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10.25.2016 Town Council 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. Presentations. • Presentation of a TML Municipal Excellence Award for the Town of Prosper Earth- Kind® garden in partnership with Texas A&M AgriLife Extension Office, the Collin County Extension Office, and the Collin County Master Gardeners Association. (TC) 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 meetings. (RB) • Regular Meeting – October 11, 2016. 5b. Consider and act upon canceling the November 22, 2016, and December 27, 2016, Town Council meetings. (RB) 5c. Consider and act upon a resolution adopting a Town seal. (RB) 5d. Consider and act upon a resolution accepting and approving the 2016 Tax Roll. (KN) 5e. Consider and act upon a resolution expressing official intent to reimburse costs of Town capital improvement program projects that may be funded with proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such bonds or other obligations. (KN) 5f. Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. (KN) 5g. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for the construction of Frontier Park North Field Improvements between the Town of Prosper and Collin County. (PN) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 25, 2016 6:00 p.m. Page 2 of 4 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 Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) 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. 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 an ordinance rezoning 0.3± acre from Downtown Retail (DTR) to Planned Development-Downtown Retail (PD-DTR), located on the southwest corner of Main Street and Broadway Street. (Z16-0021). (JW) 8. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on the northeast corner of US 380 and Gee Road. (MD16-0002). (JW) 9. Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-65 (PD-65) and a portion of Planned Development-48 (PD-48), on 198.4± acres, located on the southeast and southwest corners of existing and future Prairie Drive and Legacy Drive, to allow for the development of a single family detached, senior living development and to modify lot type requirements. (Z16-0011). (JW) 10. Conduct a Public Hearing, and consider and act upon a request to rezone 1.7± acres from Office (O) and Retail (R) to Planned Development-Retail (PD-R), located on the west side of Hays Road, 2,600± feet north of First Street. (Z16-0020). (JW) DEPARTMENT ITEMS: 11. Consider and act upon a request for a Façade Exception for the Gates of Prosper, Phase 1, Block B, Lot 4 (Chili’s), located on the east side of Preston Road, 700± feet north of future Richland Boulevard. (MD16-0014). (JW) 12. Library Services Department update. (LS) Page 3 of 4 13. Consider and act upon a resolution to enter into an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., dba WC of Texas, for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper; and authorizing the Town Manager to execute same. (JC) 14. 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: 14a. Section 551.087 – To discuss and consider economic development incentives. 14b. 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. 14c. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and all matters incident and related thereto. 15. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Single Family Lot Inventory. (JW) • Stormwater Ordinance. (DH) • Artificial Turf Discussion. (JC) • Strategic Planning Session Date. (RB) 17. 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 on October 21, 2016, by 5:00 p.m., 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. Page 4 of 4 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 6 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:01 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Mike Davis Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Leslie Scott, Library Director Kelly Neal, Finance Director Betty Pamplin, Accounting Manager Doug Kowalski, Chief of Police Gary McHone, Assistant Police Chief Barrett Morris, Police Sergeant Ronnie Tucker, Fire Chief Stuart Blasingame, Assistant Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Blair Robinson of Prestonwood Baptist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas flag were recited. 3. Announcements of recent and upcoming events. Tuesday, October 11 is the last day to register to vote or make a change of address effective for the November 8, 2016, Election. Voter registration cards are available in Town Hall. More information is available on the Collin County and Denton County websites. Early voting for the November 8 election begins on Monday, October 24. Collin County voters may vote in Prosper Municipal Chambers during Early Voting, and at the PISD Administration Building on Election Day. Denton County voters may vote at any Denton County polling location. More information is available on the Town website, or by contacting the Collin County and Denton County Election Offices. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, October 11, 2016 Item 5a Page 2 of 6 Residents are invited to join the fun at Prosper’s Homecoming Parade, to be held on Wednesday, October 12, starting at 5:30 p.m. Come see a variety of floats representing Prosper’s community and school groups at one of the Town’s biggest Fall events. The Library will offer genealogy classes at 6:30 p.m. on October 13, November 10, December 8, and January 12. The classes will offer information on research techniques, and developing a family tree outline. Classes are free to the public, and trained researchers will be available for assistance following each class. Fire Station 2 is now responding to emergency calls. A ribbon cutting ceremony to celebrate the opening of the station will be scheduled sometime in mid-November. 4. Presentations.  Presentation of Certificates of Appreciation to former members of the Town’s Boards and Commissions. (RB) Bob Wierschem was present to receive a Certificate of Appreciation for his service on the Board of Adjustment/Construction Board of Appeals.  Presentation of a Proclamation to members of the Prosper Fire Department declaring October 9-15, 2016, as Fire Prevention Week. (RB) Fire Chief Ronnie Tucker, Assistant Fire Chief Stuart Blasingame, and Fire Marshal Bryan Ausenbaugh received the Proclamation on behalf of the Fire Department.  Presentation of the GFOA Achievement of Excellence in Financial Reporting award to members of the Town of Prosper Finance Department. (KN) Finance Director Kelly Neal and Accounting Manager Betty Pamplin received the award on behalf of the Finance Department. 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 meetings. (RB)  Regular Meeting – September 27, 2016 5b. Receive the August 2016 Financial Report. (KN) 5d. Consider and act upon approving the purchase of two pick-up trucks for the Fire Department, from Sam Pack’s Five Star Ford, through the State of Texas Cooperative Purchasing Program. (SB) 5e. Consider and act upon authorizing the Town Manager to execute Amendment Ten to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2016-2017, relating to Animal Sheltering Services. (JW) Item 5a Page 3 of 6 5f. Consider and act upon authorizing the Town Manager to execute Amendment Ten to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2016-2017, relating to Animal Control Services. (JW) 5g. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) Services between the Town of Prosper and the City of Frisco. (JW) 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 Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Councilmember Davis removed Item 5c from the Consent Agenda. Councilmember Dugger made a motion and Councilmember Miller seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 7-0. 5c. Consider and act upon approving the purchase of an accident reconstruction laser system and related equipment for the Police Department from FARO Technologies Inc., a sole source provider. (DK) Police Chief Kowalski presented this item before the Town Council. He introduced Clay Lawson from FARO Technologies, who responded to questions from the Council regarding the capabilities of the equipment, the savings in staff time, training requirements for staff, and annual maintenance costs. After discussion, Councilmember Davis made a motion and Councilmember Miller seconded the motion to approve Item 5c. 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. Patty Felan, 1720 Gentle Way, Prosper, spoke to encourage the Council to participate in this year’s Clothe A Child event, which will take place October 15, October 22, and October 29. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meetin g, 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. Item 5a Page 4 of 6 PUBLIC HEARINGS: 7. Conduct a Public Hearing and consider and act upon a request for a variance to Section 1.09 of the Sign Ordinance for an alternative detached sign, located at 101 E. Broadway Street, on the northeast corner of Broadway Street and Coleman Street. (V16-0003). (JW) Development Services Director John Webb presented this item before the Town Council. Businesses that seek to install a detached advertising sign are required to follow the regulations for a monument sign. The applicant is seeking a variance regarding the requirements for Monument Signs to permit an alternative detached sign that is more compatible with the existing historic structure that will serve as the location for the business. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Lynn Gross, the business owner and applicant, responded to questions from the Town Council regarding the material for the sign. Ms. Gross responded that the sign designer preferred plastic due to its durability, but she will inquire about other materials that have a look similar to wood, but still have the same durability. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to approve a request for a variance to Section 1.09 of the Sign Ordinance for an alternative detached sign, located at 101 E. Broadway Street, on the northeast corner of Broadway Street and Coleman Street. (V16-0003). The motion was approved by a vote of 7-0. 8. Conduct a Public Hearing and consider and act upon a request to rezone 1.7± acres from Office (O) and Retail (R) to Planned Development-Retail (PD-R), located on the west side of Hays Road, 2,600± feet north of First Street. (Z16-0020). (JW) Development Services Director John Webb presented this item before the Town Council. The Zoning Ordinance permits a Child Day Care in all zoning districts except Industrial upon approval of a Specific Use Permit (SUP) by Town Council. A development under a SUP is required to meet all standards of the Town’s Zoning Ordinance. The applicant is requesting to deviate from the Zoning Ordinance’s outdoor play space requirement, as outlined below; therefore, approval of a Planned Development (PD) is required to deviate from the minimum development standards. The proposed PD would allow for development of a specific day care building, which will be a 1-story building, totaling 11,120 square feet and will be constructed in a single phase. The facility will accommodate 216 children. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. The Town Council had additional questions about the fence design and the directional layout of the building on the site. Since the applicant was not present to respond to the Council’s questions, Mr. Webb recommended the item be tabled to give staff time to gather additional information. Item 5a Page 5 of 6 Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to table Item 8 to the October 25, 2016, Town Council meeting. The motion was approved by a vote of 6-1, with Councilmember Davis casting the opposing vote. DEPARTMENT ITEMS: 9. Discussion on Town Hall/Multi-Purpose Facility. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The Town Hall Design Team has finalized its recommendations for the wood trim color, lobby flooring. The exterior renderings of the building have been updated with a more accurate depiction of the brick color that has been chosen. The Council agreed to a Special Meeting on November 29 to approve the Guaranteed Maximum Price for the project. Town Secretary/PIO Robyn Battle presented options to the Council for a proposed Town Seal. The Council approved Proof #5 by consensus. A resolution will be brought forward at the October 25, 2016, Town Council meeting for the Town Council to consider adopting an official Town Seal. 10. 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: 10a. Section 551.087 – To discuss and consider economic development incentives. 10b. 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. The Town Council recessed into Executive Session at 7:12 p.m. 11. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:30 p.m. No action was taken as a result of Executive Session. 12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Daycare Proximity Map. (JW) Development Services Director John Webb presented maps depicting the location of daycare facilities that could be affected by the Town’s recently-adopted alcohol variance process. Town staff recommended the Council consider changing the zoning ordinance to change the requirement that daycares be categorized at schools. The Town Council concurred with the recommendation. Item 5a Page 6 of 6  Holiday Meeting Schedule. (RB) Town Secretary/PIO Robyn Battle presented the holiday meeting schedule to the Town Council. In the past, the Town Council has canceled the second meeting in November and December due to the Thanksgiving and Christmas holidays. The Council agreed to cancel both meetings.  Old Town Assessment. John Webb informed the Council that he would inquire about setting up meetings in the next few weeks to get Council feedback on the Old Town Assessment that Town staff is conducting. 13. Adjourn. The meeting was adjourned at 7:52 p.m. on Tuesday, October 11, 2016. These minutes approved on the 25th day of October, 2016. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 1 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon canceling the November 22, 2016, and the December 27, 2016, Prosper Town Council meetings. Description of Agenda Item: Due to the upcoming holiday schedule, Town staff is proposing that the following Prosper Town Council meetings be canceled:  November 22, 2016  December 27, 2016 Proposed Motion: I make a motion to cancel the November 22, 2016, and the December 27, 2016, Prosper Town Council meetings. Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 5b Page 1 of 1 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon a resolution adopting a Town seal. Description of Agenda Item: The Town Hall Design Team has discussed incorporating a Town seal into several design elements of the Town Hall/Multi-Purpose Facility that is currently under design. During the course of the discussions, it was discovered that there is no record of the Town ever officially adopting a Town seal. The seal will serve as an official insignia to reflect the identity and image of the Town not only in its facilities, but on official documents and publications. The Design Team reviewed several versions of a seal after providing feedback on their preferences. At the October 11, 2016, Town Council meeting, the Town Council expressed a preference for the seal that is included as an attachment to the proposed resolution. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached resolution. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends the resolution adopting a Town seal. Proposed Motion: I make a motion to approve a resolution adopting a Town seal. Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 5c TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING A NEW TOWN SEAL; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town”), has opted to adopt a new Town seal; and WHEREAS, various alternatives were reviewed by the Town Council and after discussion, the Town seal attached to this Resolution as Exhibit A was considered the most favorable alternative, which clearly reflects the Town’s rich Texas history and its roots; and WHEREAS, it is the desire of the Town Council to authorize the Town Secretary to take all appropriate actions related to the new Town Seal. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town of Prosper, Texas, hereby adopts the attached Exhibit A as the new Town seal and said Town seal may be used for official Town purposes and used throughout the Town. SECTION 3 The Town Secretary of the Town of Prosper, Texas, is hereby authorized to take all appropriate actions to implement the new Town seal. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 25TH DAY OF OCTOBER, 2016. _________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary Item 5c Resolution No. 16-__, Page 2 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5c Resolution No. 16-__, Page 3 EXHIBIT A Item 5c Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon a resolution accepting and approving the 2016 Tax Roll. Description of Agenda Item: The Texas Property Tax Code, Section 26.09 (e) requires the Town Council to approve the Appraised Roll with tax amounts entered by the Assessor. The Collin County Tax Assessor Collector provided the attached 2016 Tax Roll Summary with a total levy of $13,689,920.03. Although the enclosed document is titled “Collin County,” this refers to the Tax Assessor Collector, who performs tax collection for Prosper properties in both Collin and Denton Counties. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached resolution as to form and legality. Council approval of this resolution is required by the Texas Property Tax Code, Section 26.09 (e). Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution approving the 2016 Tax Roll as provided by the Assessor. Recommended Motion: I move to approve the resolution accepting and approving the 2016 Tax Roll. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 5d TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ACCEPTING AND APPROVING THE 2016 TAX ROLL; RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.09(e) of the Texas Property Tax Code requires the Town Council to approve the Tax Roll; and WHEREAS, the Town received notification from the Collin County Tax Assessor Collector as to the Tax Roll jurisdiction (for properties located in the Town’s corporate limits in both Collin County and Denton County) summary as of October 1, 2016, and WHEREAS, a summary statement of said 2016 Tax Roll is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All matters stated in the preamble of this Resolution are true and correct and are hereby incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council of the Town of Prosper, Texas, does hereby accept and approve the 2016 Tax Roll as submitted by the Collin County Tax Assessor Collector. SECTION 3 The attached Exhibit A constitutes the official Town of Prosper 2016 Tax Roll, containing a tax levy of $13,689,920.03. SECTION 4 This Resolution is effective on the date of passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF OCTOBER, 2016. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 5d Page 6 of 107 2016 TAX ROLL SUMMARY 05 - PROSPER CITY September 28, 2016Run Date:Collin County Tax Office MARKET VALUES NUMBER OF ACCOUNTS Amount Count Count 8,159 ROLLCODE: MOBILE HOME Improvement $112,619 ROLLCODE: PERSONAL Personal $85,217,742 ROLLCODE: REAL Agriculture $749,812,797 Improvement $1,730,416,079 Improvement Non-Home Site $333,624,192 Land $612,138,845 Land Ag Land $1,226,391 Land Non-Home Site $414,697,363 TOTAL MARKET VALUE $3,927,246,028 DEFERRALS Ag $749,812,797 292 TOTAL DEFERRALS $749,812,797 EXEMPTIONS Absolute Exemption , XG , XG $75,353 2 Cap Adjustment , XT , XT $34,786,885 1,506 Disabled $148,259 53 Disabled Veteran $13,209,369 103 Homestead $135,157,489 4,057 Miscellaneous , XV , XV $332,419,234 323 Nominal Value $6,265 25 Other, XF, XH, XU , XF, XH, XU,XF,XH,XU $74,220 1 Over 65 $5,884,100 596 Pollution Control $2,702,722 5 Private Schools , XJ , XJ $250,000 1 TOTAL EXEMPTIONS $524,713,896 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS TOTAL MARKET VALUE TAXABLE VALUE $3,927,246,028 $2,652,719,335 $1,274,526,693 TAX RATE 0.52 ROLLCODE: MOBILE HOME Levy $528.95 24 ROLLCODE: PERSONAL Levy $433,723.63 458 ROLLCODE: REAL Levy $13,255,667.45 7,677 TOTAL LEVY $13,689,920.03 $104,220.61LEVY LOST DUE TO FROZEN $0.00OTHER LOST LEVY $104,220.61TOTAL LOST LEVY TaxRollSummary.rpt Revised September 28, 2016 Item 5d Page 7 of 107 2016 TAX ROLL SUMMARY 05 - PROSPER CITY September 28, 2016Run Date:Collin County Tax Office 1,005,635.15 901,414.54 104,220.61 230,966,573 37,575,206 193,391,367 Frozen Calc Levy - Tax Amount = Diff.Market Value Exemption Taxable Value DV100 (Excl. Frozen) Prorated (Excl. Frozen Other 3,158.41 3,158.41 0.00 8,530,663 7,685,623 845,040 0.00 0.00 0.00 0 0 0 12,785,347.08 12,785,347.08 0.00 3,687,748,792 1,229,265,864 2,458,482,928 Total Calculation Analysis 13,794,140.64 13,689,920.03 104,220.61 3,927,246,028 1,274,526,693 2,652,719,335 DV100 (Incl. Frozen) Prorated (Incl. Frozen 0.00 0.00 0.00 5,037,620 4,908,246 129,374 0.00 0.00 0.00 0 0 0 TaxRollSummary.rpt Revised September 28, 2016 Item 5d Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and take action upon a resolution expressing official intent to reimburse costs of Town capital improvement program projects that may be funded with proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such bonds or other obligations. Description of Agenda Item: The attached resolution allows the Town to pay for the projects listed in the Fiscal Year 2016- 2017 CIP, including costs associated with the construction of street improvements ($1,200,000), park improvements ($700,000), design and construction of a town hall/multi-purpose facility ($10,850,000), water infrastructure ($11,450,000), storm drainage system improvements ($2,000,000), and the related infrastructure improvements. The resolution provides for up to $26,200,000 in capital project expenditures. Budget Impact: The reimbursement resolution itself has no budget impact; repayment of the expenditures will be included in the debt service portion of the tax rate after the bonds are issued. Initial funding for the work will come from the Capital Projects Fund. Legal Obligations and Review: Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, reviewed the resolution as to form and legality. Attached Documents: 1. Resolution 2. Fiscal Year 2016-2017 CIP Town Staff Recommendation: Town staff recommends the Town Council approve the reimbursement resolution. Recommended Motion: I move to approve the resolution expressing official intent to reimburse costs of Town capital improvement program projects that may be funded with proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such bonds or other obligations. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 5e TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__ RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF TOWN FISCAL YEAR 2016-2017 CAPITAL IMPROVEMENT PROGRAM PROJECTS WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental body of the State of Texas; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of portions of its Fiscal Year 2016-2017 capital improvement program projects, including costs associated with the construction of street improvements, park improvements, design and construction of a town hall/multi-purpose facility, water infrastructure, storm drainage system improvements, and the related infrastructure improvements (collectively, the "Project") prior to the issuance of tax- exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Obligations") to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $26,200,000 for the purpose of paying the costs of the Project. SECTION 2 All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3 The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4 The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. Item 5e Resolution No. , Page 2 SECTION 5 To evidence the adoption of this Resolution on this, the 25th day of October, 2016, by the Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 25TH DAY OF OCTOBER, 2016. _________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary Item 5e To t a l Is s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t Au t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 16 1 2 - S T C h u r c h S t r e e t ( F i r s t - P I S D ) 75 0 , 0 0 0 75 0 , 0 0 0 15 0 , 0 0 0 E 60 0 , 0 0 0 01 02 C o l e m a n S t r e e t ( a t P r o s p e r H S ) 85 0 , 0 0 0 85 0 , 0 0 0 42 5 , 0 0 0 B 425,000 425,000 02 03 16 0 9 - S T C u s t e r R o a d T u r n L a n e s @ P r o s p e r T r a i l 10 0 , 0 0 0 10 0 , 0 0 0 10 0 , 0 0 0 A 03 04 D N T S o u t h b o u n d B r a i d e d R a m p 4, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 J 04 05 D N T S o u t h b o u n d F r o n t a g e R o a d 9 , 5 0 0 , 0 0 0 9, 5 0 0 , 0 0 0 9, 5 0 0 , 0 0 0 J. X 05 06 14 1 2 - S T D o w n t o w n E n h a n c e m e n t s ( B r o a d w a y ) 60 , 0 0 0 1 4 0 , 0 0 0 1 , 6 5 0 , 0 0 0 1, 8 5 0 , 0 0 0 1, 6 0 0 , 0 0 0 D 25 0 , 0 0 0 06 07 17 0 1 - S T E i g h t h S t r e e t ( C h u r c h - P I S D A d m i n ) 26 0 , 0 0 0 26 0 , 0 0 0 260,000 260,000 07 08 17 0 2 - S T F i e l d S t r e e t ( F i r s t - B r o a d w a y ) 25 0 , 0 0 0 25 0 , 0 0 0 250,000 2 5 0 , 0 0 0 08 09 15 1 2 - S T F i r s t S t r e e t ( D N T - C o l e m a n ) 55 0 , 0 0 0 4 0 , 0 0 0 7, 6 5 0 , 0 0 0 8, 2 4 0 , 0 0 0 59 0 , 0 0 0 A 7,650,000 7,650,000 09 10 16 1 1 - S T F i r s t S t r e e t ( T o w n l a k e - C u s t e r ) 67 0 , 0 0 0 67 0 , 0 0 0 67 0 , 0 0 0 10 11 16 1 0 - S T F i s h t r a p R o a d ( A r t e s i a - D a l l a s P a r k w a y ) 1, 3 2 0 , 2 5 4 1, 3 2 0 , 2 5 4 82 0 , 0 0 0 D 50 0 , 2 5 4 11 12 13 0 7 - S T F r o n t i e r P a r k w a y ( B N S F O v e r p a s s ) 2, 3 4 0 , 0 0 0 1 , 3 1 0 , 0 0 0 3, 6 5 0 , 0 0 0 3, 6 5 0 , 0 0 0 A 365,000 12 13 G a t e s o f P r o s p e r R o a d I m p r o v e m e n t s , P h a s e 1 2 , 0 0 0 , 0 0 0 2, 0 0 0 , 0 0 0 2, 0 0 0 , 0 0 0 X 13 14 G a t e s o f P r o s p e r R o a d I m p r o v e m e n t s , P h a s e 2 50 0 , 0 0 0 50 0 , 0 0 0 50 0 , 0 0 0 X 14 15 G a t e s o f P r o s p e r R o a d I m p r o v e m e n t s , P h a s e 3 15 , 2 0 0 , 0 0 0 15 , 2 0 0 , 0 0 0 15 , 2 0 0 , 0 0 0 X 15 16 G a t e s o f P r o s p e r R o a d I m p r o v e m e n t s , P h a s e 4 7, 5 0 0 , 0 0 0 7, 5 0 0 , 0 0 0 7, 5 0 0 , 0 0 0 X 16 17 16 2 2 - S T M a i n S t r e e t ( F i r s t - B r o a d w a y ) 62 5 , 0 0 0 62 5 , 0 0 0 40 0 , 0 0 0 E 22 5 , 0 0 0 17 18 15 1 3 - S T O l d T o w n S t r e e t s 2 0 1 5 ( F i f t h , M c K i n l e y ) 1, 0 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 94 9 , 0 0 4 5 0 , 9 9 6 5 0 , 9 9 6 18 19 17 0 3 - S T P a r v i n R o a d ( G o o d H o p e - F M 1 3 8 5 ) 27 0 , 0 0 0 27 0 , 0 0 0 270,000 2 7 0 , 0 0 0 19 20 17 0 4 - S T P a s e w a r k ( P r e s t o n - H i c k o r y ) 40 0 , 0 0 0 40 0 , 0 0 0 400,000 4 0 0 , 0 0 0 20 21 15 1 1 - S T P r o s p e r T r a i l ( K r o g e r - C o i t ) 30 5 , 0 0 0 3, 9 7 5 , 0 0 0 4, 2 8 0 , 0 0 0 4, 2 8 0 , 0 0 0 A, D 21 22 14 1 4 - S T P r o s p e r T r a i l ( K r o g e r ) 1, 0 9 0 , 0 0 0 1, 0 9 0 , 0 0 0 1, 0 9 0 , 0 0 0 A 22 23 14 1 5 - S T T e e l P a r k w a y ( D C F W S D # 1 0 ) 2, 6 0 0 , 0 0 0 2, 6 0 0 , 0 0 0 2, 6 0 0 , 0 0 0 A, X 23 24 15 0 7 - S T W e s t P r o s p e r R o a d I m p r o v e m e n t s 6, 0 0 0 , 0 0 0 6 , 7 8 1 , 0 0 0 12 , 7 8 1 , 0 0 0 8, 5 1 6 , 0 0 0 B, C 4, 2 6 5 , 0 0 0 24 25 17 0 5 - S T P a r v i n S t r e e t ( B r o a d w a y - E i g h t h ) 51 5 , 0 0 0 51 5 , 0 0 0 51 5 , 0 0 0 D 25 26 17 0 6 - S T S i x t h S t r e e t ( C o l e m a n - C h u r c h ) 43 0 , 0 0 0 43 0 , 0 0 0 43 0 , 0 0 0 D 26 27 17 0 7 - S T T h i r d S t r e e t ( C h u r c h - L a n e ) 32 0 , 0 0 0 32 0 , 0 0 0 32 0 , 0 0 0 D 27 28 17 0 8 - S T C o o k L a n e ( F i r s t - E n d ) 20 0 , 0 0 0 1, 3 5 0 , 0 0 0 1, 5 5 0 , 0 0 0 20 0 , 0 0 0 A 1,350,000 1,350,000 28 29 E- W C o l l e c t o r ( C o o k L a n e - D N T ) ; d e s i g n d o n e w / C o o k L a n e 80 0 , 0 0 0 80 0 , 0 0 0 800,000 800,000 30 C r a i g S t r e e t ( P r e s t o n - F i r s t ) 75 0 , 0 0 0 75 0 , 0 0 0 750,000 750,000 30 31 C r a i g S t r e e t ( F i r s t - B r o a d w a y ) 35 0 , 0 0 0 35 0 , 0 0 0 350,000 350,000 31 32 C r a i g S t r e e t ( B r o a d w a y - F i f t h ) 20 0 , 0 0 0 20 0 , 0 0 0 200,000 200,000 32 33 F i f t h S t r e e t ( P a r v i n - C r a i g ) 40 0 , 0 0 0 40 0 , 0 0 0 400,000 400,000 33 34 L a n e S t r e e t ( F i r s t - T h i r d ) 21 0 , 0 0 0 21 0 , 0 0 0 210,000 210,000 34 35 N o r t h S t r e e t ( S e v e n t h - E i g h t h ) 17 5 , 0 0 0 17 5 , 0 0 0 175,000 175,000 35 36 P e c a n S t r e e t ( F i r s t - E n d ) 20 0 , 0 0 0 20 0 , 0 0 0 200,000 200,000 36 37 C r o w n C o l o n y ( M e a d o w R u n - B r a d f o r d ) 46 5 , 0 0 0 46 5 , 0 0 0 465,000 465,000 37 38 C r o w n C o l o n y ( B r a d f o r d - H i g h P o i n t ) 50 0 , 0 0 0 50 0 , 0 0 0 500,000 500,000 38 39 R i d g e w o o d ( H a y s - C r o w n C o l o n y ) 56 0 , 0 0 0 56 0 , 0 0 0 560,000 560,000 39 40 W a t e r w o o d ( R i d g e w o o d - E n d ) 15 0 , 0 0 0 15 0 , 0 0 0 150,000 150,000 40 41 Co l o n i a l ( R i d g e w o o d - E n d ) 15 0 , 0 0 0 15 0 , 0 0 0 150,000 150,000 41 42 Sh a d y O a k s L a n e ( R i d g e w o o d - E n d ) 15 0 , 0 0 0 15 0 , 0 0 0 150,000 150,000 42 43 Ri v e r h i l l ( R i d g e w o o d - E n d ) 15 0 , 0 0 0 15 0 , 0 0 0 150,000 150,000 43 44 17 0 9 - S T Pr o s p e r T r a i l ( C o i t - C u s t e r ) 5 4 0 , 0 0 0 7 , 0 2 8 , 0 0 0 7, 5 6 8 , 0 0 0 54 0 , 0 0 0 A 7,028,000 7,028,000 44 45 17 1 0 - S T C o i t R o a d ( F i r s t - F r o n t i e r ) 77 0 , 0 0 0 1 0 , 0 5 0 , 0 0 0 10 , 8 2 0 , 0 0 0 77 0 , 0 0 0 A 10,050,000 10,050,000 45 46 Fi f t h S t r e e t ( C o l e m a n - C h u r c h ) 37 5 , 0 0 0 37 5 , 0 0 0 375,000 375,000 46 47 Th i r d S t r e e t ( M a i n - C o l e m a n ) 25 0 , 0 0 0 25 0 , 0 0 0 250,000 250,000 47 48 Pl y m o u t h C o l o n y ( B r a d f o r d - H i g h P o i n t ) 40 0 , 0 0 0 40 0 , 0 0 0 108,816 2 9 1 , 1 8 4 400,000 48 49 Pl y m o u t h C o l o n y C i r c l e ( P l y m o u t h C o l o n y - E n d ) 20 0 , 0 0 0 20 0 , 0 0 0 200,000 200,000 49 50 Pr e s t o n v i e w ( H a y s - B e t t s ) 75 0 , 0 0 0 75 0 , 0 0 0 750,000 750,000 50 51 Be t t s L a n e ( P r e s t o n v i e w - H i g h P o i n t ) 25 0 , 0 0 0 25 0 , 0 0 0 250,000 250,000 51 52 Hi g h P o i n t D r i v e ( H a y s - B e t t s ) 72 5 , 0 0 0 72 5 , 0 0 0 725,000 725,000 52 53 We s t Y o r k s h i r e D r i v e ( H i g h P o i n t - B r a d f o r d ) 25 0 , 0 0 0 25 0 , 0 0 0 250,000 250,000 53 54 Br a d f o r d D r i v e ( W e s t Y o r k s h i r e - P l y m o n t h C o l o n y ) 60 0 , 0 0 0 60 0 , 0 0 0 600,000 600,000 54 55 Ch a n d l e r C i r c l e ( P r e s t o n R o a d - H a y s ) 70 0 , 0 0 0 70 0 , 0 0 0 700,000 700,000 55 5, 5 1 5 , 0 0 0 1 0 , 0 1 0 , 2 5 4 2 9 , 9 2 6 , 0 0 0 2 , 1 6 0 , 0 0 0 0 6 2 , 9 8 8 , 0 0 0 1 1 0 , 5 9 9 , 2 5 4 6 5 , 6 9 6 , 0 0 0 7 , 4 5 9 , 2 5 8 6 , 3 7 4 , 8 1 2 3 1 , 0 6 9 , 1 8 4 3 6 5 , 0 0 0 1 , 2 3 0 , 9 9 6 4 2 5 , 0 0 0 0 3 5 , 7 8 8 , 0 0 0 A I m p a c t F e e s B G r a n t a n d I n t e r l o c a l F u n d s C D e v e l o p e r A g r e e m e n t s D G e n e r a l F u n d E W a t e r / W a s t e w a t e r F u n d F S t o r m w a t e r D r a i n a g e F u n d G P a r k D e v e l o p m e n t F u n d H T I R Z # 1 J T I R Z # 2 K E s c r o w s X N o n - C a s h C o n t r i b u t i o n s Z O t h e r S o u r c e s ( S e e D e t a i l ) Su m m a r y o f C a p i t a l I m p r o v e m e n t P r o g r a m - 1 0 / 1 3 / 1 6 Index Ge n e r a l F u n d P r o j e c t s Index St r e e t P r o j e c t s Fu n d i n g S o u r c e s De s c r i p t i o n C