8. This Agreement represents the entire understanding between the parties hereto, and any modifications or amendment hereof must be made in writing, executed by both parties hereto. 9. Neither party shall assign, sublet, sell, or transfer its interest in this Agreement without the written consent of the other. 10. Any notice required or permitted to be given pursuant to this Agreement shall be duly given if sent by fax, certified mail, or courier service and received, in the case of notice to Contractor at: Facilities Management Services business Unit Attention: Vice President at 13850 Diplomat Drive, Farmers Branch, Texas 75234. Prosper Attention: Town Manager at 200 S. Main Street, P.O. Box 307, Prosper, Texas 75078. Attachment 1Item 11 4 IN WITNESS WHEREOF, the parties hereto caused this agreement to be executed this _______ day of July, 2018. Contractor Owner NAME ________________________________________ NAME Harlan Jefferson TITLE _________________________________________ TITLE Town Manager DATE __________________________________________ DATE Attachment 1Item 11 5 Attachment A Facility Management Scope of Services I. Scope of Services Overview TDIndustries, referred to hereafter as TD, shall provide facility management services to the Town of Prosper, referred to hereafter as Prosper. TD shall provide the required personnel to operate and maintain the Town Hall and Town facilities at the physical address of 200 S. Main Street, Prosper, Texas 75078. TD shall provide an adequate number of duly qualified management and technical staff at the site to assure that 100% of the operational requirements of the facility are being met. The definition of services required to maintain the facility and assure protection of the physical assets may vary over the course of this agreement. II. Term of Agreement A. The Term of this Agreement will be for a three (3) year period beginning July ____, 2018. The agreement shall automatically renew on June 30, 2021 and continue in full force and effect until either party exercises its right to terminate the agreement as provided in the Terms & Conditions of this agreement. III. Scope of Services Maintenance and Operations of Mechanical and Electrical Systems and Defined Support Services A. TD will provide the following services as requested by Prosper site representative: • Facility Management Technical Staffing • Financial Management • Quality Control • Subcontract Management • Project Management • Inventory and Asset Control/Management B. TD shall be responsible for operating all mechanical and electrical systems as currently in operation or added during the contract term. Prosper reserves the right to adjust as it sees fit the equipment and systems to be included under this agreement operating in Idle, Normal or Emergency modes. C. For the purposes of this agreement, “Normal” mode operation for equipment shall consist of items including, but not limited to taking, voltage, temperature and pressure readings as may be necessary to ensure correct equipment operations, exercising equipment and reconfiguring equipment and systems to allow maintenance activities to be performed. TD shall maintain equipment and systems to design specifications and configurations that will ensure components/systems are operating at the highest possible efficiency level. D. “Emergency” mode shall consist of items including, but not limited to, problem recognition, responding to equipment alarms, corrective actions, following procedure to stabilize equipment, returning equipment to Normal mode of operation as soon as problems are corrected, and ensuring equipment is operating correctly. E. During any “Emergency” mode operation TD shall immediately communicate to Prosper the status of equipment and keep Prosper updated on any change in operating status of the equipment until it is returned to Normal operating mode. Current Prosper emergency escalation procedures shall be utilized and maintained by our Account Manager. Current emergency contact lists for both Prosper and TD will be updated monthly, or as necessary by TD and posted, at a minimum, in the Facilities Maintenance shops, and in the Account Manager’s office. Attachment 1Item 11 6 Attachment A Facility Management Scope of Services IV. Facility Staffing A. The following organization chart (figure 1) defines the base staffing to be provided for the facility operations. Prosper reserves the right to change the staffing requirement at any time during the agreement term. TD will make Prosper aware of any changes in site base personnel before actually making such changes. Figure 1 Proposed Staffing Dark Blue indicates full-time site-based TD staff B. The Account Manager shall be responsible for managing all services provided by TD per this agreement and shall meet, on a monthly basis, with Prosper site representative to review the status of services provided under this agreement. These issues may include trouble issues, financial review or work performed during the prior month. C. The Account Manager will be required to support the staff Monday through Friday, 8am to 5pm. The Account Manager will be required to work other times in support of TD’s onsite employees, provide supervision during critical maintenance activities and during unresolved emergency operating modes. The Account Manager and/or the Building Technician will be available on a 24/7 basis in the event of any emergency condition. D. TD will comply with applicable laws, regulations, and orders with respect to the Equal Employment Opportunity Act as set forth in this Agreement. TD, shall be responsible for appointing an Account Manager who will accomplish the following: 1. Supervise Facility Maintenance Service Staff 2. Resolve problems regarding facility maintenance service operations 3. Be available at all times to Prosper Town of Prosper Management Account Manager (1) Building Technician (1) Out tasked Service Providers Attachment 1Item 11 7 Attachment A Facility Management Scope of Services 4. Meet with Prosper designated representative, a minimum of once a month, to review services provided and TD performance. 