o d e s - O t h e r S o u r c e s 01 S u b t o t a l Ot h e r So u r c e s Item 5e Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 17 1 1 - T R Me d i a n L i g h t i n g - C o i t R o a d ( U S 3 8 0 - F i r s t ) 45 0 , 0 0 0 45 0 , 0 0 0 45 0 , 0 0 0 D 01 02 Me d i a n L i g h t i n g - C o i t R o a d ( F i r s t - F r o n t i e r ) 1, 0 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 D 02 03 Me d i a n L i g h t i n g - F i r s t S t r e e t ( C r a i g - C o i t ) 62 5 , 0 0 0 62 5 , 0 0 0 62 5 , 0 0 0 D 03 04 Me d i a n L i g h t i n g - P r o s p e r T r a i l ( D a l l a s P k w y - P r e s t o n ) 82 5 , 0 0 0 82 5 , 0 0 0 82 5 , 0 0 0 D 04 05 Tr a f f i c S i g n a l - C o i t R d & P r o s p e r T r a i l 22 0 , 0 0 0 22 0 , 0 0 0 22 0 , 0 0 0 A 05 06 Tr a f f i c S i g n a l - C o i t R d & F i r s t S t 22 0 , 0 0 0 22 0 , 0 0 0 22 0 , 0 0 0 A 06 07 Tr a f f i c S i g n a l - C o i t R d & R i c h l a n d B l v d 22 0 , 0 0 0 22 0 , 0 0 0 22 0 , 0 0 0 A 07 08 Tr a f f i c S i g n a l - D a l l a s P k w y & F i r s t S t 1 8 0 , 0 0 0 18 0 , 0 0 0 18 0 , 0 0 0 A 08 09 17 1 2 - T R US 3 8 0 I l l u m i n a t e d S t r e e t S i g n s 25 , 0 0 0 25 , 0 0 0 25 , 0 0 0 A 09 18 0 , 0 0 0 4 7 5 , 0 0 0 6 6 0 , 0 0 0 2 , 4 5 0 , 0 0 0 3 , 7 6 5 , 0 0 0 3 , 7 6 5 , 0 0 0 Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 13 0 3 - P K Co c k r e l l P a r k 90 , 0 0 0 64 3 , 0 0 0 73 3 , 0 0 0 90 , 0 0 0 G 643,000 643,000 01 02 16 0 3 - P K Fr o n t i e r P a r k - N o r t h F i e l d I m p r o v e m e n t s 85 0 , 0 0 0 9 , 6 0 1 , 2 2 5 10 , 4 5 1 , 2 2 5 92 5 , 0 0 0 B, G 8, 8 2 6 , 2 2 5 7 0 0 , 0 0 0 700,000 02 03 16 0 4 - P K Fr o n t i e r P a r k - P a r k i n g I m p r o v e m e n t s 2 0 1 6 45 0 , 0 0 0 45 0 , 0 0 0 45 0 , 0 0 0 G 03 04 16 0 2 - P K Fr o n t i e r P a r k - S o u t h e a s t C o r n e r F i e l d L i g h t i n g P h a s e 2 60 0 , 0 0 0 60 0 , 0 0 0 60 0 , 0 0 0 G 04 05 Pe c a n G r o v e I r r i g a t i o n 75 , 0 0 0 75 , 0 0 0 75 , 0 0 0 D 05 06 16 0 5 - P K Pr e s t o n L a k e s P l a y g r o u n d 90 , 0 0 0 90 , 0 0 0 90 , 0 0 0 G 06 07 Co i t R o a d M e d i a n L a n d s c a p i n g ( F i r s t - F r o n t i e r ) 80 0 , 0 0 0 80 0 , 0 0 0 80 0 , 0 0 0 D 07 08 14 1 7 - P K Ri c h l a n d B o u l e v a r d M e d i a n L a n d s c a p i n g 5, 0 0 0 17 0 , 0 0 0 17 5 , 0 0 0 5, 0 0 0 D 170,000 170,000 08 09 Se x t o n F a r m s P a r k , P h a s e I 16 , 8 0 0 , 0 0 0 16 , 8 0 0 , 0 0 0 16,800,000 16,800,000 09 95 , 0 0 0 1 , 9 0 0 , 0 0 0 9 , 6 9 1 , 2 2 5 7 1 8 , 0 0 0 0 0 1 7 , 7 7 0 , 0 0 0 3 0 , 1 7 4 , 2 2 5 3 , 0 3 5 , 0 0 0 8 , 8 2 6 , 2 2 5 7 0 0 , 0 0 0 1 7 , 6 1 3 , 0 0 0 0 7 0 0 , 0 0 0 6 4 3 , 0 0 0 0 0 1 6 , 9 7 0 , 0 0 0 Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 Ce n t r a l F i r e S t a t i o n , P h a s e I I 85 0 , 0 0 0 85 0 , 0 0 0 300,000 5 5 0 , 0 0 0 850,000 01 02 Co o k L a n e F i r e S t a t i o n ( s t a t i o n , t r a i n i n g , a d m i n , E O C ) 14 , 6 7 0 , 0 0 0 14 , 6 7 0 , 0 0 0 14,670,000 14,670,000 02 03 Ge n t l e C r e e k F i r e S t a t i o n 5, 6 2 5 , 0 0 0 5, 6 2 5 , 0 0 0 5,625,000 5,625,000 03 04 Pa r k s O p e r a t i o n s a n d P u b l i c W o r k s C o m p l e x 10 , 9 0 0 , 0 0 0 10 , 9 0 0 , 0 0 0 900,000 1 0 , 0 0 0 , 0 0 0 10,900,000 04 05 17 1 3 - F C Pu b l i c S a f e t y F a c i l i t y ( P o l i c e S t a t i o n a n d F i r e S t a t i o n ) 75 , 0 0 0 6, 9 2 5 , 0 0 0 7, 0 0 0 , 0 0 0 75 , 0 0 0 D 1,000,000 5 , 9 2 5 , 0 0 0 6,925,000 05 06 Re c r e a t i o n C e n t e r 1, 5 0 0 , 0 0 0 1 3 , 5 0 0 , 0 0 0 15 , 0 0 0 , 0 0 0 15,000,000 1 , 5 0 0 , 0 0 0 1 3 , 5 0 0 , 0 0 0 06 07 Se n i o r F a c i l i t y 5, 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 5,000,000 5,000,000 07 08 14 0 2 - F C To w n H a l l - P r o f e s s i o n a l S e r v i c e s 25 0 , 0 0 0 1 , 3 0 0 , 0 0 0 3 1 1 , 5 0 0 1, 8 6 1 , 5 0 0 1, 4 5 0 , 0 0 0 411,500 1 , 2 5 0 , 0 0 0 4 1 1 , 5 0 0 08 09 16 0 1 - F C To w n H a l l - C o n s t r u c t i o n 18 , 8 1 3 , 0 0 0 18 , 8 1 3 , 0 0 0 18,813,000 9 , 1 7 5 , 0 0 0 5 , 0 0 0 , 0 0 0 4 , 6 3 8 , 0 0 0 09 10 17 1 4 - F C To w n H a l l - F u r n i t u r e , F i x t u r e s , a n d E q u i p m e n t 1, 3 6 2 , 0 0 0 1, 3 6 2 , 0 0 0 1,362,000 1,362,000 10 11 15 1 4 - S T To w n H a l l - O f f s i t e I n f r a s t r u c t u r e 1, 2 7 5 , 0 0 0 1, 2 7 5 , 0 0 0 1,275,000 1,275,000 11 12 14 0 1 - F C Wi n d s o n g R a n c h F i r e S t a t i o n 7, 2 9 6 , 0 0 0 2 0 4 , 0 0 0 7, 5 0 0 , 0 0 0 1, 8 3 7 , 0 0 0 D 5, 6 6 3 , 0 0 0 12 13 13 0 8 - E Q Wi n d s o n g R a n c h F i r e S t a t i o n - A p p a r a t u s 81 5 , 0 0 0 26 3 , 0 0 0 1, 0 7 8 , 0 0 0 1, 0 7 8 , 0 0 0 D 13 7, 5 4 6 , 0 0 0 3 , 5 9 4 , 0 0 0 2 0 , 5 6 1 , 5 0 0 2 6 3 , 0 0 0 1 , 5 0 0 , 0 0 0 0 5 7 , 4 7 0 , 0 0 0 9 0 , 9 3 4 , 5 0 0 2 , 9 9 0 , 0 0 0 7 , 1 1 3 , 0 0 0 2 , 2 0 0 , 0 0 0 7 8 , 6 3 1 , 5 0 0 1 , 2 5 0 , 0 0 0 1 0 , 8 6 1 , 5 0 0 5 , 0 0 0 , 0 0 0 7 , 5 0 0 , 0 0 0 0 5 7 , 4 7 0 , 0 0 0 13 , 1 5 6 , 0 0 0 1 5 , 6 8 4 , 2 5 4 6 0 , 6 5 3 , 7 2 5 3 , 1 4 1 , 0 0 0 1 , 5 0 0 , 0 0 0 6 6 0 , 0 0 0 1 4 0 , 6 7 8 , 0 0 0 2 3 5 , 4 7 2 , 9 7 9 7 5 , 4 8 6 , 0 0 0 2 3 , 3 9 8 , 4 8 3 9 , 2 7 4 , 8 1 2 1 2 7 , 3 1 3 , 6 8 4 1 , 6 1 5 , 0 0 0 1 2 , 7 9 2 , 4 9 6 6 , 0 6 8 , 0 0 0 7 , 5 0 0 , 0 0 0 0 1 1 0 , 2 2 8 , 0 0 0 A I m p a c t F e e s B G r a n t a n d I n t e r l o c a l F u n d s C D e v e l o p e r A g r e e m e n t s D G e n e r a l F u n d E W a t e r / W a s t e w a t e r F u n d F S t o r m w a t e r D r a i n a g e F u n d G P a r k D e v e l o p m e n t F u n d H T I R Z # 1 J T I R Z # 2 K E s c r o w s X N o n - C a s h C o n t r i b u t i o n s Z O t h e r S o u r c e s ( S e e D e t a i l ) Index De s c r i p t i o n C o d e s - O t h e r S o u r c e s Index Index S u b t o t a l Index Pa r k P r o j e c t s S u b t o t a l Index Index Tr a f f i c P r o j e c t s S u b t o t a l G r a n d T o t a l G e n e r a l F u n d Fa c i l i t y P r o j e c t s 02Item 5e Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 15 0 8 - W A BN S F R a i l r o a d P R V ' s 50 , 0 0 0 5 3 2 , 2 0 0 58 2 , 2 0 0 58 2 , 2 0 0 01 02 17 1 5 - W A Co u n t y L i n e E l e v a t e d S t o r a g e T a n k 33 7 , 5 0 0 4 , 5 0 0 , 0 0 0 4, 8 3 7 , 5 0 0 86 6 , 7 2 5 A 3,970,775 3,970,775 02 03 17 1 6 - W A 24 " W L C o n n e c t i o n f r o m C o u n t y L i n e E S T t o D N T 70 , 7 7 5 9 2 4 , 2 2 5 99 5 , 0 0 0 70 , 7 7 5 A 924,225 924,225 03 04 Fi s h t r a p 2 0 " W a t e r L i n e ( L e g a c y - D N T ) 1, 3 3 3 , 4 2 5 1, 3 3 3 , 4 2 5 1, 3 3 3 , 4 2 5 A 04 05 Ga t e s o f P r o s p e r W a t e r I m p r o v e m e n t s , P h a s e 1 4 7 0 , 0 0 0 47 0 , 0 0 0 47 0 , 0 0 0 X 05 06 Ga t e s o f P r o s p e r W a t e r I m p r o v e m e n t s , P h a s e 2 1, 6 2 5 , 0 0 0 1, 6 2 5 , 0 0 0 1, 6 2 5 , 0 0 0 X 06 07 Ga t e s o f P r o s p e r W a t e r I m p r o v e m e n t s , P h a s e 3 90 0 , 0 0 0 90 0 , 0 0 0 90 0 , 0 0 0 X 07 08 Ga t e s o f P r o s p e r W a t e r I m p r o v e m e n t s , P h a s e 4 2, 1 2 5 , 0 0 0 2, 1 2 5 , 0 0 0 2, 1 2 5 , 0 0 0 X 08 09 15 0 1 - W A Lo w e r P r e s s u r e P l a n e P u m p S t a t i o n a n d T r a n s m i s s i o n L i n e 18 5 , 1 0 0 1 , 7 2 6 , 0 0 0 2 2 , 9 0 2 , 9 0 0 24 , 8 1 4 , 0 0 0 1, 8 5 3 , 0 8 1 A 58 , 0 1 9 22,902,900 11,451,450 11,451,450 09 10 04 0 7 - W A Pr o s p e r T r a i l E S T 51 7 , 3 0 0 4 , 4 0 3 , 3 0 0 4, 9 2 0 , 6 0 0 4, 4 0 3 , 3 0 0 A 51 7 , 3 0 0 10 1, 0 3 7 , 3 0 0 6 , 6 6 1 , 5 0 0 2 3 , 3 1 1 , 1 7 5 6 , 7 5 7 , 6 5 0 0 0 4 , 6 5 0 , 0 0 0 4 2 , 6 0 2 , 7 2 5 1 3 , 6 4 7 , 3 0 6 1 , 1 5 7 , 5 1 9 0 2 7 , 7 9 7 , 9 0 0 0 1 1 , 4 5 1 , 4 5 0 1 6 , 3 4 6 , 4 5 0 0 0 0 Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 Do e B r a n c h P a r a l l e l I n t e r c e p t o r ( 2 0 1 8 ) 5, 1 7 7 , 3 4 1 5, 1 7 7 , 3 4 1 5,177,341 5,177,341 01 02 Do e B r a n c h W W T P 1 . 5 M G D E x p a n s i o n ( 2 0 1 8 ) 20 , 2 5 9 , 1 5 9 20 , 2 5 9 , 1 5 9 20,259,159 20,259,159 02 03 Do e B r a n c h W W T P 1 . 5 M G D E x p a n s i o n ( 2 0 2 4 ) 24 , 1 9 0 , 4 9 5 24 , 1 9 0 , 4 9 5 24,190,495 24,190,495 03 04 Ga t e s o f P r o s p e r W a s t e w a t e r I m p r o v e m e n t s , P h a s e 1 5, 7 0 0 , 0 0 0 5, 7 0 0 , 0 0 0 5, 7 0 0 , 0 0 0 X 04 05 Ga t e s o f P r o s p e r W a s t e w a t e r I m p r o v e m e n t s , P h a s e 2 32 0 , 0 0 0 32 0 , 0 0 0 32 0 , 0 0 0 X 05 06 Ga t e s o f P r o s p e r W a s t e w a t e r I m p r o v e m e n t s , P h a s e 3 18 0 , 0 0 0 18 0 , 0 0 0 18 0 , 0 0 0 X 06 07 Ch u r c h / P a r v i n W a s t e w a t e r R e c o n s t r u c t i o n 1 0 0 , 0 0 0 10 0 , 0 0 0 10 0 , 0 0 0 E 07 08 16 0 8 - W W La C i m a # 2 I n t e r c e p t o r ( C o i t - F i r s t ) 46 5 , 0 0 0 46 5 , 0 0 0 46 5 , 0 0 0 A 08 09 Ma t t h e w S o u t h w e s t W a s t e w a t e r I m p r o v e m e n t s 2 , 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 X 09 10 16 0 7 - W W Pu b l i c W o r k s I n t e r c e p t o r 80 0 , 0 0 0 80 0 , 0 0 0 80 0 , 0 0 0 A 10 11 Pu b l i c W o r k s W W T P D e c o m m i s s i o n 90 0 , 0 0 0 90 0 , 0 0 0 900,000 9 0 0 , 0 0 0 11 5, 7 0 0 , 0 0 0 3 , 8 6 5 , 0 0 0 0 0 2 6 , 3 3 6 , 5 0 0 0 2 4 , 6 9 0 , 4 9 5 6 0 , 5 9 1 , 9 9 5 1 0 , 0 6 5 , 0 0 0 0 0 5 0 , 5 2 6 , 9 9 5 0 0 0 2 6 , 3 3 6 , 5 0 0 0 2 4 , 1 9 0 , 4 9 5 Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 01 16 1 7 - D R Am b e r w o o d F a r m s 32 , 0 0 0 32 , 0 0 0 32 , 0 0 0 01 02 16 1 4 - D R Co l e m a n S t r e e t C h a n n e l I m p r o v e m e n t s 17 , 5 0 0 2 8 2 , 5 0 0 30 0 , 0 0 0 17 , 5 0 0 F 282,500 282,500 02 03 15 1 6 - D R La k e s o f L a C i m a O u t f a l l 60 , 0 0 0 60 , 0 0 0 60 , 0 0 0 03 04 16 1 3 - D R Ol d T o w n D r a i n a g e - C h u r c h & P a r v i n D r a i n a g e I m p r . 50 0 , 0 0 0 50 0 , 0 0 0 40 , 0 0 0 F 46 0 , 0 0 0 04 05 Ol d T o w n D r a i n a g e - D e t e n t i o n P o n d I m p r o v e m e n t s 1, 0 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 1,000,000 1 , 0 0 0 , 0 0 0 05 06 Ol d T o w n D r a i n a g e - F i f t h S t r e e t T r u n k M a i n 40 0 , 0 0 0 40 0 , 0 0 0 400,000 4 0 0 , 0 0 0 06 07 17 1 7 - D R Ol d T o w n D r a i n a g e - F i r s t & M a i n T r u n k M a i n 80 0 , 0 0 0 80 0 , 0 0 0 800,000 8 0 0 , 0 0 0 07 08 15 1 5 - D R Ol d T o w n D r a i n a g e - H a w k R i d g e C h a n n e l I m p r o v e m e n t s 16 5 , 0 0 0 16 5 , 0 0 0 16 5 , 0 0 0 F, X 08 09 16 1 6 - D R Ol d T o w n D r a i n a g e - M c K i n l e y & B r o a d w a y T r u n k M a i n 60 0 , 0 0 0 60 0 , 0 0 0 60 0 , 0 0 0 09 10 16 1 5 - D R Ol d T o w n R e g i o n a l D e t e n t i o n / R e t e n t i o n - L a n d A c q u i s i t i o n 36 5 , 0 0 0 3 8 5 , 0 0 0 75 0 , 0 0 0 36 5 , 0 0 0 385,000 385,000 10 11 17 1 8 - D R Ol d T o w n R e g i o n a l R e t e n t i o n - B r o a d w a y ( D e s i g n & C o n s t r . ) 20 0 , 0 0 0 5 5 0 , 0 0 0 75 0 , 0 0 0 20 0 , 0 0 0 550,000 550,000 11 22 5 , 0 0 0 1 , 7 1 4 , 5 0 0 2 , 0 1 7 , 5 0 0 4 0 0 , 0 0 0 1 , 0 0 0 , 0 0 0 0 0 5 , 3 5 7 , 0 0 0 2 2 2 , 5 0 0 1 , 7 1 7 , 0 0 0 0 3 , 4 1 7 , 5 0 0 0 2 , 0 1 7 , 5 0 0 4 0 0 , 0 0 0 1 , 0 0 0 , 0 0 0 0 0 6, 9 6 2 , 3 0 0 1 2 , 2 4 1 , 0 0 0 2 5 , 3 2 8 , 6 7 5 7 , 1 5 7 , 6 5 0 2 7 , 3 3 6 , 5 0 0 0 2 9 , 3 4 0 , 4 9 5 1 0 8 , 5 5 1 , 7 2 0 2 3 , 9 3 4 , 8 0 6 2 , 8 7 4 , 5 1 9 0 8 1 , 7 4 2 , 3 9 5 0 1 3 , 4 6 8 , 9 5 0 1 6 , 7 4 6 , 4 5 0 2 7 , 3 3 6 , 5 0 0 0 2 4 , 1 9 0 , 4 9 5 A I m p a c t F e e s B G r a n t a n d I n t e r l o c a l F u n d s C D e v e l o p e r A g r e e m e n t s D G e n e r a l F u n d E W a t e r / W a s t e w a t e r F u n d F S t o r m w a t e r D r a i n a g e F u n d G P a r k D e v e l o p m e n t F u n d H T I R Z # 1 J T I R Z # 2 K E s c r o w s X N o n - C a s h C o n t r i b u t i o n s Z O t h e r S o u r c e s ( S e e D e t a i l ) De s c r i p t i o n C o d e s - O t h e r S o u r c e s Index Index Index Index Wa t e r P r o j e c t s IndexIndex Su m m a r y o f C a p i t a l I m p r o v e m e n t P r o g r a m - 1 0 / 1 3 / 1 6 En t e r p r i s e F u n d P r o j e c t s S u b t o t a l S u b t o t a l Su b t o t a l G r a n d T o t a l E n t e r p r i s e F u n d s Wa s t e w a t e r P r o j e c t s Dr a i n a g e P r o j e c t s 03Item 5e Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 5 13 , 1 5 6 , 0 0 0 1 5 , 6 8 4 , 2 5 4 6 0 , 6 5 3 , 7 2 5 3 , 1 4 1 , 0 0 0 1 , 5 0 0 , 0 0 0 6 6 0 , 0 0 0 1 4 0 , 6 7 8 , 0 0 0 2 3 5 , 4 7 2 , 9 7 9 7 5 , 4 8 6 , 0 0 0 2 3 , 3 9 8 , 4 8 3 9 , 2 7 4 , 8 1 2 1 2 7 , 3 1 3 , 6 8 4 1 , 6 1 5 , 0 0 0 1 2 , 7 9 2 , 4 9 6 6 , 0 6 8 , 0 0 0 7 , 5 0 0 , 0 0 0 0 1 1 0 , 2 2 8 , 0 0 0 6, 9 6 2 , 3 0 0 1 2 , 2 4 1 , 0 0 0 2 5 , 3 2 8 , 6 7 5 7 , 1 5 7 , 6 5 0 2 7 , 3 3 6 , 5 0 0 0 2 9 , 3 4 0 , 4 9 5 1 0 8 , 5 5 1 , 7 2 0 2 3 , 9 3 4 , 8 0 6 2, 8 7 4 , 5 1 9 0 8 1 , 7 4 2 , 3 9 5 0 1 3 , 4 6 8 , 9 5 0 1 6 , 7 4 6 , 4 5 0 2 7 , 3 3 6 , 5 0 0 0 2 4 , 1 9 0 , 4 9 5 20 , 1 1 8 , 3 0 0 2 7 , 9 2 5 , 2 5 4 8 5 , 9 8 2 , 4 0 0 1 0 , 2 9 8 , 6 5 0 2 8 , 8 3 6 , 5 0 0 6 6 0 , 0 0 0 1 7 0 , 0 1 8 , 4 9 5 3 4 4 , 0 2 4 , 6 9 9 9 9 , 4 2 0 , 8 0 6 2 6 , 2 7 3 , 0 0 2 9 , 2 7 4 , 8 1 2 2 0 9 , 0 5 6 , 0 7 9 1 , 6 1 5 , 0 0 0 2 6 , 2 6 1 , 4 4 6 2 2 , 8 1 4 , 4 5 0 3 4 , 8 3 6 , 5 0 0 0 1 3 4 , 4 1 8 , 4 9 5 G r a n d T o t a l C a p i t a l I m p r o v e m e n t P r o g r a m G e n e r a l F u n d E n t e r p r i s e F u n d s Ca p i t a l I m p r o v e m e n t P r o g r a m S u m m a r y 04 Su m m a r y o f C a p i t a l I m p r o v e m e n t P r o g r a m - 1 0 / 1 3 / 1 6 Ca p i t a l I m p r o v e m e n t P r o g r a m S u m m a r y IndexItem 5e Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. Description of Agenda Item: This item supersedes the actions taken at the December 10, 2013, May 12, 2015, and June 23, 2015 Council meetings, which authorized signatory authority for bank accounts, ACH and Wires, and investments. This item includes bank account signers, electronic funds transfers, and investment pools. The following table summarizes the proposed authorizations: Bank Accounts ACH and Wires Texpool/TexStar Kelly Neal Kelly Neal Kelly Neal Betty Pamplin Betty Pamplin Betty Pamplin Harlan Jefferson Harlan Jefferson Harlan Jefferson Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Attached Documents: 1. Resolution 2. Texpool Resolution Amending Authorized Representative 3. TexStar Amending Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve the Resolution authorizing various individuals as signers of specific accounts and certain investment matters. Recommended Motion: I move to approve the Resolution authorizing various individuals as signers of specific accounts and certain investment matters. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 5f TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING VARIOUS INDIVIDUALS AS SIGNATORIES ON SPECIFIC ACCOUNTS AND CERTAIN INVESTMENT MATTERS; REPEALING RESOLUTION NOS. 13-65, ADOPTED ON OR ABOUT DECEMBER 10, 2013, 15-24, ADOPTED ON OR ABOUT MAY 12, 2015, AND 15-37, ADOPTED ON OR ABOUT JUNE 23, 2015; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, periodically the Town updates the list of specific individuals authorized to perform certain financial transactions on the Town’s behalf; and WHEREAS, it is the intent of the Town Council of the Town of Prosper, Texas, to authorize the following individuals to be signatories and take all appropriate and necessary actions relative to the following Town accounts. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Town-approved signatories for current and possible future Independent Bank accounts and those of any other depository of the Town are hereby authorized to include the Town’s Finance Director, the Town’s Accounting Manager, and the Town Manager. Presently the incumbents for each position hereby authorized are Kelly Neal, Betty Pamplin, and Harlan Jefferson, respectively. SECTION 2 The Town-approved signatories authorized to perform wire and ACH transfers include the Town’s Finance Director, Town Accounting Manager, and Town Manager. Presently the incumbents for each position hereby authorized are Kelly Neal, Betty Pamplin, and Harlan Jefferson, respectively. SECTION 3 The Town-approved signatories authorized to make financial transactions for the TexPool local government investment pool and TexSTAR local government pool include the Town’s Finance Director, Town Accounting Manager, and Town Manager. Presently the incumbents for each position hereby authorized are Kelly Neal, Betty Pamplin, and Harlan Jefferson, respectively. SECTION 4 Resolution Nos. 13-65, 15-24, and 15-37, approved on or about December 10, 2013, May 12, 2015, and June 23, 2015, respectively, are hereby repealed in their entirety. SECTION 5 This Resolution shall be effective from and after its passage by the Town Council. Item 5f Resolution No. ____, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF OCTOBER, 2016. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 5f Resolution Amending Authorized Representatives Please use this form to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. * Required Fields 1. Resolution WHEREAS, Participant Name*Location Number* (“Participant”) is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“TexPool/ Texpool Prime”), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant’s TexPool / TexPool Prime account or (2) is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; List the Authorized Representative(s) of the Participant. Any new individuals will be issued personal identification numbers to transact business with TexPool Participant Services. 1. Name Title Phone/Fax/Email Signature 2. Name Title Phone/Fax/Email Signature FORM CONTINUES ON NEXT PAGE 1 OF 2 Town of Prosper 77294 Kelly Neal Finance Director 972-569-1019 / 972-569-1005 / kelly_neal@prospertx.gov Betty Pamplin Accounting Manager 972-569-1009 / 972-569-1005 / betty_pamplin@prospertx.gov Item 5f 1. Resolution (continued) 3. Name Title Phone/Fax/Email Signature 4. Name Title Phone/Fax/Email Signature List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. Name Title Phone/Fax/Email D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the ______day ______________________, 20 ___. Note: Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. Name of Participant* SIGNED ATTEST Signature*Signature* Printed Name*Printed Name* Title*Title* 2. Mailing Instructions The completed Resolution Amending Authorized Representatives can be faxed to TexPool Participant Services at 1-866-839-3291, and mailed to: TexPool Participant Services 1001 Texas Avenue, Suite 1400 Houston, TX 77002 TexPool Participant Services Managed and 1001 Texas Avenue, Suite 1400 ● Houston, TX 77002 Serviced by ee eratdd Phone: 1-866-TEXPOOL (839-7665) ● Fax: 1-866-839-3291 ● www.texpool.com G45340-17 (12/15) ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX-REP 2 OF 2 Harlan Jefferson Town Manager 972-569-1010 / 972-346-9335 / harlan_jefferson@prospertx.gov Kelly Neal Liz McDonald Accountant 972-569-1008 / 972-569-1005 / liz_mcdonald@prospertx.gov Town of Prosper 77294 Ray Smith Robyn Battle Mayor Town Secretary Item 5f AMENDING RESOLUTION WHEREAS, _________________________________________________________ (the “Government Entity”) by authority of the Application for Participation in TexSTAR (the “Application”) has entered into an Interlocal Agreement (the “Agreement”) and has become a participant in the public funds investment pool created there under known as TexSTAR Short Term Assert Reserve Fund (“TexSTAR”); WHEREAS, the Application designated on one or more “Authorized Representatives” within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the “Authorized Representatives” within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The following officers, officials or employees of the Government Entity specified in this document are hereby designated as “Authorized Representatives” within the meaning of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. SECTION 2. This document supersedes and replaces the Government Entity’s previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement SECTION 3. This resolution will continue in full force and effect until amended or revoked by Government Entity and written notice of the am endment or revocation is delivered to the TEXSTAR Board. SECTION 4. Terms used in this resolution have the meanings given to them by the Application. Town of Prosper, Texas Item 5f Authorized Representatives. Each of the following Participant officials is designated as Participant’s Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: 1. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 2. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 3. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 4. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ {REQUIRED} PRIMARY CONTACT: List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements Name:________________________________________________________________________ {OPTIONAL} INQUIRY ONLY CONTACT: In addition, the following additional Participant representative (not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ Participant may designate other authorized representatives by written instrument signed by an existing Participant Authorized Representative or Participant’s chief executive officer. DATED ____________________ _______________________________________________ (NAME OF PARTICIPANT) SIGNED BY: _____________________________________________ (Signature of official) __________________________________________________ (Printed name and title) ATTESTED BY: ___________________________________________ (Signature of official) ___________________________________________________ (Printed name and title) FOR INTERNAL USE ONLY APPROVED AND ACCEPTED: TEXAS SHORT TERM ASSET RESERVE FUND …………………………………………………………………… AUTHORIZED SIGNER *REQUIRED* PLACE OFFICIAL SEAL OF ENTITY HERE Kelly Neal Finance Director 972-569-1019 Betty Pamplin kelly_neal@prospertx.gov Accounting Manager 972-569-1009 Harlan Jefferson betty_pamplin@prospertx.gov Town Manager 972-569-1010 harlan_jefferson@prospertx.gov Kelly Neal Liz McDonald Accountant 972-569-1008 liz_mcdonald@prospertx.gov October 25, 2016 Town of Prosper, Texas Ray Smith, Mayor Robyn Battle, Town Secretary Item 5f Page 1 of 2 To: Mayor and Town Council From: Paul Naughton, RLA, Landscape Architect Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for the construction of Frontier Park North Field Improvements between the Town of Prosper and Collin County. Description of Agenda Item: Town staff submitted an application to the Parks and Open Space Grant Program with Collin County on June 28, 2016, requesting $500,000 towards the construction of Frontier Park North Field Improvements project. On September 27, 2016, the Collin County Park Foundation Advisory Board, on behalf of the Collin County Commissioners Court, informed the Town of Prosper that it had been awarded $375,000 to be used towards the construction of the hike and bike trail, pedestrian bridge, and playground. The Interlocal Agreement (ILA) is attached to this staff report and must be executed by the Town prior to funds being expended for the construction. The ILA outlines the terms associated with the acceptance of the $375,000 in funding, which includes the posting of a project sign on the site, the submittal of quarterly reports to the County, and a final itemized list of expenditures for reimbursement. In addition to the Collin County funding, the Town was awarded $500,000 from Texas Parks and Wildlife on March 24, 2016, towards the construction of Frontier Park North Field Improvements to be used towards the construction of the hike and bike trail, softball/baseball fields, and pavilion. Budget Impact: This dollar-for-dollar matching grant will provide the Town the sum of Three Hundred Seventy-Five Thousand dollars ($375,000.00) towards the estimated project cost of Ten Million, Four Hundred, fifty-one thousand, two hundred twenty five dollars ($10,451,225.00). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ILA as to form and legality. Attached Documents: 1. Interlocal Agreement Prosper is a place where everyone matters. PARKS & RECREATION Item 5g Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement for the construction of Frontier Park North Field Improvements between the Town of Prosper and Collin County. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement for the construction of Frontier Park North Field Improvements between the Town of Prosper and Collin County. Item 5g Item 5g Item 5g Item 5g Robyn Battle Town Secretary10-25-16 Harlan Jefferson Town Manager 10-25-16 Terrence Welch Town Attorney 10-25-16 N/A Item 5g Paul Naughton 407 E. First Street Prosper, TX 75078 972-569-1063 972-347-9006 paul_naughton@prospertx.gov Item 5g Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: 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 Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached is the Site Plan acted on by the Planning & Zoning Commission at their October 18, 2016, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site Plan for the Northwest corner of First Street and Church Street Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Prosper Office Building Site Plan Northwest corner of First Street and Church Street 4,550 square foot Office Unknown Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 5h BLOCK 23, LOT 3R BRYANT'S #1 ADDITION N 89°24'00" E 160.27' N 88°24'00" E 148.35' // / // / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /////////////// / / / / / / / / / / / / / / / / / / / / / / / / /// / / / // / // / // / / / / / / / / / / / / / / / / / / / //////////////////////// / / / / / / / / / // / // / // / 0.536 ACRES (NET) 1/2" IRS 1/2" IRF 1/2" IRF 1/2" IRS1/2" IRS Lot 1 Block 24 Town of Prosper Vol. 116, Pg. 162 P.R.C.C.T. Mahard Egg Farm Inc. Vol. 3356, Pg. 348 D.R.C.C.T. Ernest Mahard, Jr. Vol. 637, Pg. 229 O.P.R.C.C.T. First Baptist Church of Prosper Doc. No. 2001-0130186 O.P.R.C.C.T. LAND USE: VACANT ZONED: SINGLE FAMILY-15 LAND USE: VACANT ZONED: SINGLE FAMILY LAND USE: EGG FARM ZONED: DOWN TOWN OFFICE LAND USE: BOYER PARK ZONED: DOWN TOWN OFFICE LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 ELVIA CONVENTO CELEZ AND EFREAIN CONVENTO FRANCO DOC. NO. 00-0021782 O.P.R.C.C.T. LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 Lot 7 Block 21 Lot 8Lot 9Lot 10Lot 12 Lot 11 Lot 12 Block 22 Inst. No. 20070514000648500 O.P.R.C.C.T. Sarah Jill Jones Inst. No. 92-0082522 O.P.R.C.C.T. ISO Supply LLC Inst. 20091109001366700 D.R.C.C.T. LAND USE: RESIDENTIAL ZONED: DTO BLOCK 23, LOT 3R BRYANT'S #1 ADDITION N 89°24'00" E 160.27' N 88°24'00" E 148.35' // / // / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /////////////// / / / / / / / / / / / / / / / / / / / / / / / / /// / / / // / // / // / / / / / / / / / / / / / / / / / / / //////////////////////// / / / / / / / / / // / // / // / 0.536 ACRES (NET) 1/2" IRS 1/2" IRF 1/2" IRF 1/2" IRS1/2" IRS Lot 1 Block 24 Town of Prosper Vol. 116, Pg. 162 P.R.C.C.T. Mahard Egg Farm Inc. Vol. 3356, Pg. 348 D.R.C.C.T. Ernest Mahard, Jr. Vol. 637, Pg. 229 O.P.R.C.C.T. First Baptist Church of Prosper Doc. No. 2001-0130186 O.P.R.C.C.T. LAND USE: VACANT ZONED: SINGLE FAMILY-15 LAND USE: VACANT ZONED: SINGLE FAMILY LAND USE: EGG FARM ZONED: DOWN TOWN OFFICE LAND USE: BOYER PARK ZONED: DOWN TOWN OFFICE LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 ELVIA CONVENTO CELEZ AND EFREAIN CONVENTO FRANCO DOC. NO. 00-0021782 O.P.R.C.C.T. LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 Lot 7 Block 21 Lot 8Lot 9Lot 10Lot 12 Lot 11 Lot 12 Block 22 Inst. No. 20070514000648500 O.P.R.C.C.T. Sarah Jill Jones Inst. No. 92-0082522 O.P.R.C.C.T. ISO Supply LLC Inst. 20091109001366700 D.R.C.C.T. LAND USE: RESIDENTIAL ZONED: DTO PROPOSED OFFICE BUILDING 4,550 SF FFE=736.80 EAST SECOND STREET (60' WIDTH R.O.W.) EAST FIRST STREET (VARIABLE WIDTH R.O.W.) CH U R C H S T R E E T (6 0 ' W I D T H R . O . W . ) 1 5 ' L A N D S C A P E S E T B A C K / B U I L D I N G L I N E 15' LANDSCAPE SETBACK 3 0 ' R O W D E D I C A T I O N 1 5 ' L A N D S C A P E S E T B A C K 2 5 ' B U I L D I N G L I N E 10' BUILDING LINE 5' LANDSCAPE/ SETBACK 4 0 ' 124' 1 5 . 0 2 ' 30.1'46.47' 1 5 . 1 4 ' 46.98' 7 0 . 4 ' 2 0 ' 7 . 7 7 ' 9' 9' 9' TYP . 24' 5' 5' 1 8 ' 22' TYP. 1 0 ' T Y P . EX. FH EX. FH PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. 5' 60 ° ' T 1 2 PROP. ELECTRIC ESMT. PROP. WATER ESMT. PROP. FH PROP. B.F.R. 5' 5 ' PROP.WATER ESMT. 6 . 5 ' 10' 1 0 ' 10'X10' R.O.W. DEDICATION ±189' 750' TO S. COLEMAN ST PROP. GARBAGE TOTERS (TO BE SCREENED BY STONE WING WALL TO MATCH FACADE OF BUILDING) 7 . 5 ' 2 ' 1 5 . 6 8 ' 1 8 ' PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. ± 1 9 . 8 9 ' ±23.8' 1 9 . 6 4 ' PROP. LANDSCAPE WALL FUTURE SIDEWALK 25' BUILDING LINE 1 9 . 9 8 ' 24.54' 1 9 . 9 5 ' 2 4 ' R 1 5 ' R15 ' 2 4 ' R 2 5 ' R10' R1 5 ' R 1 5 ' R25 ' R 1 0 ' 2 4 ' 24' DA T E No . RE V I S I O N BY DATE: SHEET File No. 2016-099 10/11/2016 CHECKED: JEV DRAWN:JEV DESIGN: PR O P O S E D O F F I C E BU I L D I N G SW C E . 2 N D S T . & C H U R C H S T . PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 PRELIMINARY CLAYMOORE ENGINEERING MAM LEGEND EX. FIRE HYDRANT FIRE HYDRANT HEAVY DUTY CONCRETE PAVEMENT PROPOSED SIDEWALK STANDARD DUTY CONCRETE PAVEMENT TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. COUNTY SURVEY: COLLIN EAGLE SURVEYING, LLC CITY:STATE: PROSPER TEXAS OWNER: SITE PLAN APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR:EAGLE SURVEYING, LLC. 210 SOUTH ELM STREEET, SUITE 104 DENTON, TX 76201 ERNEST WOORSTER PH.940.222.3009 BROWN AND GRIFFIN REAL ESTATE ADVISORS LP PO BOX 129 PROSPER, TX 75078 PH:972-347-9900 ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. CASE#: D16-0067 *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* LEGAL DESCRIPTION BRYANT'S #1 ADDITION BLOCK 23, LOT 3R 0.536 ACRES (NET) 0.578 (GROSS) WATER METERWM T TRANSFORMER FLOOD PLAIN NOTE WATER METER SCHEDULE ID TYPE SIZE NO. DOM. 2" 1 IRR. 1 1/2" 1 1 2 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 N.T.S. VICINITY MAP N SITE N HW 2 8 9 N C O L E M A N S T 1193 BROADWAY ST E 1ST ST E 2ND ST E 3RD ST S C H U R C H S T MA I N S T SI T E P L A N SP-1 Item 5h Page 1 of 4 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.3± acre from Downtown Retail (DTR) to Planned Development-Downtown Retail (PD-DTR), located on the southwest corner of Main Street and Broadway Street. (Z16-0021). 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 Downtown Retail Undeveloped and Professional Office Old Town Core District – Main Street Retail North Downtown Retail Restaurant (Cotton Gin Café) Old Town Core District – Main Street Retail East Downtown Retail Municipal Office (Prosper Town Hall) Old Town Core District – Main Street Retail South Single Family-15 Town Athletic Fields Old Town Core District – Green Space West Downtown Retail (Lawn Tech) Old Town Core District – Main Street Retail Requested Zoning – The purpose of this request is to adopt development standards to accommodate a proposed office building which will have a retail/storefront appearance. The office will be a 1-story building, totaling 1,907 square feet. The limited size and dimensions of the tract necessitate a Planned Development District to accommodate the development. To achieve this, the applicant is proposing to adopt a series of PD exhibits, as described below: Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 4  Exhibit A – Boundary survey of the property.  Exhibit B – Statement of intent and purpose.  Exhibit C – Development standards, which require development in accordance with the Downtown Retail District. To accommodate the development, the applicant is requesting a reduction in the required minimum lot area, width, and depth to be able to subdivide the original lot into two (2) lots for separate ownership. The existing building to the north will be on a separate lot as shown on Exhibit D. The proposed development standards also allow for the elimination of perimeter landscaping which is not needed in this location.  Exhibit D – Conceptual layout, which depicts the location of the proposed building and the on- street parking, which will be constructed by the Town. The proposed building will be located at the edge of the ultimate Main Street right-of-way and will include a 15-foot sidewalk, in accordance with the vision of downtown, as set forth in the Comprehensive Plan. Access will be provided from Main Street.  Exhibit E – Development schedule.  Exhibit F – Architectural renderings, which depict the style and material of the proposed building. The building will consist primarily of brick construction with an articulated flat roof and storefront appearance addressing the street, in accordance with the vision of downtown, as set forth in the DTR District. The following are pictures of the site for reference: Item 7 Page 3 of 4 Future Land Use Plan – The Future Land Use Plan recommends Old Town Core District – Main Street Retail. The proposed rezoning request is in conformance with the Future Land Use Plan. Thoroughfare Plan – The property has direct access to Main Street. Main Street is a collector- type roadway but is not depicted on the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended to the property. Access – Access to the property will be provided from Main Street. Schools – This property is served by the Prosper Independent School District (PISD). Due to the limited size of the tract, a school cannot feasibly be built on this tract. Parks – This property is not needed for the development of a park. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has received one Public Hearing Notice Reply Form; not in opposition to the request. Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Aerial and Zoning Map 2. Ordinance 3. Exhibits A, B, C, D, E and F 4. Old Town Inset Map 5. Public Hearing Notice Reply Form Item 7 Page 4 of 4 Planning & Zoning Commission Recommendation: At their October 4, 2016, 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 rezoning request and accompanying ordinance. Town Council Public Hearing: I move to approve an ordinance rezoning 0.3± acre from Downtown Retail (DTR) to Planned Development-Downtown Retail (PD-DTR), located on the southwest corner of Main Street and Broadway Street. Item 7 Z16-0021 MA I N S T BROADWAY ST CO L E M A N S T THIRD ST 0 30 6015 Feet ± Item 7 Z16-0021 MA I N S T BROADWAY ST THIRD ST CO L E M A N S T DTR SF-15 C C SF-15 DTR DTO DTO 0 30 6015 Feet ± Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.307 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED DOWNTOWN RETAIL (DTR) IS HEREBY AMENDED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-DOWNTOWN RETAIL (PD-DTR); 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 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Wisdom Index, LLC (“Applicant”) to rezone 0.307 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, 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. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.307 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, 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-Downtown Retail (PD-DTR). 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. Item 7 Ordinance No. 16-__, 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 concept plan, attached hereto as Exhibit D; 4) the development schedule, attached hereto as Exhibit E; and 5) the conceptual elevations, attached hereto as Exhibits 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. 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 Item 7 Ordinance No. 16-__, Page 3 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 25TH DAY OF OCTOBER, 2016. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 EXHIBIT A Z16-0021 Item 7 Z16-0021 EXHIBIT B STATEMENT OF INTENT AND PURPOSE New construction is intended to be a high quality, commercial office building compatible with current downtown retail zoning and surrounding uses. The office will serve as a wealth management office to serve and enhance the quality of life for Prosper residents and other persons in the Dallas- Fort Worth Metroplex. Item 7 Z16-0021 EXHIBIT C PLANNED DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20, as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. 1. Except as noted below, the Tract shall develop in accordance with the Downtown Retail (DTR) District, as it exists or may be amended. 2. Development Plans A. Concept Plan: The tract shall be developed in general accordance with the attached concept plan, set forth in Exhibit D. B. Elevations: The tract shall be developed in general accordance with the attached elevations, set forth in Exhibit F. 3. Regulations A. Size of Yard: 1. Minimum Front Yard: None. a. The projections permitted beyond the property line, as outlined in the DTR District, as it exists or may be amended, shall apply. 2. Minimum Side Yard: None. 3. Minimum Rear Yard: None. B. Size of Lots: 1. Minimum Size of Lot Area: Fifteen hundred (1,500) square feet. 2. Minimum Lot Width: Twenty five (25) feet. 3. Minimum Lot Depth: Twenty five (25) feet. C. Landscape Setback: 1. Minimum Front: None. 2. Minimum Side: None. 3. Minimum Rear: None. Item 7 Z16-0021 EXHIBIT D Item 7 Z16-0021 EXHIBIT E DEVELOPMENT SCHEDULE It is anticipated that construction of the Wisdom Index building will begin February 2017. Item 7 Z16-0021 EXHIBIT F Item 7 Old Town Transportation Plan Section A: Four lane divided roadway with a landscaped median and a landscaped parkway separating pedestrians from traffic. This section serves as a major entrance into Old Town from the east. No on-street parking. Section B: Two lane divided boulevard with a large center median containing landscaping. Wide travel lanes allow for bicycle accommodation and a landscaped parkway separates pedestrians from traffic. No on-street parking. Section C: Two lane divided boulevard with a large center median containing landscaping. On-street parallel parking is permitted and a landscaped parkway separates pedestrians from traffic. Section D: Two lane undivided urban roadway. Wide 20’ sidewalks accommodate patio seating, pedestrian traffic and street trees. On-street angled parking is permitted and bulb-outs are located at intersections to enhance pedestrian visibility at crosswalks. Section E: Two lane undivided roadway with on-street parallel parking and an immediately adjacent 8’ sidewalk. A large private setback of 25’ is included. Section F: Two lane undivided roadway with on-street parallel parking and a 15’ sidewalk. 10’ of the sidewalk will be located within the right-of-way and the additional 5 feet will be a 5’ setback to building face. Section G: Two lane divided roadway with a center median containing landscaping. On-street parallel parking and a 10’ sidewalk are included. Land Use The predominant land use within Old Town will be single-family residential. All infill development within such areas should conform to the architectural guidelines established for the Old Town district. Such guidelines are created to protect the continuity of look and feel within Old Town. Along Broadway and First Street, single-family uses will gradually transition to boutique, cottage-style office and/or specialty retail uses. Broadway west of Coleman, will be the retail core of the downtown. Shops, restaurants, and small office uses may be located within the main street retail area. This area is intended to be the heart and main activity center of the Old Town Area. As redevelopment occurs, building frontages should be brought to the property line to be consistent with ultimate streetscape improvements. Adjacent to the retail core, a mixed-use district incorporating mixed use lofts/apartments will serve as a buffer between the Business Park and the core of Old Town. This area will also provide rooftops that service adjacent retail establishments. The Green space area will serve as a community park and its location adjacent to the retail core of Old Town and the mixed-use district will make it an opportunistic and useable open space area. Niche retail is recommended along Preston Road and at the northern end of Coleman. Retail development within these areas should fit within the architectural framework of the Old Town area. Setbacks should be reduced, when possible, along Coleman and Broadway to frame the roadways. MSR O Ordinance 15-19, Adopted 4/14/15 Item 7 I t e m 7 Page 1 of 3 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon a request for a Special Purpose Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on the northeast corner of US 380 and Gee Road. (MD16-0002). History: At the May 10, June 14, June 28, July 12, August 9, September 13, and September 27, 2016, meetings, the Town Council tabled this item per the applicant’s request. Description of Agenda Item: As defined in the Sign Ordinance, a Special Purpose Sign District (SPSD) is an overlay district that allows an applicant the option of designating an area where signs may deviate from the underlying sign code regulations. Town Council has the authority to approve, conditionally approve, or deny requests for Special Purpose Sign Districts. Specifically, the purpose of this request is to allow: 1) two (2) unified development signs located within 750’ of another unified development sign; 2) three (3) unified development signs permitted to encroach into the 1’-0” setback requirement; 3) increased wall sign height for the big box buildings (Kroger and Home Depot); 4) digital fuel pricing on an off-site unified development sign; and 5) digital fuel pricing on the proposed fuel canopy. Per the Sign Code, unified development signs shall be a located no closer than 750 feet. Per this requirement in this instance, a maximum of five (5) unified development signs would be permitted within the Windsong Ranch Marketplace development. Five (5) are proposed. Of the five (5) signs, three (3) signs are proposed to be located along US 380 and will be a maximum of 20 feet in height, as permitted by the Sign Code. The two (2) remaining signs will be located along Gee Road and Windsong Parkway, respectively, and will be a maximum of twelve feet in height, in accordance with the Sign Code. However, the signs located along Gee Road and Windsong Parkway are proposed to be located within 750 feet of the unified development signs along US 380. Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 3 As shown on Exhibit C, unified development sign UD1 is less than 750 feet from unified development sign UD2, and unified development sign UD5 is less than 750 feet from unified development sign UD4. The applicant has outlined the basis for this request in Exhibit B, which is generally due to the fact that the unified development signs are not on the same road frontage within the Windsong Ranch Marketplace development. The three (3) unified development signs along US 380 are proposed to be permitted within the required 1’-0” setback due to restrictions placing the signs within the City of Irving waterline easement, which would allow the signs to be placed on the front property line. The attached Building Elevation and Sign Details (Exhibits D-6 and D-18) show the elevations and details of the proposed wall signs. The proposed SPSD is requesting increased wall sign height for the Kroger and Home Depot. The applicant is proposing to increase the height of three (3) wall signs for Kroger. Two (2) wall signs are limited to a maximum of five (5) feet in height; the request is to increase the maximum sign height to 12’-6” and 8’-6”, respectively. One (1) wall sign is limited to a maximum height of four (4) feet; the request is to increase the maximum sign height to five (5) feet. The applicant is also proposing to increase one (1) wall sign on Home Depot from the permitted five feet to six feet. The applicant’s basis for the request is to allow for wall signage that is more proportional in size to the scale of the buildings. The requested deviations to the maximum height requirement for the wall signs for big box users are consistent with what have been previously approved for Special Purpose Sign Districts for the Gates of Prosper, Prosper Plaza, and the Shops at Prosper Trail developments. The applicant is proposing digital fuel pricing signage on one (1) unified development sign, UD2, which is off-site, not located on the fuel center lot. Digital fuel pricing is only permitted on the lot on which the fuel center is located and is not permitted as off-site tenant signage on unified development signs. In addition, the applicant is proposing digital fuel pricing on the fuel center canopy which is not permitted by the Sign Code. The applicant is proposing digital fuel pricing on the unified development sign located on the fuel center lot, UD3, which is permitted by the Sign Code. Staff has concerns with the overabundance of digital fuel pricing within the Windsong Ranch Marketplace development. As an FYI, the Kroger at the Shops at Prosper Trail limited its fuel pricing to the sign on the fuel center lot and did not request signage on the canopy. Staff believes the requested spacing and location of the proposed unified development signs are appropriate and supports the request for two (2) unified development signs to be located within 750 feet of another unified development sign. Staff also believes the existing parkway along US 380 is adequate to allow for encroachment of the setback. In addition, staff believes the proposed increased wall sign height on the big box buildings allow for proportionately sized signage and supports the proposed increase of the wall sign heights for the Kroger and Home Depot. Staff believes the digital fuel pricing on the 20-foot high unified development sign on the fuel center lot provides adequate visibility to the public, which is permitted by the Sign Code. Staff recommends denial of the digital fuel pricing on the off-site unified development sign, UD2 and recommends denial of the digital fuel pricing on the fuel center canopy. Item 8 Page 3 of 3 Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Sign Ordinance. Town staff has not received any Public Hearing Notice Reply Forms. Attachments: 1. Aerial Map 2. Special Purpose Sign District Exhibits Town Staff Recommendation: Town staff recommends the following: 1. approval of the request for two (2) unified development signs to be located within 750 feet of another, as shown on Exhibit C, 2. approval of the request to allow for encroachment into the minimum setback; 3. approval of the increased wall sign height for the big box buildings, 4. denial of the digital fuel pricing on the off-site unified development signs, and 5. denial of the digital fuel pricing on the fuel canopy. Proposed Motion: I move to approve: 1. the request for two (2) unified development signs to be located within 750 feet of another, 2. the encroachment of the setback, as shown on Exhibit C, and 3. the increased wall sign height for the big box buildings And I move to deny: 1. the digital fuel pricing on the off-site unified development signs, and 2. the digital fuel pricing on the fuel canopy. Item 8 W I N D S O N G P K W Y LOCKW O O D DR MILBY DR B L U E S T E M D R HA W K I N S L N W UNIVERSITY DR GE E R D FM 4 2 3 MD16-0002 ±0 150 300 Feet 1 inch = 300 feet Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Exhibit B Statement of Intent and Purpose On behalf of UCD Real Estate, Comet Signs is requesting approval of a Special Purpose Sign District for the approved property of Windsong Ranch, located at 4650 West University Drive. This Special Purpose Sign District will only address the free-standing signage along West University Drive, Gee Road, and South Windsong Parkway, as well as the building signage for Kroger, Home Depot and the Kroger Fuel