5. Provide all reports, logs, inspections and other documents as specified herein. 6. Supply necessary forms required by TD. Prosper may supply custom forms. Prosper retains the option to utilize TD forms for required reports, logs and inspections if so desired. During the Term of this Agreement, TD shall be responsible for furnishing and supervising personnel to perform its obligation as specified herein including, but not limited to the following; 1. Providing TD personnel who meet or exceed the requirements as specified herein and are conscientious, well-groomed and professional. 2. TD personnel shall provide coverage at all Prosper properties as specified herein. 3. TD shall at all times, maintain after hours “stand-by” personnel to respond to emergencies in any of the properties specified herein. 4. Being responsible for all personnel matters relating to facility maintenance services including: A. Hiring of personnel B. Terminating of any personnel, as may be required C. Paying all wages, benefits and insurance D. Expenses and operating costs E. Taxes (federal, state and local) Assure proper conduct of TD personnel through: 1. Adherence to TD Code of Conduct 2. Adherence to Prosper Code of Conduct 3. Effective TD supervision of TD employees Prosper reserves the right to have any site-based TD employee or TD managed subcontractors removed from the account at any time, solely at Prosper discretion. TD must maintain an active program of performing background checks and drug screens prior to recommending any personnel for duties at Prosper. Relief Operators: In the event of preplanned vacation, extended illness, jury duty or other employee absences, TD will first attempt to cover the absences by using existing employees. In the event that work schedule cannot be rearranged in this manner, TD may temporarily hire relief operators after giving notice to Prosper and receiving written approval for the added expense workers. It is agreed that the cost for Relief Operators will be covered by Prosper if the Relief Operator is during property earned vacation and sick time. Assist in providing Technicians for immediate deployment to provide short-term coverage for Prosper. Additional charges will apply if directed by Prosper for the following: A. Special Events B. Construction Activities C. Expansion in existing building D. Expansion in new building Attachment 1Item 11 8 Attachment A Facility Management Scope of Services V. Facility Staff Qualifications A. The Account Manager shall have 10 years’ experience in the operation and maintenance of mechanical and electrical systems; demonstrated leadership abilities; extensive experience in using personal computers including CMMS, MS Office, and E-mail; good communication and organizational skills as required to interface effectively between TD and Prosper and an Associate’s degree in business or the equivalent. B. The Building Technician Level One shall have minimum two years’ experience in the operation and maintenance of mechanical and electrical equipment and building maintenance and operation; ability to perform duties with little or no input from immediate supervisor and have all the qualifications of the Building Technician Level One. VI. Maintenance of Mechanical Electrical System and Equipment A. TD, or an assigned subcontractor, shall be responsible for performing preventative maintenance tasks on all equipment as required to assure proper systems operation for all building systems to include mechanical, electrical, structural, plumbing, fire life safety and security equipment and systems. PM’s will be performed based on industry standards and actual run times. Some equipment may be shut down for long periods but should be exercised to assure ongoing operational capabilities. TD shall perform all maintenance as set forth in this Agreement in a professional manner, adhering to manufacturers’ recommendations and standard industry practices. B. The following chart (Figure2) defines the specific services (in addition to other obligations under this contract) that will be performed directly by TD’s onsite staff, as well as maybe performed by subcontracted services that will be managed by TD. In some cases both TD staff as well as subcontractors will deliver portions of the services. The specific service split will be defined by the current enforced contract and total service required. Management of the following subcontracts may include scheduling when the work is to be performed and oversight or supervision of the work to insure that it is completed correctly. TD will be responsible for coordinating with the Prosper departments that may be affected by the work. C. The services listed in Figure 2, but not limited to Figure2, shall be awarded separately from this contract. However; TD may perform the daily coordination of these services. Facilities Maintenance Work by Third Parties in Conjunction with TD Because of efficiencies in cost, time, or expertise TD or Prosper may elect to use a subcontractor to perform various maintenance tasks. TD shall be required to maintain a clean environment in all work areas. Please see Page 9 for Figure 2, Services to be performed. Attachment 1Item 11 9 Attachment A Facility Management Scope of Services Figure 2 Services to be performed Service Type On Site Addition TD Personnel Subcontractors Staffing and Management X Finance, Budget Management, Cost X Quality Control Programs X Vendor, Subcontractor and Consultant Management X Safety and Work Rules X Emergency Response System X Service Desk X Asset Control & Management X Trash Removal Services X HVAC Equipment Preventive Maintenance X Fire Pump/Sprinkler X Food Service Equipment Maintenance X Electrical Work X X Plumbing Maintenance X X Switch Gear X Building Fire Alarm System X Energy Management Consumption Tracking X Building and Operations X Energy Management System X Light Bulb Replacement X Housekeeping Services X Coffee/Vending Services X Pest Control Services X Flag Services X Fountain Maintenance X Other Services as Required or Requested X X X VII. Facility Maintenance Services A. TD shall be responsible for performing all non-preventive maintenance work orders which will include, but are not limited to plumbing, temperature adjustments, air balancing, lamps, ballast replacement, lock repairs and maintenance of architectural surfaces such as flooring, wall and window coverings, suspended ceilings and other general building maintenance as required by Prosper. TD shall perform these duties with the onsite staff to the extent of their capabilities and in coordination with other service providers. Should outside resources be required for proper performance in accordance with this Agreement, TD will obtain Prosper approval before utilizing such outside resources. B. TD shall provide other miscellaneous services such as, but not limited to, minor carpentry, painting and moving, to the extent that time permits. Attachment 1Item 11 10 C. TD shall be required to perform minor renovation or modification work that TD is qualified to perform. This includes mechanical, electrical and HVAC work. This work must be performed utilizing existing staff when time permits. TD will provide Prosper with budget costs for additional labor and material as required. D. TD shall be responsible for implementation of the inclement weather program and will use all diligence to assure entrances to the facility are clear of ice through the use of approved ice melt. TD will also administer Prosper existing Freeze Protection Program. E. TD shall be required to schedule and maintain equipment inspections by certified inspectors for the building equipment such as, but not limited to, elevators, boilers and generators. F. TD will perform monthly roof inspections and coordinate annual inspections by a certified roof inspector. G. TD shall notify Prosper in writing at least seven (7) days prior to the Building Technician being absent from the site for vacation, off-site training, or any other purpose as needed. TD will provide Prosper with the name and pager number of the employee who will be taking on the responsibilities during the absence. VIII. Safety Requirements A. In addition; to all requirements in this Agreement, TD shall comply with all OSHA, MSDA Federal and State laws and regulations. TD shall be responsible for the safety program ensuring all TD employees are complying with safety regulations as well as posting all appropriate safety regulations in a conspicuous location for the contract mechanics and emergency personnel. TD shall manage hazardous waste removal in accordance with procedures developed by TD and approved by Prosper and ensure program is in compliance with State and Federal regulations. B. Any unsafe conditions including, without limitation, the spilling or other release of any hazardous substances or materials, shall be verbally reported to Prosper immediately, with a written report to follow within two (2) hours. C. TD will take all reasonable measures to ensure that the facilities are operated, managed, and maintained in a safe manner, including providing employees and subcontractors with a safe work environment, safety equipment and training. IX. Tools, Equipment and Uniforms: A. An inventory of tools and equipment owned by Prosper will be conducted at the beginning of the contract term and annually thereafter until the expiration of the contract. A list will be compiled and verified within sixty (60) days of the start of this agreement. An exit inventory shall be performed at the termination of the contract and TD shall be responsible for replacement of any missing tools and equipment at no cost to Town of Prosper. B. All Prosper owned tools and equipment would remain onsite at all times. Personal use or use for reasons other than performance of services hereunder of Prosper tools and equipment is prohibited. C. Any new tools and equipment purchased by Prosper shall be added to the inventory list and become the responsibility of TD to maintain. D. Equipment needed for routine maintenance, other than hand tools, will be provided by Prosper. Prosper must authorize any additional tools or equipment needed to accomplish work prior to purchasing said tools or equipment. Attachment 1Item 11 11 Attachment A Facility Management Scope of Services E. TD within the first thirty (30) days of the agreement will inventory all supplies, material and critical spare parts onsite and again prior to exiting the site at the end of this agreement. TD will review the list of existing critical spares and secure any additional supplies deemed critical to the operation of the facility. F. Prosper reserves the right to install, modify or delete any equipment or systems during the life of the contract. Prosper may use the contractor of its choice for such work if equipment is deleted or added and a reduction in the labor force results. This decision will be by Prosper. G. TD staff shall wear a uniform that is acceptable to Prosper. The uniform will show identification of TD. The staff shall also wear a nametag at all times while on duty. X. Office and Storage Space for TD A. Prosper shall provide TD with appropriate office and storage space in the building to operate the maintenance organization and maintain the parts inventory. B. Prosper shall provide TD with telephones and long distance call lines at no cost to TD. All long distance calls not associated with the scope of work shall be at TD’s cost. Any use of phone for personal calls or calls not related to services hereunder is prohibited. XI. Future Scope Modifications A. Prosper may elect to change the scope of this Agreement anytime based on changes in mission of facility use or schedules. However; TD will be allowed ample time and opportunity to adjust their onsite work force to accommodate the required changes. If required to make adjustments TD will adjust the scope of the operations staffing, subcontracts or other facility management and operations as may be required to meet Prosper needs. In all cases, TD will be compensated