Center. All or any future submissions for signage at this property will follow the standard sign ordinance of the Town of Prosper. We are requesting a special purpose sign district to allow the construction of five (5) unified type monument displays, Kroger Fuel Center signage, and larger than code allowance signage for both Kroger and Home Depot wall signs. The requested signage was designed to provide minimum yet adequate visibility from West University Drive, South Windsong Parkway and Gee Road, providing much needed business identity while maintaining a unified visual harmony throughout the center. Specifically, the proposed deviations to the Sign Ordinance are as follows: • Additional Unified Developments, spaced less than 750 feet apart Although UD1 and UD5 are less than 750 feet apart from UD2 and UD4, respectively, these signs are not on the same frontage as UD2 and UD4. UD1 is located on Gee Road frontage, and UD5 is located on Windsong Ranch frontage. The code allows for one unified development sign per street frontage. In addition, the Unified Developments are proposed to allow for encroachment into the 1’-0” setback due to restrictions with the City of Irving waterline easement. • Digital fuel pricing signs located on off-site lots and on the fuel canopy Due to the competitiveness of fuel pricing and the distance that these signs are separated from each other, the fuel pricing units will have greater exposure, thus driving more business to the location. In addition, Kroger uses thee electronic type price changes due to the ease of uploading prices from their corporate office, as opposed to relying on an on-site employee to change the pricing daily on a scrolling or static type display. We ask the council allow the fuel price changers in lieu of the Kroger Fuel logo. Item 8 • Increased wall sign height The sign sizes being requested are compatible with the Section 1.2 Special Purpose Sign District E(1) (a,b,& c) and give the tenant a proportionate size and scale of signage in comparison with the building, which is a total of 41’ 8”. We appreciate your consideration in this matter. Thank you, Dean Kraus Comet Signs 972-870-1594 Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size KROGERM1 2 1 6 ’ 2 1 6 ’ 1141'-0"1121'-0"973'-0"999'-0" 60 0 ' - 0 " 60 0 ' - 0 " UD1 UD2 UD3 UD4 UD5 M2 M3 M4 M5 M6 M7 M8 M9 scale:1”=200’ 75'75' 94' 2 6 7 ’ 2 6 7 ’ 745'-0"798'-0"228'-0"198'-0"75 ' 75 ' F1 FUEL CENTER 49 5 ' - 0 " 49 5 ' - 0 " 96 ' 15 4 ' SIGN WILL OVERHANG EASEMENT 1’-0” SIGN WILL OVERHANG EASEMENT 1’-0” SIGN WILL OVERHANG EASEMENT 1’-0” EXHIBIT - C E University Dr Ge e R d Wi n d s o n g P k w y S Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0” 12 ’ - 0 ” O A H 8’ - 4 ” 3’ - 1 0 ” 4’ - 6 ” 2’ - 3 ” 6” 3” 4” 4” 1’ - 3 1 / 4 ” OPTION 1 EXHIBIT - D-1 Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” 3M 3630-36 BLUE AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0” 12 ’ - 0 ” O A H 8’ - 4 ” 2’ - 1 1 3 / 4 ” 5’ - 5 1 / 4 ” 2’ - 3 ” 6” 3” 4” 4” 1’ - 6 1 / 2 ” OPTION 2 EXHIBIT - D-1 Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size 10’-0” 20 ’ - 0 ” O A H 14 ’ - 0 ” 8’-8” 4’ - 4 ” 3’ - 6 ” 2’-6” 3’ - 1 1 ” 6” 8” 4” 3’-0” II 6’- 2 ” 4” AA 8” HH FF TENANT TENANT TENANT TENANT DD EE CC GG 8” IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD3 LOCATED ON 380 FRONTAGE 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREAUd3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTEDUD3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTED Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED UD2 LOCATED ON 380 FRONTAGE AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C LANDMARK LED PRICE CHANGER, 18” CHAR. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. BB 11’-0” EXHIBIT - D-3 3M 3630-26 GREEN 3’ - 7 3 / 4 ” 11 ” 2”2” 2” 2” 2” Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD4 LOCATED ON 380 FRONTAGE SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN 10’-0” 8’-8” AA 8”8” II HH FF GG 10’-0” 20 ’ - 0 ” O A H 14 ’ - 0 ” 4’ - 6 ” 2’-6” 3’ - 1 1 ” 3M 3630-26 GREEN 6” 8” 4” DD 3’-0” TENANT 5’ - 0 ” EE 4” AA TENANT TENANT TENANT TENANT TENANT AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. 4’ - 6 ” TENANT CC BB 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA 11’-0” EXHIBIT - D-4 3’ - 1 0 ” 10 ½ ” 2” 2” 2” 2” Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size D/F SIGN ELEVATION D/F SIGN ELEVATION UD4 LOCATED ON 380 FRONTAGE NTS 75’-0” NEW EXHIBIT EXHIBIT - D-4.2 Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA 4’ - 6 ” 4’ - 6 ” 8”8” 4”4” 1”1” 6’ - 0 ” 6’ - 0 ” MATCH BLDG. TRIM MATCH BLDG. STONE BELL BOX BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN 6”6” BLACK BLACKCABINET CABINET LEXAN SIGN FACES LEXAN SIGN FACES D/F MONUMENT SIGN Scale: 1/4"=1'-0" SEVEN (7) REQUIRED 4’ - 6 ” 8” 4” 1” 6’ - 0 ” MATCH BLDG. TRIM SINGLE TENANT MULTI-TENANT MULTI-TENANT MATCH BLDG. STONE BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN6” BLACK CABINET LEXAN SIGN FACES M 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA M2 M8 M2 AND M9 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGEM2 AND M8 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGE 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” EXHIBIT - D-5 Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” 3M 3630-36 BLUE 3M 3630-26 GREEN AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE EXHIBIT - D-1 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0” KROGER File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. 12 ’ - 0 ” O A H 8’ - 4 ” 3’ - 1 0 ” 4’ - 6 ” 2’ - 3 ” 1’ - 1 0 ” 1’ - 2 1 / 2 ” 6” 3” 4” 4” 1’ - 3 1 / 4 ” Item 8 10’-0” 20 ’ - 0 ” O A H 14 ’ - 0 ” 8’-8” 4’ - 4 ” 3’ - 6 ” 2’-6” 3’ - 1 1 ” 3M 3630-36 BLUE 3M 3630-26 GREEN 1’ - 1 1 ” 1’ - 4 1 / 2 ” 6” 8” 4” 3’-0” II 6’- 2 ” 4” AA 8” HH FF TENANT TENANT TENANT TENANT DD EE CC GG 8” Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis File Name: 15-1767 R27 - Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD3 LOCATED ON 380 FRONTAGE 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA EXHIBIT - D-3 Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTEDUD3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTED Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED KROGER UD2 LOCATED ON 380 FRONTAGE R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C LANDMARK LED PRICE CHANGER, 18” CHAR. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. BB 11’-0” Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD4 LOCATED ON 380 FRONTAGE EXHIBIT - D-4 SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN 10’-0” 8’-8” AA 8”8” II HH FF GG File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. 10’-0” 20 ’ - 0 ” O A H 14 ’ - 0 ” 4’ - 6 ” 2’-6” 3’ - 1 1 ” 3M 3630-36 BLUE 3M 3630-26 GREEN 6” 8” 4” DD 3’-0” TENANT 5’ - 0 ” EE 4” AA TENANT TENANT TENANT TENANT TENANT AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. 4’ - 6 ” 1’ - 1 1 ” 1’ - 4 1 / 2 ” KROGER TENANT CC BB 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA 11’-0” Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER D/F SIGN ELEVATION D/F SIGN ELEVATION UD4 LOCATED ON 380 FRONTAGE EXHIBIT - D-4.2 NTS 75’-0” File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. NEW EXHIBIT Item 8 Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA 4’ - 6 ” 4’ - 6 ” 8”8” 4”4” 1”1” 6’ - 0 ” 6’ - 0 ” MATCH BLDG. TRIM MATCH BLDG. STONE BELL BOX BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN 6”6” BLACK BLACKCABINET CABINET LEXAN SIGN FACES LEXAN SIGN FACES D/F MONUMENT SIGN Scale: 1/4"=1'-0" SEVEN (7) REQUIRED 4’ - 6 ” 8” 4” 1” 6’ - 0 ” MATCH BLDG. TRIM SINGLE TENANT MULTI-TENANT MULTI-TENANT MATCH BLDG. STONE BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN 6” BLACK CABINET LEXAN SIGN FACES M 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA M2 M8 EXHIBIT - D-5 M2 AND M9 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGEM2 AND M8 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGE 10’-0” 7’-6”1’-0”1’-0” File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 EXHIBIT E – SIGN SCHEDULE / DEVELOPMENT STANDARDS Unified Development Signs: UD1 – Shall be permitted to be located within 750’ of UD2, in accordance with Exhibit C. UD2 – Shall be permitted to be located within 750’ of UD1, in accordance with Exhibit C. UD4 – Shall be permitted to be located within 750’ of UD5, in accordance with Exhibit C. UD5 - Shall be permitted to be located within 750’ of UD4, in accordance with Exhibit C. UD2, UD3, and UD4 - Shall be permitted to encroach the 1’-0” setback requirement, in accordance with Exhibit C. Wall Signs: B1 – Shall be permitted to be a maximum of 12’ 6” in height. B2 - Shall be permitted to be a maximum of 8’ 6” in height. B3 - Shall be permitted to be a maximum of 5’ in height. B13 - Shall be permitted to be a maximum of 6’ in height. Digital Fuel Pricing Signs: UD2 – Digital fuel pricing shall be permitted, as shown on Exhibit D-2. F2 – Digital fuel pricing shall be permitted, as shown on Exhibit D-14 and D-16. Item 8 Page 1 of 5 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-65 (PD-65) and a portion of Planned Development-48 (PD-48), on 198.4± acres, located on the southeast and southwest corners of existing and future Prairie Drive and Legacy Drive, to allow for the development of a single family detached, senior living development and to modify lot type requirements. (Z16-0011). History: At the August 9, and September 13, 2016, meetings, the Town Council tabled this item per the applicant’s request. At the September 27, 2016, meeting, this item was tabled by Town Council to give the applicant an opportunity to revise the proposed PD, primarily to determine the exact percentage of cementitious fiber board that is requested in conjunction with the proposed elevations, as well as address other various items. Since the meeting the applicant has revised the request as follows:  For homes with cementitious fiber board, the maximum percentage of the fiber board has been reduced from 60% to 45%;  For homes with a dwelling area between 1,600 and 1,800 square feet, this range has been limited to 20% of the homes, per phase, for Type A lots;  Age-restricted language has been added per a recommendation of the Town Attorney; and  Staff has added an appeal process to Town Council for instances of discrepancy between the building plans and the conformance to the conceptual elevations. 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 Planned Development-65- Single Family and Planned Development-48- Commercial Corridor Undeveloped US 380 District Prosper is a place where everyone matters. PLANNING Item 9 Page 2 of 5 Zoning Current Land Use Future Land Use Plan North Planned Development-14 Business Park and Planned Development-65- Single Family Single Family (Parks at Legacy Subdivision) and Undeveloped Medium Density Residential and Tollway District East Planned Development-47- Commercial Corridor Undeveloped Tollway District South Agricultural, Planned Development-65- Commercial, Planned Development-43 Commercial Corridor, and Specific Use Permit-9 Undeveloped US 380 District West Agricultural and Planned Development-48- Commercial Corridor Undeveloped US 380 District PD-65 currently provides for three (3) lot types – “Type A,” “Type B,” and Type C.”  Type A lots require a minimum lot size of 6,600 square feet and a minimum dwelling area of 2,200 square feet.  Type B lots require a minimum lot size of 7,800 square feet and a minimum dwelling area of 2,500 square feet.  Type C lots require a minimum lot size of 8,400 square feet and a minimum dwelling area of 2,200 square feet. The purpose of the proposed PD amendment is to allow for an age-restricted, senior living single family detached development with smaller homes in Tract 3R, and to allow for an increase in Type A lots between Tracts 3R and 4R, due to the addition of 7.5 acres of land to Tract 3. (It should be noted that the addition of land to Tract 3, results in the ‘Tract 3R’ term.) Development of the property is proposed in accordance with Exhibit C (development standards), Exhibit D (conceptual layout plan), and Exhibit F (conceptual architectural elevations). 1. Development Standards: A. Dwelling Area – The proposed PD allows for a decrease in the dwelling area of homes only for age-restricted single family detached units. Type A lots would be permitted to accommodate homes with a minimum of 1,600 square feet of dwelling area, as opposed to the required minimum 2,200 square foot homes for non-age restricted units. Type B lots would be permitted to accommodate homes with a minimum of 1,800 square feet, as opposed to 2,500 square feet for non age-restricted units. As state above, the applicant has revised the request to limit the dwelling area of Type A lots, per phase, to 1,600 – 1,800 square feet to 20% of the homes. Item 9 Page 3 of 5 B. Architectural Design – The proposed PD amendment does not require swing-in driveways and/or side facing garages for age-restricted single family detached units, as currently required. Due to the size of the lots, and to prevent the domination of the front facing garages to the street, the applicant has proposed a requirement that the face of garage doors to be recessed a minimum of one foot behind the front of the main front façade of homes. The applicant is proposing the use of cementitious fiber siding as a primary building material, as follows:  For a maximum of 60% of units per phase;  On a maximum of 45% of front façades;  On a maximum of 10% of side façades; and  Shall not be permitted on rear facades. The applicant has indicated the use of this material is to allow for architectural flexibility that compliments the proposed style of the age-restricted housing. In addition, the applicant has proposed to incorporate front porches, a minimum of seven feet in depth, for 30% of the homes developed within per phase. The applicant has prepared an Elevation Percentage Exhibit (Attachment 4) to demonstrate the typical use of cementitious fiber board. In the exhibit, the use of the fiber board is under 40%; however, the architect is currently working on additional elevations which will utilize cementitious fiber board on less than 45% of the front elevation. C. Lot Regulations – The current PD requires Type A lots to be a minimum of 6,600 square feet and Type B lots to be a minimum of 7,800 square feet. The current PD allows for 280 Type A lots for Tract 3 (exclusive of the additional 7.5 acres of land) and Tract 4R. With the inclusion of 7.5 acres in Tract 3, the applicant is proposing to allow for an additional 35 total Type A lots between Tracts 3R and 4R to account for the added acreage. In addition, the proposed PD allows for a maximum of 150 Type A lots within Tract 3, and the applicant is proposing to allow an additional 25 Type A lots within Tract 3R due to the added acreage. 2. Conceptual Layout: An age-restricted single family detached development would be required to be developed in general conformance to Exhibit D. The Town’s Engineering Department has expressed concerns with traffic calming on the proposed conceptual layout. Since the interior street network and block configuration are for illustration purposes at the zoning level, at the time of platting, an age-restricted subdivision is required to meet all Town standards pertaining to traffic calming to promote a safe street design. 3. Conceptual Elevations: Age-restricted single family detached units would be required to be developed in general conformance to Exhibit F. As noted above in Section 1, B. the applicant revised the conceptual elevations following the recommendation by the Planning & Zoning Commission. The elevations acted on by the Planning & Zoning Commission have been included for reference. As is stated above the request has been revised to add an appeal process to Town Council for instances when staff has interpreted building plans to not be in conformance with the conceptual elevations. Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property; the proposed amendment conforms to the Future Land Use Plan. Item 9 Page 4 of 5 Thoroughfare Plan – The property has direct access to existing Legacy Drive, an ultimate six- lane divided thoroughfare, as well as existing and future Prairie Drive, an ultimate four-lane divided thoroughfare, and future Mahard Parkway, an ultimate four-lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended to the property. Access – A portion of the property has access to the property is provided from existing Legacy Drive and Prairie Drive, and a portion of the property has access to future Prairie Drive and future Mahard Parkway. Adequate access is provided to the property. Schools – This property is served by the Prosper Independent School District. It is not anticipated that a school site will be needed on this property. 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. Town staff has not received any Public Hearing Notice Reply Forms. Attached Documents: 1. Surrounding Zoning Map 2. Proposed Exhibits A, B, C, D, E, and F 3. Previously Proposed Elevations to the P&Z Commission 4. Elevation Percentage Exhibit Planning & Zoning Commission Recommendation: At their June 21, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0, subject to: 1. Conformance to all applicable zoning, design standard, and fencing regulations; 2. The proposed amendments being expressly for a senior living development, restricted to 55 years of age and older; and 3. Requiring a minimum of 50% of age-restricted houses, per phase, to consist of a minimum 80% / 20%, brick / stone composition on all elevations facing public right-of-way. Town Staff Recommendation: Town staff recommends the Town Council approve the request to rezone a portion of Planned Development-65 (PD-65) and a portion of Planned Development-48 (PD-48), on 198.4± acres, located on the southeast and southwest corners of existing and future Prairie Drive and Legacy Drive, to allow for the development of a single family detached senior living development and to modify lot type requirements. Item 9 Page 5 of 5 Proposed Motion: I move to approve the request to rezone a portion of Planned Development-65 (PD-65) and a portion of Planned Development-48 (PD-48), on 198.4± acres, located on the southeast and southwest corners of existing and future Prairie Drive and Legacy Drive, to allow for the development of a single family detached senior living development and to modify lot type requirements. Item 9 Z16-0011 UNIVERSITY DR LEG A C Y D R FISHTRAP RD PRAIRIE DR CR 2 6 RENMUIR DR CLEARWATER DR BOTTLEBR U S H D R SPEA R G R A S S L N EL M P A R K D R CANNON DR WA L W O R T H D R MA H A R D P K W Y GR O V E V A L E D R WINECUP RD CANARY GR A S S L N EASTMINSTER DR LA V E N D E R D R OR C H A R D D R CH A U C E R D R LEG A C Y D R PRAIRIE DR CR 2 6 SFPD-65 BPPD-14 CPD-65 CCPD-48 CPD-48 SF-10PD-71 CCPD-43 CCPD-47 SF BP C C A C A CC CC CC SF-10 CC A CC SF SF-15 0 425 850212.5 Feet ± Item 9 PROSPER PARTNERS, LP NO. 20080303000247320 O.P.R.C.C.T. . TRACT 3R (SECTION 1) GROSS 4,743,976.7 SF (108.9 Ac) NET 4,499,298.7 SF (103.3 Ac) ∆ ∆ COMMUNITY PARK TRACT 4R GROSS 3,574,568.5 SF (82.1 Ac) NET 3,307,664.9 SF (75.9 Ac) TRACT 1 GROSS 2,384,414.8 SF (54.7 Ac) NET 2,138,601.1 SF (49.1 Ac) TRACT 2 GROSS 2,985,699.2 SF (68.5 Ac) NET 2,668,992.7 SF (61.3 Ac) ∆ ∆ ∆ ∆ TRACT 3R (SECTION 2) GROSS/NET 326,472.7 SF (7.49 Ac) P.O.B. LEGACY DRIVE P RA IR IE D RI VE P RA IR IE D RI VE Pr o s p e r C e n t e r TO W N O F P R O S P E R DE N T O N A N D C O L L I N C O U N T Y , T E X A S Prosper Center 198.40 ACRES COLLIN COUNTY SCHOOL LAND SUREY ABSTRACT No. 581 L. NETHERLY SURVEY ABSTRACT No.962 TOWN OF PROSPER, TEXAS JUNE 2016 CURRENT PROPERTY OWNER: Prosper Partners, LP 10950 Research Road Frisco, TX 75033 P 214.387.3993 F 214.387.3913 E crichardson@txlandresources.com APPLICANT: Greater Land Resources Contact: Clint Richardson 10950 Research Road Frisco, TX 75033 P 214.387.3993 F 214.387.3913 E crichardson@txlandresources.com SURVEYOR: Michael Marx, R.P.L.S. Kimley-Horn and Associates 5750 Genesis Court Frisco, TX 75034 P 972.335.3580 F 972.335.3779 AMENDMENT TO PD-65 Z16-0011 © 01 N.T.S. LOCATION MAP LEGAL DESCRIPTION 198.399 ACRES BEING a tract of land situated in the L. Netherly Survey, Abstract No. 962, Denton County, Texas, and in the Collin County School Land Survey, Abstract No. 147, Collin County, City of Prosper, Texas, and being a portion of the remainder of a called 356.537 acre tract of land described in a deed to Prosper Partners, LP, as recorded in County Clerk's File No. 2008-22064 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), same being a portion of a called 162.722 acre tract of land described in a deed to Two-J Partners, LLLP, as recorded in County Clerk's File No. 2008-50523, R.P.R.D.C.T., and a portion of the remainder of a called 121.281 acre tract of land described in a deed to Prosper Partners, LP, as recorded in Instrument No. 20080303000247320 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the southerly southwest corner of said 162.722 acre tract, common to an interior corner of a called 816 acre tract of land described in a deed to Bert Fields, Jr., as recorded in Volume 523, Page 687 of the Deed Records of Denton County, Texas (D.R.D.C.T.); THENCE North 00°41'27" East, along the westerly line of said 162.722 acre tract and the easterly line of said 816 acre tract, a distance of 685.33 feet to a 5/8 inch iron rod found for the northerly northeast corner of said 816 acre tract, common to an interior corner of said 162.722 acre tract; THENCE North 89°58'51" East, crossing said 162.722 acre tract, a distance of 475.31 feet to a point for corner on the easterly line of said 162.722 acre tract and the westerly line of aforesaid 356.537 acre tract; THENCE North 00°20'46" East, along the easterly line of said 162.722 acre tract and the westerly line of said 356.537 acre tract, a distance of 1219.72 feet to a point for corner; THENCE departing the easterly line of said 162.722 acre tract and the westerly line of said 356.537 acre tract, and crossing said 356.537 acre tract, the following courses: North 88°24'25" East, a distance of 1871.62 feet to a point at the beginning of a tangent curve to the right having a central angle of 42°11'50", a radius of 1,331.86 feet, a chord bearing and distance of South 70°29'41" East, 958.87 feet; In a southeasterly direction, with said curve to the right, an arc distance of 980.89 feet to a point for corner at the end of said curve; South 49°23'46" East, a distance of 375.06 feet to a point at the beginning of a tangent curve to the left having a central angle of 59°14'35”, a radius of 1,100.00 feet, a chord bearing and distance of South 79°01'03” East, 1,087.39 feet; In a southeasterly direction, with said curve to the left, an arc distance of 1137.38 feet to a point for corner; North 71°21'39" East, passing en route the easterly line of said 356.537 acre tract and the westerly line of said 121.281 acre tract, and continuing along the same course and crossing said 121.281 acre tract, a distance of 1293.71 feet to a point at the beginning of a tangent curve to the right having a central angle of 18°57'45", a radius of 1100.00 feet, a chord bearing and distance of North 80°50'32" East, 362.39 feet; THENCE in a northeasterly direction and continuing across said 121.281 acre tract, with said curve to the right, an arc distance of 364.05 feet to a point for corner at the end of said curve; THENCE South 89°40'36" East, continuing across said 121.281 acre tract, a distance of 540.21 feet to a point for corner on the easterly line of said 121.281 acre tract and the westerly line of a called 55.50 acre tract of land described in a deed to 110 Prosper Property, LP, as recorded in Instrument No. 20091218001516510, O.P.R.C.C.T.; THENCE South 00°26'47" West, along the easterly line of said 121.281 acre tract, the westerly line of said 55.50 acre tract, and the westerly line of a called 30.000 acre tract of land described in a deed to MSW Proper 380, LP, as recorded in Instrument No. 20130114000054790, O.P.R.C.C.T., a distance of 935.00 feet to a point for the northeast corner of a called 30.105 acre tract of land described in a deed to NWC Lovers/380, LLC, as recorded in Instrument No. 20140108000020390, O.P.R.C.C.T.; THENCE North 89°40'36" West, departing the westerly line of said 30.000 acre tract and along the northerly line of said 30.105 acre tract, a distance of 1,349.82 feet to a point for the northwest corner of said 30.105 acre tract; THENCE South 00°02'42" East, along the westerly line of said 30.105 acre tract, a distance of 538.88 feet to a point for the northeast corner of a called 35.554 acre tract of land described in a deed to Legacy Hwy 380, LP, as recorded in Instrument No. 20140404000325110, O.P.R.C.C.T.; THENCE South 89°57'18" West, departing the westerly line of said 30.105 acre tract and along the northerly line of said 35.554 acre tract, a distance of 558.87 feet to a point for corner; THENCE South 89°36'57" West, continuing along the northerly line of said 35.554 acre tract, a distance of 112.15 feet to a point for corner; THENCE South 89°04'32" West, continuing along the northerly line of said 35.554 acre tract, passing en route the westerly line of aforesaid 121.281 acre tract and the easterly line of aforesaid 356.537 acre tract, and continuing along the same course, for a total distance of 170.35 feet to a point for corner; THENCE South 88°36'54" West, continuing along the northerly line of said 35.554 acre tract, a distance of 933.91 feet to a point for an interior corner of said 35.554 acre tract; THENCE North 00°02'42" West, along the easterly line of said 35.554 acre tract, a distance of 434.88 feet to a point for an exterior corner of said 35.554 acre tract; THENCE South 89°57'18" West, along the northerly line of said 35.554 acre tract, passing en route the northwest corner of said 35.554 acre tract, and continuing along the same course and crossing said 356.537 acre tract, for a total distance of 861.37 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 21°41'12", a radius of 1400.00 feet, a chord bearing and distance of South 9°29'44" West, 526.75 feet; THENCE in a southwesterly direction and continuing across said 356.537 acre tract, with said curve to the left, an arc distance of 529.90 feet to a point for corner at the end of said curve; THENCE South 01°20'52" East, continuing across said 356.537 acre tract, a distance of 54.42 feet to a point for corner on the southerly line of said 356.537 acre tract and the northerly line of aforesaid 816 acre tract, from which a 3 inch iron pipe found for the southerly northeast corner of said 816 acre tract bears North 89°30'27” East, 0.45 feet; THENCE South 89°30'27" West, along the southerly line of said 356.537 acre tract and the northerly line of said 816 acre tract, a distance of 2,183.60 feet to a 5/8 inch iron rod found for the southwest corner of said 356.537 acre tract, common to the southeast corner of aforesaid 162.722 acre tract; THENCE South 89°41'12" West, along the southerly line of said 162.722 acre tract and continuing along the northerly line of said 816 acre tract, a distance of 479.25 feet to the POINT OF BEGINNING and containing 198.399 acres (8,642,248 square feet) of land, more or less. 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" LINE TYPE LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE WATER LINE SANITARY SEWER LINE STORM SEWER LINE UNDERGROUND GAS LINE OVERHEAD UTILITY LINE UNDERGROUND ELECTRIC LINE UNDERGROUND TELEPHONE LINE FENCE CONCRETE PAVEMENT ASPHALT PAVEMENT UGT UGE W SS GAS OHP NOTE: 1. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. GRAPHIC SCALE IN FEET 0300 150 300 600 1"=300' @ 24X36 Item 9 1 Z16-0011 EXHIBIT “B” PROSPER CENTER PLANNED DEVELOPMENT DISTRICT STATEMENT OF INTENT AND PURPOSE This Planned Development District amendment requests additional development standards to facilitate the development of age-restricted detached single family units focused on senior living within Tract 3R of the development, increasing the land area within Tract 3R, and an allowance of additional Type A lots within Tract 3R and Tract 4R. The requested age restricted specific regulations will allow for development of a community that provides quality living options for multiple life stages. Item 9 Z16-0011 EXHIBIT “C” DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the property shall be developed in accordance with the regulations of Planned Development-65 (Ordinance No. 14-23), the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20), and the Subdivision Ordinance (Ordinance No. 03-05), as they exist or may be amended. Tract 3R – Age -Restricted Single Family Detached Provisions A. Provided Tract 3R develops as an age-restricted single family detached development, the following provisions shall apply. If any portion of Tract 3R does not develop as an age-restricted single family detached development, the regulations set forth in Planned Development-65 (Ordinance No. 14-23) shall apply. B. Age-Restricted Development 1. Such age restriction shall be contained in deed restrictions for the property, subject to the approval of the Town Attorney, consistent with the federal Fair Housing Act of 1968, as amended, and the Town shall have no enforcement obligations relative to said age restriction. Any amendment to the deed restrictions must be approved in writing by the Town Attorney and further, no amendment shall remove, modify or otherwise alter the foregoing enforcement obligations. 2. Tract 3R shall develop in no more than 3 phases and any age restrictions shall be imposed by deed restriction on no less than phase-by-phase development of Tract 3R. C. Development Plans 1. Conceptual Layout: Age-restricted single family detached development within Tract 3R shall be in general accordance with the attached conceptual layout, set forth in Exhibit D. 2. Conceptual Elevations: Age-restricted single family detached units within Tract 3R shall be in general conformance to the attached elevations, set forth in Exhibit F. a. Determination of conformance to conceptual elevations is subject to Town staff interpretation. Appeal of such interpretations shall be made to Town Council for final review and determination. D. Regulations 1. Age-Restricted Single Family Detached Area and Building Regulations: a. Type A Lot Regulations: i. A maximum of 20% of age-restricted single family detached units per phase shall be less than 1,800 square feet, and a minimum of 1,600 square feet. b. Type B Lot Regulations: i. Age-restricted single family detached units shall be a minimum of 1,800 square feet. c. Garage Regulations: i. Age-restricted single family detached units shall not be required to have swing -in driveways and/or side facing garages. Item 9 ii. The face of the garage doors shall not extend in front of the main front façade of the home. d. Architectural Regulations: i. Cementitious Fiber Siding, shall be permitted as a primary building material, as follows: A. For a maximum of 60% of units per phase. B. On a maximum of 45% of front façades. C. On a maximum of 10% of side façades. D. Shall not be permitted on rear facades. e. Porches: i. Front porches, a minimum of seven feet in depth, shall be required for 30% of homes per phase. Tracts 3R and 4R A. Regulations 1. Type A Lot Regulations: a. A maximum of 315 total Type A units shall be allowed within Tract 3R and Tract 4R. The maximum allowed Type A units within Tract 3R shall be 175 units. The remainder available Type A units, up to a 280 maximum total, shall be allowed within Tract 4R. Item 9 Item 9 2 Z16-0011 EXHIBIT “E” PROSPER CENTER PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE It is anticipated that the development of the age restricted single family portion of Prosper Center will begin within 1 to 10 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. Progress of development improvements will primarily depend on time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. Item 9 EXHIBIT “F” Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Page 1 of 4 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone 1.7± acres from Office (O) and Retail (R) to Planned Development-Retail (PD-R), located on the west side of Hays Road, 2,600± feet north of First Street. (Z16-0020). History: At the October 11, 2016, meeting, this item was tabled, since the applicant was not present to answer questions from the Council. 