under the terms of this agreement for normal and customary operational expenses under the terms of this agreement. XII. Purchasing Requirements A. Prosper is not obligated to purchase any parts, tools, equipment, consumables, additional services or construction services from TD. B. TD will order all supplies and materials required in the delivery of the contract at a 15% fee, to be billed monthly. Prosper may, at its own discretion, add new or transfer existing purchasing agreements to the scope of this agreement. Prosper may at its discretion, also choose to provide any or all supplies and materials directly, without TD markup or fees. All purchases of spare parts will be through OEM suppliers/distributors or through Prosper approved alternates. C. TD shall be responsible for securing any required rental equipment needed for the delivery of scope of services within the contract. Prosper will be billed at TD’s cost plus 15% fee. Attachment 1Item 11 12 Attachment A Facility Management Scope of Services D. All TD requests for compensation of materials and/or services purchased or secured through the agreement will have back-up invoices from the original supplier and a breakout of all charges included in the normal billing detail before Prosper will approve payment. E. TD shall be authorized to place purchase orders for materials and supplies for support of Facilities Maintenance for Prosper up to the amount of Twenty-Five Hundred Dollars ($1,000) per purchase order, up to a total in any month of Three Thousand Dollars without prior written permission of Prosper. TD shall obtain Prosper prior approval for purchases over these amounts. With each purchase made, TD shall submit to Prosper the following documentation: purchase order, copy of vendor invoice, receipt ticket or other information received with the purchase. Additionally, TD shall provide monthly variance and activity reports regarding purchase orders from the preceding month to Prosper. XIII. Maintenance of Quality Management Program A. TD shall be required to implement a site-specific quality management program (“Quality Management Program”) for the facility maintenance and shipping and receiving services within Sixty (60) days form the effective date of this agreement. The Quality Management Program will measure and improve services including, but not limited to the following areas: • Customer Satisfaction • Critical Systems up time • Preventative maintenance work order completion rates/delinquency • Open work order backlog • Condition and appearance of facilities • Budget Compliance • Maintenance cost per square foot • Material Cost B. TD will submit a monthly report to Prosper highlighting key issues and documenting progress toward implementing our Quality Management Program. This report will provide performance metrics in the key areas of the Quality Management Program. TD will use this data to audit and improve performance, compile summary reports, identify trends, and actively support the project staff in resolving emerging issues and concerns. XIV. Pricing/Billing A. TD will provide Prosper with a monthly detailed invoice for all labor, materials, subcontract services, rentals and any authorized work performed above the base contract. B. TD shall obtain Prosper approval for any overtime charges before such accrual. If addition or deletion of equipment, software or systems result in reduction in needed employees, then TD shall correspondingly reduce labor charges to Prosper. Attachment 1Item 11 13 Attachment A Facility Management Scope of Services C. Labor required and approved by Prosper Site representative will be billed a total of TD actual payroll cost to include fringe benefits, taxes, workmen’s compensation and insurance etc., as set forth in the pricing section of this agreement. A summary invoice with backup detail and copies of timesheet summaries for each employee is required. The labor cost buildup percentages outlined in the pricing section, will be used in determining billable labor costs, subject to increases as required by State and Federal law. D. No payment made shall be considered as conclusive evidence of the satisfactory performance of contractual obligations under the agreement in whole or in part, nor shall payment be construed as relieving TD from its full responsibility under the Agreement. E. Should Prosper dispute any portion of TD’ monthly invoice, Prosper shall pay the undisputed portion of the invoice and advise TD in writing of the disputed portion. XV. Assignability Contract is assignable at Prosper option to Prosper nominee. TD shall not assign contract without Prosper prior written consent. Attachment 1Item 11 14 Attachment B – NCPA Facility Services Pricing Personnel - Included Benefits Standard Benefits Core Safety Training - Included Training related to licensing - Included Uniforms – Included Communication Device – Included Hourly Rates (per NCPA Contract) Project Manager Hourly Bill Rate $ 99.78 Hours Per Month - 4 $ 399.12 Building Technician Level One Hourly Bill Rate $ 34.53 Hours Per Month – 80 $ 2,762.40 Additional Facility Services personnel may be added to project on an as needed basis. Hourly bill rates are based on NCPA Dallas labor classifications. Mark-up on Third Party Contracts (NCPA Pricing) 15% Computer Maintenance Management System (CMMS) One license @ $3,750 per license per year: $3,750 Transportation Hourly rate does not include transportation costs. Mileage expense is estimated to be approximately $354.25/month based on General Services Administration (GSA) mileage rate of $0.545/mile. Overtime pay applies at 1.5 times. NCPA pricing increases annually. Coverage for PTO time not included in above pricing. *Changes in the cost of healthcare due to the Affordable Healthcare Act (AHA) may effective the future cost of healthcare premiums. Any changes will be passed through at cost. Attachment 1Item 11 15 Attachment C - Third-Party Service Providers Housekeeping Services: AHI Facility Services, Inc. Throughout the RFP process, AHI demonstrated attention to detail, responsiveness, and overall credibility. Being a larger custodial service provider, AHI has the experience, personnel, and systems in place to provide exceptional service to the Town of Prosper. Their proposal presented detailed information regarding their mission, history, values, and quality control. AHI utilized TDIndustries’ pricing sheet to give the most detailed breakdown of their personnel rates and equipment costs. While their pricing was the lowest, their operations manager (who will be supervising the account) described their quality control plan in depth, which included weekly checks, detailed monthly inspections with KPIs, and monthly safety training for each of their crew members. AHI’s point of contact currently supervises the City of Denton’s facilities as well, so their crew will be well aware of the high expectations associated with servicing Prosper’s Town Hall. Pricing (w/o mark-up): 1 Lead Cleaner (1,040 hours): $13,333.09/year ($1,111.09/month) 2 Cleaner Technicians (2,080 hours each): $25,161.93/year ($2,096.83/month) 1 Weekend Cleaner (182 hours): $2,273.46/year ($189.45/month) Supplies: $6,657/year Equipment: $2,260/year $49,685.48/year ($4,140.45/month) Mark-up (15%): $7,452.82/year (621.06/month) Total: $57,138.30/year (4,761.52/month) *No annual price increase for years 1-3. Pest Control Services: Green Pest Guys Green Pest Guys (GPG) is a local, family-owned service provider in Prosper. Their owner (Greg Dyer) has a vested interest in personally providing the highest level of service possible in his hometown. GPG provides both residential and commercial services and has a wide-range of experience from daycare facilities to school districts to industrial shops. Several references use GPG for both their business and homes. While their pricing is higher than the competition, GPG emphasizes the importance of providing bi-weekly services to ensure the initial well-being and safety of Prosper’s Town Hall. Pricing (w/o mark-up): $3,468 ($289 x 12months) $425 (17 one-time bait box installations x $25 each) $495 (bait box services at $45 x 11 months – 1st month included) $4,388/year Mark-up (15%): $658.20 Total: $5,046.20/year ($420.52/month) *No annual price increase for years 1-3. Attachment 1Item 11 16 Attachment C - Third-Party Service Providers Coffee Services: Community Coffee Community Coffee has over 90 years of experience in providing great-tasting blends for coffee lovers everywhere. As a family-owned and operated company, Community prides themselves in servicing rich, quality coffee with superior service. Their representative was attentive to Prosper Town Hall’s needs and provided numerous pricing options for different beverages, flavors, and condiments. Pricing: $1,179.95/initial product delivery (without mark-up) Mark-up (15%): $176.99 Total: $1,356.94/initial product delivery Community Coffee will provide and maintain all coffee equipment at no charge to the Town of Prosper. Additional coffee products will be ordered as needed on an ongoing basis. Water Feature Maintenance TDIndustries will source and manage appropriate service provider that will regularly maintain and clean Prosper Town Hall’s water feature as needed on an ongoing basis. Estimated Pricing: $3,500/year Mark-up (15%): $525/year Estimated Total: $4,025/year Attachment 1Item 11 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Discussion on new Geographic Information System (GIS) mapping application. Description of Agenda Item: Staff will provide a demonstration of the new public GIS interactive mapping application. With this application, the public will have access to information including, but not limited to: •Aerial imagery; •Municipal boundaries; •Land Records; •Transportation; •Points of Interest; •Planning & Zoning information; and •Environmental Features (Screenshot of Zoning Layer) Prosper is a place where everyone matters. PLANNING Item 12 Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Discussion regarding a Sponsorship Policy for parks, and areas that the Parks and Recreation Department oversees. Description of Agenda Item: The attached Sponsorship Policy is being proposed to give guidance and structure to the consideration of accepting donations and sponsorships. The policy will apply to Town park property, indoor facilities and other areas the Parks and Recreation Department oversees, such as medians, Town Hall grounds, etc. The policy will help ensure that a process is followed and each agreement is reached based on written criteria. The following amendments will be needed in the code of ordinances to allow the ability to name or rename a park or park facility in conjunction with a sponsorship agreement. The policy will not alter the Town’s current requirements for the naming of a park or park facilities when no sponsorship agreement is in place. Existing Park Naming Requirements with revisions included in bold type: Sec. 1.09.002 Park names It is appropriate to name or rename certain town parks in honor and recognition of several outstanding individuals who served the community well, and it is further appropriate to name other town parks with a geographical name. Park names should be familiar to the majority of citizens, easy to recall, unique and lasting. “It may also be appropriate to name or rename Town parks after a business entity for a specified period of time in conjunction with a sponsorship agreement.” (added) Parks shall be named: (1)By outstanding and/or predominate physical characteristics of the land such as, among other characteristics: (A)Streams, rivers, lakes and creeks; (B)Landmark significance; (C)Historic significance; and/or PARKS & RECREATION Prosper is a place where everyone matters. Item 13 Page 2 of 2 (D) Street name identity. (2) If a name is applied to park facilities such as recreational buildings, swimming pools, sports fields or play structures, those shall be named either: (A) By identification with the park in which it lies; (B) In honor of an individual or group when total contributions of fifty percent (50%) or more of the total cost of acquisition (excluding required park dedication) and development of facilities are donated to the town; or (C) When considering the naming of a park or park facilities in honor of a person, the person should have made a major contribution to the town and/or the parks and recreation system, or the person should be known for some other significant accomplishment. “(D) In recognition of a business entity for a specified period of time in conjunction with a sponsorship agreement.” (added) For items valued at $5,000 or less, the Director of Parks and Recreation will have the decision authority. For items greater than $5,000 in value, the Parks and Recreation Board will make a recommendation and forward that recommendation to Town Council for final approval. The following items are listed in the proposed policy as possible sponsorship opportunities: Items $5,000 or less in value: Terms: Bench at existing location $500 minimum, 10 year or life of bench Bench at new location Cost of bench, minimum 10 year or life of bench Tree $500 minimum Playground * $1,000 minimum / year, 2 year minimum *Windmill Playground would not be available for sponsorship Items over $5,000 in value: Terms: Pavilion $10,000 minimum / year, 2 year minimum Field $5,000 minimum / year, 3 year minimum Scoreboard $4,000 minimum / year, 3 year minimum Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the policy as to form and legality. Attached Documents: 1. Sponsorship Policy Parks and Recreation Board Recommendation: The Parks and Recreation Board discussed the Sponsorship Policy at the May 10, 2018, meeting and approved it at the June 14, 2018, meeting. Town Staff Recommendation: Town staff recommends that the Town Council review and give feedback on a Sponsorship Policy for park, and areas that the Parks and Recreation Department oversees. Item 13 Page 1 of 5 Sponsorship Policy 1. Statement of Need The mission of the Town of Prosper Parks and Recreation Department is to be “An integral part of establishing and maintaining the quality of life, ensuring the health of all citizens, and contributing to the economic, ecological and environmental well-being of the community. Parks and recreation enhances the personal and societal benefits that impact the citizens’ pursuit of recreation and leisure.” In furtherance of this mission, the Department seeks sponsorships with local business to enhance parks and indoor facilities and to generate revenue that subsidizes the costs associated with the operation of parks and indoor facilities. In order to maintain equity among sponsorships and recognition opportunities, as well as to ensure that the image of the Department remains positive, guidelines have been established with regard to the approval and limitations on the quantity and type of opportunities available. 2. Purpose a) To define the process, policies, procedures and responsibilities associated with naming or the renaming of a Town Park, Amenity, and/or Indoor Facility in exchange for a financial contribution to the Town. Naming or renaming of parks and/or indoor facilities to recognize an individual’s historical significance or service to the community shall follow the existing requirements found in Section 1.09.002 of the Town of Prosper Code of Ordinances as it presently exists or may be amended in the future. b) To define the process, policies, procedures and responsibilities associated with the acceptance of items, features, or money to purchase such items which may be located within or on a Town Park, Indoor Facility or area that the Parks and Recreation Department oversees, such as medians, Town Hall grounds, etc., in which the requestor is asking that a name, phrase, logo or symbol be associated with the gift. 3. Definitions Park - A park, reservation, playground, swimming pool, outdoor facility, outdoor learning center, recreation center, field, athletic field, and any related facilities, or any other area in the Town owned, leased and/or used by the Town, and devoted to active or passive recreation, including all platted expressways, parkways, triangles and traffic circles maintained by the Town, except the parkway strips between curb and sidewalks along the streets and highways of the Town. Playing field - Any portion of a park that is either owned or leased by the Town that has been designated as an area where athletic league games are played, including, but not limited to, fields for football, soccer, softball, baseball or any other sport activity sponsored or cosponsored by the Town. Indoor facilities - Indoor facilities owned, leased or otherwise controlled by the Parks and Recreation Department which includes, but is not limited to, recreation centers, indoor swimming pools, tennis center clubhouses, golf course clubhouses, senior citizen centers, school gymnasiums, museums and community centers that are programmed for the purpose of conducting practices, meets and clinics for Item 13 Page 2 of 5 aquatic activities at the competitive and recreational level or any such use as deemed appropriate by the Parks and Recreation Department. Amenity - Any item located on or within a park or indoor facility. This could include items such, as but not limited to, benches, pavilions, sports fields, groves of trees, rooms, etc. Sponsorship – The naming or renaming of a Town Park or indoor facility after a business entity for a specified period of time in consideration of a cash payment to the Town. The acceptance of gifts, items, features, money to purchase such items which may be located within or on a Town Park or indoor facility in which the requestor is asking that a name, phrase, logo or symbol be associated with the gift. Donation - The giving of cash, items, or in-kind services that is made with no restrictions on how those items are to be used. There are no string’s attached or expectations by the donor for recognition or expected benefits. 4. Sponsorship Criteria and Approval Sponsorship Criteria: At a minimum, the following criteria shall be taken into consideration in determining Sponsorship compatibility when evaluating a proposal; in all cases, the Director and/or Parks and Recreation Board and Town Council as outlined herein shall have the prerogative to accept or reject a potential Sponsorship(s). The applicant shall provide the information in a neat, complete, and orderly fashion. a) The compatibility of the potential sponsor’s products, customers and promotional goals with the Town of Prosper’s and the Parks and Recreation Department’s mission statements; b) The business and its leaders shall be in good standing and portray a positive public image; c) The sponsorship shall not duplicate or mimic the identity, offerings, or programs of the Parks and Recreation Department; d) The potential sponsor’s past record of involvement in the community and community projects; e) The timeliness or readiness of the potential sponsor to enter into an agreement; f) The actual value in cash, or in-kind goods or services, of the proposal in relation to the benefit to the potential sponsor; g) The operating and maintenance costs associated with the sponsorship; h) For youth oriented opportunities, the Town of Prosper will exclude those establishments purveying goods and services for purchase only for customers 18 years and older. Additionally, ads promoting alcohol, tobacco, firearms, tattoo shops, and anything that may promote or relate to sexual material, obscene material, or material harmful to minors will not be considered; i) Community support for, or opposition to, the proposed sponsor or sponsorship message; Item 13 Page 3 of 5 j) Political advertisements that may promote or be negative to a particular candidate, political affiliation, or political position regardless of the timing of the ballot issue shall be expressly prohibited. This restriction shall not prohibit a person appointed or elected from being a sponsor to promote a business they own or operate; k) Any business that engages in or promotes language which is obscene, vulgar, profane or offensive to accepted standards of decency will be prohibited; l) Any business that promotes or relates to violence and/or anti-social behavior will be prohibited; and m) The sponsorship recognition shall be consistent with the standards, architectural style of surrounding elements and aesthetic values of the Town. Additional considerations for non-monetary donations: a) The donated item, in the opinion of the Director of the Parks and Recreation Department, must benefit the area in which it is being requested to be located; b) The item must match surrounding items with regard to aesthetics, function, style, durability, and character; c) The item must be something the Town has planned for or would reasonably plan to purchase in the future; d) The item must have an acceptable life cycle and shall not represent an undue expense to replace the item or remove it and repair/alter the surrounding area so as to not leave a scar by the item’s removal; and e) The marketing value and recognition that the item/donor receives shall be commensurate with the value of the item or benefit to the Town. The Director shall have the final authority to accept or deny any sponsorship opportunity that has a value of $5,000 or less. For sponsorship opportunities of more than $5,000 and where the Director has determined that sufficient information has been provided, the application will be forwarded to the Parks and Recreation Board for a recommendation to Town Council. The application, along with the Board’s recommendation, will then be forwarded to Town Council for final approval. Item 13 Page 4 of 5 The following are items that may be requested for sponsorships and minimum terms. For items not listed below, they would follow the same process and evaluation. Items $5,000 or less in value: Terms: Bench at existing location $500 minimum, 10 years or life of bench Bench at new location Cost of bench, minimum 10 year or life of bench Tree $500 minimum Playground * $1,000 minimum/year, 2 year minimum *Windmill Playground would not be available for sponsorship Items over $5,000 in value: Terms: Pavilion $10,000 minimum/year, 2 year minimum Field $5,000 minimum/year, 3 year minimum Scoreboard $4,000 minimum/year, 3 year minimum 5. Signage and Message Message Content: Sponsorships on Town property are maintained as a nonpublic forum. The Town intends to preserve its rights and discretion to exercise full editorial control over the placement, content, appearance, and wording of sponsorship affiliations and messages. The Town may make distinctions on the appropriateness of sponsors on the basis of subject matter of a potential sponsorship recognition message. The Town will not deny sponsorship opportunities on the basis of the potential sponsor’s viewpoint. Permissible Recognition Messages. Sponsorship recognition messages placed on Town property or in the Town media may identify the sponsor but should not promote or endorse the organization or its products or services. Statements that advocate, request a response, or contain comparative or qualitative descriptions of products, services, or organizations will not be accepted. Only the following content will be deemed appropriate: a) The legally recognized name of the organization; b) The organizational slogan, if it identifies rather than promotes the organization or its products or services; c) The organizations product or service line, described in brief, generic, objective terms; and d) Brief contact information for the organization, such as a phone number, address, or internet website; No material or communications, including but not limited to, print, video, internet, broadcast, or display items, may be developed to promote or communicate the sponsorship using the Town of Prosper or the Item 13 Page 5 of 5 Parks and Recreation Department name, marks, or logo, without the express written approval of the Parks and Recreation Director. 6. Sponsorship Agreements Sponsorship documentation: All sponsorships shall be commemorated in writing using an agreement form that includes: a) Business or organization name and address; b) Contact person with contact information; c) Sponsorship opportunity details and responsibilities; d) Logo use and requirements; e) Cost of opportunity; f) Beginning date and expiration of specific opportunity; and g) Official signatures of each party. Returning partners in good standing with the Parks and Recreation Department desiring to renew their agreement shall have the first opportunity to secure the renewal opportunity prior to the opportunity being opened to potential new sponsors. Item 13 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the design of the First Street/DNT Intersection Improvements project. Description of Agenda Item: As part of the construction of the Southbound Frontage Road project on the Dallas North Tollway (DNT) between US 380 and FM 428, Town staff requested a proposal from Halff Associates, Inc., to provide engineering design services for the expansion of the First Street intersection with the DNT to its ultimate lane configuration. That configuration consists of constructing four-lane divided approaches on either side of the DNT with dual left turn lanes at the intersection. These services include: survey work necessary for design, data collection, preparation of ROW and easement documents, and modification of the existing design plans of the Southbound Frontage Road project. Halff Associates is coordinating with Collin County on a possible change order to the Southbound Frontage Road project to include the First Street Intersection engineering design plans. The specifics on who the Town will pay for the improvements is being discussed as well. Options include either an Interlocal Agreement with Collin County or an agreement between the contractor and the Town. At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for engineering design. Halff Associates is included on the list. They also performed the engineering design services for Collin County on the DNT Southbound Frontage Road project. Budget Impact: The cost for the design work is $60,000 and is funded from the Prosper Trail Reconstruction project savings account 100-5480-50-01. Funding for the construction of the project estimated at $900,000, will be budgeted in FY 2018-2019 from the East Thoroughfare Impact Fee Fund. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering Services Agreement as to form and legality. Prosper is a place where everyone matters. ENGINEERING Item 14 Page 2 of 2 Attached Documents: 1. Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Halff & Associates, Inc., and the Town of Prosper, Texas, related to the design of the First Street/DNT Intersection Improvements project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Halff & Associates, Inc., and the Town of Prosper, Texas, related to the design of the First Street/DNT Intersection Improvements project. Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Item 14 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 10, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Lee Engineering, Inc., and the Town of Prosper, Texas, related to the Preston Road (SH 289)Signal Timing Study. Description of Agenda Item: As part of developing an effective and efficient transportation network, Town staff requested a proposal from Lee Engineering, Inc., to develop and implement optimized signal timing plans along Preston Road. Lee Engineering, Inc., will also prepare a document identifying the Town of Prosper’s standard equipment for traffic signal design and installation. This document will identify general signal design guidelines and signal equipment specifications that will be implemented while preparing signal design plans for the Town of Prosper. At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for traffic engineering. Lee Engineering, Inc. is included on the list. Budget Impact: The cost for this study is $47,000 and will be funded out of the Engineering Department Professional Services account number 100-5410-98-01. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1.Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Lee Engineering, Inc., and the Town of Prosper, Texas, related to the Preston Road (SH 289) Signal Timing Study. Prosper is a place where everyone matters. ENGINEERING Item 15 Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Lee Engineering, Inc., and the Town of Prosper, Texas, related to the Preston Road (SH 289) Signal Timing Study. Item 15 PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 14 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE PRESTON ROAD SIGNAL TIMING PROJECT (PRJ 1825-TR) This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Lee Engineering, LLC, an Arizona corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional Engineering services in connection with the PRESTON ROAD Project (PRJ 1825-TR), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Forty-Seven Thousand ($47,000) for the Project as set forth and described in Exhibit B – Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per Item 15 Item 15 Item 15 Item 15 Item 15 Item 15 Item 15 Item 15 Item 15 PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 14 EXHIBIT B COMPENSATION/PRICING SCHEDULE (Compensation/Pricing Schedule Attached Hereto) EXHIBIT B – Compensation/Pricing Schedule The consultant will complete the work according to the schedule shown below. Final implementation and fine- tuning (Task 3.3.2) will occur within twenty (20) working days from the implementation of the new signal timing plans. Task Complete 1 40 working days from Notice to Proceed 3.1.3, 3.1.4, 3.2.1, 3.2.2 5 3.1.2, 3.1.3, 3.1.5, 3.2.3 40 working days after the beginning of fall 2018 school session 3.3 20 days after implementation 4 90 days after implementation Compensation: Task 1 to Task 4 =$40,000 Task 5 = $7,000 Total (Option B) = $47,000 Any additional work or meetings will be billed on an hourly basis according to the attached terms and conditions dated April 2, 2018, and will not exceed $5,000 without the Town’s approval. Item 15 Item 15 Item 15 Item 15 Item 15