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 Office and Retail Undeveloped Retail and Neighborhood Services North Office and Retail Convenience Store (Texaco) and Tree Farm (Tree Source, Inc.) Retail and Neighborhood Services East Agricultural/Planned Development-58 Self-Storage (High Point Self Storage, Inc.) and Office (Allstate Insurance) Low Density Residential South Single Family-15 Single Family Residential Retail and Neighborhood Services West Office and Single Family-15 Convenience Store (Texaco) and Undeveloped Retail and Neighborhood Services and Medium Density Residential Prosper is a place where everyone matters. PLANNING Item 10 Page 2 of 4 Requested Zoning –The Zoning Ordinance permits a Child Day Care in all zoning districts except Industrial upon approval of a Specific Use Permit (SUP) by Town Council. A development under a SUP is required to meet all standards of the Town’s Zoning Ordinance. The applicant is requesting to deviate from the Zoning Ordinance’s outdoor play space requirement, as outlined below; therefore, approval of a Planned Development (PD) is required to deviate from the minimum development standards. The proposed PD would allow for development a specific day care building, which will be a 1-story building, totaling 11,120 square feet and will be constructed in a single phase. The facility will accommodate 216 children. The PD exhibits are described below:  Exhibit A – Boundary survey of the property. The applicant has acquired property from the adjacent Texaco to allow the proposed development to have access to Preston Road and to meet minimum development standards.  Exhibit B – Statement of intent and purpose.  Exhibit C – Development standards, which requires development in accordance with the Retail District, with the exception that Child Day Care is a permitted use by right, and that development shall conform to the attached layout, architectural, landscape and outdoor play space exhibits.  Exhibit D – Conceptual layout, which depicts the location of the building, setbacks, access, parking, detention and outdoor play space for the day care. Access will be provided from Preston Road and Hays Road. Parking has been provided in accordance with the Child Day Care ratio set forth in the Town’s Zoning Ordinance. The general circulation pattern is designated for traffic to enter from Preston Road. The applicant has indicated parents will be required to park in the designated parking spaces and walk the children into the classrooms. The Town Engineer has concerns with potential cut-through traffic. At the time of final site plan, the applicant will be required to provide traffic calming devices, as shown on Exhibit D, which may include but are not limited to pavement treatments, visual deterrents, etc. subject to approval by the Town’s Engineering and Fire Departments.  Exhibit E – Development schedule.  Exhibit F – Architectural renderings, which depict the style and material of the proposed building. The building will consist primarily of brick and stone construction. The elevations meet the minimum standards of the Town’s Zoning Ordinance.  Exhibit G – Conceptual landscape plan, which depicts the location of required landscaping. The landscaping meets the minimum standards of the Town’s Zoning Ordinance.  Exhibit H – Outdoor play space plan, which depicts the area of outdoor play space. The Zoning Ordinance requires a Child Day Care to provide outdoor play space at a ratio of 65 square feet per child based on the maximum licensed capacity of the facility, and does not allow the play space to have a dimension of less than 30 feet. The applicant is proposing to provide the outdoor play space to meet the standards of the Zoning Ordinance, but is requesting a reduction to the dimension of less than 30 feet requirement. The applicant is required to provide 14,040 square feet of outdoor play space to meet the 65 square feet of outdoor play space per child requirement. The applicant has provided 15,302 Item 10 Page 3 of 4 square feet of outdoor play space. Specifically, the applicant is proposing 11,513 square feet of play space with dimensions greater than 30 feet and 3,789 square feet of play space with dimensions less than 30 feet. Of the 3,789 square feet of play space with dimensions less than 30 feet, the narrowest dimension is 20 feet. Staff feels that adequate play space has been provided meeting the standards of the Town’s Zoning Ordinance and that the request is reasonable. It should be noted that staff has researched Zoning Ordinances of Prosper’s ten comparable cities and determined of those cities the City of Frisco is the only other city which regulates the outdoor play space associated with a Child Day Care and does not fall back to the state’s regulations. Future Land Use Plan – The Future Land Use Plan recommends Retail and Neighborhood Services for the property. The rezoning request conforms to the Future Land Use Plan. Thoroughfare Plan – The property has direct access to Preston Road, an existing six-lane divided major thoroughfare, and Hays Road, which is depicted on the Thoroughfare Plan as a future two-lane undivided, commercial collector. Exhibit A reflects right-of-way dedication necessary for Hays Road, in accordance with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary sewer service will need to be extended to the site prior to or in conjunction with development. Access – Access to the property will be provided from Preston Road and Hays Road. Schools – This property is served by the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. In conjunction with providing notification, staff notified surrounding property owners that approval of the Planned Development could impact their ability to obtain or renew permits for alcohol sales. To date, Town staff has not received any Public Hearing Notice Reply Forms. Attached Documents: 1. Zoning map of the surrounding area 2. Proposed PD Exhibits A, B, C, D, E, F, G and H Planning & Zoning Commission Recommendation: At their September 20, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Item 10 Page 4 of 4 Subsequent to the Planning & Zoning Commission meeting, the applicant revised Exhibit D to change the fencing material along the northern and western property lines (the change is noted in “red”). The request is to use a six-foot wood fence in lieu of the previously-noted open fencing. They indicated that the change has been made due to safety and privacy concerns discussed during the Planning & Zoning Commission meeting. Town Staff Recommendation: Town staff recommends the Town Council approve the request to rezone 1.7± acres from Office (O) and Retail (R) to Planned Development-Retail (PD-R), located on the west side of Hays Road, 2,600± feet north of First Street. Proposed Motion: I move to approve the request to rezone 1.7± acres from Office (O) and Retail (R) to Planned Development-Retail (PD-R), located on the west side of Hays Road, 2,600± feet north of First Street. Item 10 Z16-0020 HA Y S R D PR E S T O N R D PASEWARK CIR HIGHPOINT DR HICKORY CREEK DR CR E E K V I E W D R STONE C R E E K D R PR E S T O N R D OPD-58 A SF-15 A R O SF-15 SF-10 SF-15 C R R R O A SF-15 SF-15 SF-15 R SF-15 SF-15 O 0 100 20050 Feet ± Item 10 Item 10 -Exhibit B- Childrens Lighthouse Statement of Intent and Purpose The applicant intends to develop a child day care center. The proposed child day care center is currently planned to be approximately 11,120 square feet. A modification to the play space regulations of the Town’s Zoning Ordinance allows for the proposal of 15,302 square feet of outdoor play space. Item 10 -Exhibit C- Planned Development Standards Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision Ordinance (as it exists or may be amended) shall apply. A.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it exists or may be amended. A.2 Development Plans 1. Concept Plan: Development shall be in conformance with the attached concept plan, set forth in Exhibit D. 2. Elevations: Development shall be in conformance with the attached elevations, set forth in Exhibit F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan, set forth in Exhibit G. 4. Outdoor Play Space: Development shall be in conformance with the attached outdoor play space exhibit, set forth in Exhibit H. A.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception that only the following uses shall be permitted by right: 1. Child Day Care Center. A.4 Regulations 1. The outdoor play space shall be permitted to have dimensions less than thirty (30) feet, as shown in Exhibit H. Item 10 I I ,I I I I I I . ' I I I ' I. . I I I I I. I . . I I I I I I. . I . I I. I I I. I . I I. I. I I. I I . I I I. . I . I i. .. -·. -.. -.. -. ·--· -·--. ·-.. -·. --· -·--.. -.. -. --.. -. --·. -.. --. --· -. --. --.. ----. ·--· -·. --· ----. ·-.. -,; . DAN CHRISTIE ANO KATHY CHRISTIE DOCUMENT NO . 20060510000630300, O.P.R.C.C.T. l .l'R�E"IT ZONING SF-i5 Sf!',GLE l'A\111.YC:Clrn.ENT LAND '..)SJ::(lHl(f' BULDING f'l/TLRI' L\"'iOliSF Rr""AIL AND .'.;EJGJ IBORHOO!J SLRVILES I'-.. -------.. --. -------.. -.. -------------------• ·-.. --: / -----··-· . ---·--··-··-··--·-··-··-··-··-··-·· I I ,--... . I ...... I I / I. . I I / 7 R Tunney surv ey n eY surv eYJohn R. TuntNo 916 . . I . / John · -,..1 9\ 6 I I Abstract i.,..o. / I ,., I ! I � / CURREYi zo,ING 1.'1 R -RETAIL , / :/!:' I C!IRRf.NTT.AN01:SF / ti CO'\IVE'.'i"JE'iCE STORE , I � I I I -1 /i / Ill / i' I � I I I f I I II:I I I I ;'--.........I I I '--... Abstrac (lJRRf".'-lT ZOXJJ'.iG0 -OfflCI:' CLRRENf LA�D csr:V,\C/\"-T REQUESTED ZONING LTMTT 6' WOOOf.N f •NC,6 f'fNGt AROUNO F'l.,.AYbROUNOW/ KNOX i,oxe.5 ON 6>Afll5 ON Wf.5f ANO NORfH 5 1015I I I '· ! / I I I NTERf1'Low doMMONS. LLC ............ 1 tXl5flN6> DOCUMllNT NO. BF-GBT NORTH PRESTON VILLAGE LP C/0 BRETT BRANTLEY DOCUMENT NO. 20160801000995680, O.P.R.C.C. T. LINE LEGEND: -.. -... PROPERTY LI NEDRAINAGE FLOW �� PROPOSED WATER LINE-----ROAD CENTER LINE - · PROPOSED STORM SEWERPROPOSED STREET -010--EXISTING CONTOUR LINE--610-- PROPOSED CONTOUR LINE---BUILD ING SETBACK LINE---DRAI NAGE EASEMENT - - • ORA I NAGE O IV I OE L I NE �� ROW I LOT LINE w� EX ISTING WATER FAUCETEXISTING FENCE t� EX IST I NG POWER POLE ••••• EX ISTING PAVEMENT � PROPOSED FIRE HYDRANTa PROPOSED WATER METER •• • • • PROPOSED SEWER CURRENT ZON!NG RETAIL CURRENT LANTI USErRFR FARM �U I URI:: LAND CSE: RETAILAND NEIGHBORHOOD SERVTCFS III I I I I I IIIIIIIII II I I I I I -----I I -----------�QUF'.STE�ZONI NG LIMI T : : -f--1----S 8 6 A52'02"E 360 .28 '-----------i +-�I I I s· l.,.ANos'cA r:>i 5 ;r i,A c;r. --_ _ _ _ _ Pii::oPos,o I ------�-'IAJ&.. _ ----. -o"""ttOt:16-1-K � __ i ------------1-�-�I.,. f'f.NG• AROUNO Pl.,.AY(,"OUNO :----__,..._ ----" 117'" 4\m,l(-tl'1Jtf.6. .0.N.. �A f IS 5 ><:;-----�c-,-;---;;;r.;--;;--� CJI ON 5 0UfH ANO f.ASf 5(,n?,-, ·-------- : I .- I I "' ....... ,_ -I -I II• I 600 HAYS ROAD LLCDOCUMENT NO. 20150914001163560, O.P.R.C.C.T. CURRENT ZONING"PD-58 PL.\N'NI:D D[V[1,0P\1£:'-lT BASED 0� OFFICE CURRENT LAND USE EXISTING MANU,'A CTURJNG FUTURE LAND USEWWDENSl!Y RESIDENTIAL 0 "U � � P .. ospe,. r .. ,,.1 J 1st. St.r"eet. DALLAS MAPSCO 256M VICINITY MAP NOT TO SCALE N 10 20 30 60 90 ---- - - I I I ,,,' ---/· -. ..'-J /e,oN���k:N(,t.20J50 l l ¥)0003894 0, ( / O.P.7.C.C. T. I I I I I .. > ' " �- -· •I :!-. -+-. -.;. -· ----. --· --.. -·. ----··-. ---. -· -----. , -.. ---- SCALE IN rEET SCALE: 1 • = 30' I :I-, ' I f I • I I I ,l---'1.,.""5S..,-.. I )6, ii' I I I I I tr-.J I I I : I I I : I I I : I '--..., I ............ , I I .J,,"�"'OAY(,ARf. f'A(,11.,.lfY 5 1 N6>1.,.f 5 f01i::Y I \ . ACCESS, UTILITIES/ AND SIGN EASEMENl7 OGCUMENT NO .i 2010092900104'3�80,O.P.R.c.c;T:. I I I I 20 51' I I 'I I I I I' I'' I I I I I r·-f·-----·· -··-··-··-··-·· ... --·---'..._ ' , • I , I I., jl' ,,.... ...;, . I --.• - I .' I • ,...,#-- .. _ I .I ------' .--� ·' I. . I I r fr;:: I I I f / 1 1 / §4/ /0 I I I I "1-: • - -J 1-. -"2. . ,· : ,' A t'J! '"' . --N-89�-2'00"E . !. . • ' ' 'Oo !.::-i-""""'.i +--' !!l. - --1 --------�-_...._._.,...,....._. ' . I !I ·' ,' ,'O\· c:$.i-•• -I -.�-=--------·-·---------· · EX S / /§4 (',� I L /o / / :---,.--�.:....--------- � �-,' t_:::: ___ ""'-1.1' I / I E!.=-t:::-=!-=-=-=-i'::::.-=:f-=0=--=-=rfJ•" 1.,.J;NO;?;"UC"?,l"f�iiC!(-== -======--===========--=- '�--_______ . ______ ,�'f::l-___ . ___ /. -· ·-·· _ .v_ .. .L •• -··-. ·-•• -·. -·· _ ··-·. _ •• -· ·-•• -··-••••• -· •••• -··-· ·-•• -··-· ·-•• -· ·-·· -• ·-·-•• -· • -·· -•• -· ·-·· -··-• ·-•• ·-·· -•• -· • -·· -s·s9°2·2,oc1,iwr· ·-·· 788.89' ,,� .' / 15' 5ANlfM(Y 5tSW!Sli:: tS5Mf Pli::OP05f.O l'H I ,' £;;! .' I I I "'--, I I ,' !I,' ; I I ,,/� ..... 1_.;;;2.;,.o_· ..:.5_A _N _l _f _Ali::_Y_s_e_w_,_i;::_ri.;,.5 _M_f / I I I / I / I / I / I / I GENERAL SITE PLAN NOTES WATER TYPE DOMESTIC IR RIG ATIO N METER SCHEDULE SIZE NUMBER SANITMIY REMMIKS SEWER 1" 1 -PROPOSED 6" , ..1 -PROPOSED NA ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL ANO WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TOAVOID CONFLICTS BETWEEN PLANS. I. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE.2. OPEN STORAGE. WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING ANO GLARE STANOAROS CONTAINED WITH THE ZONINGORDINANCE ANO SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL SE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTIONMEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED ANO CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.B. TWO POINTS OF ACCESS SHALL BE MAINTAINED BOR THE PROPERTY AT ALL TIMES. 'l. SPEED SUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS ANO BUILOING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIESACT <ADA> AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11, ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES ANO RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN ANO ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR 8UILOLING MATERIALS ARE SUBJECT TO BUILDING OFFICiAL APPROVAL AND SHALL CONFORM TO THE APPROVEDFACADE PL AN, ---D CURREN] lONNG sr 1� CURREl\T LA '\fD CSE SINGLE ?A.MIT,Y RE5JOF'\/CF FUTdRE LAND LSE: RETAIL AND l\EIGHBORHODD SERVICES BLUE VOL. STAR LAND, L.P.4421, PG. 1264, O.R.C.C. T. Cl RADIUS=30.00' ARC LENGTH=25 .79'DEL TA=49"1 4'46' CHRD. BRNG.=S66%2 4'18"ECHORD=25.00' C2 RADIUS=!00.00' ARC LENGTH=3 6.83'DEL TA =21'0 6'10" CHRD. 8RNG.=S5 2 %20'00"ECHORD=3 6.62' �-• Q \ 2'.1' f' t�e.1,.1,1,t,, <AGtf55 ANO Ufl 1.,.jfV fA.�t..Mf.Nf MAINft.NANG• li::AMP PARA1.,.1.,.t,1.,. 5 PA(,t.5Mt!,A5 Uli::f. 0' X22' fYP I GAi,. fli::Al'I' I(, (,Al.,.M I N6>O!IVIGf. -fYP NO 5P6t0 0UMP55ft NOfll 21 Ii' WI 06 X 15' Oe.e.P INft.RNA I.,. 5 1N6>1.,.II OUMP5 f•ii:: 1.,.0GAflON W/ 0' MA5 0N�Y 5 C,Rt.tNIN6> WAl.,.1.,. fO MAfGH 0Ull.,.OIN6> l'A(,AOt. W/ MtfAI.,. (:,Aff.5 ANO 50' 5 e,i;::v1ce. 1.,.ANt D BLOCK A, LOT 1 -CHIL D REN'S LIGH TH OUSE PROSPER ADDITION 1. ZONINC; EXISTING! R -RETAIL2, PROPOSED USE: DAY CARE 3, PROPER TY AREA: 66,428 sr -1,53 ACRES (1,66 ACRES GROSSI4, BUILDING AREA: 11,120 SF 5, BUILDING HEI GH T: 1 -STORY -33' 6, LOT COVERAGE: 16, 7" f.A.R. = .17:1 7, PARKING REOUIREO: 1 SPACE/10 STUDENTS <216 STU DENTS! • 22 SPACES+ 1 SPACE/TEACHER t 15 TEAC HERS l = 15 SPACESTOTAL = 37 SPACESHANDICAP REQUIRED 1 AC CESSIB LE/25 SPACE PROVIDED= 2 AC CESSIBLE 8, PARKING PROVIDED: 36 SPACES+ 2 AC CESSIBLE • 38 SPACES 9, INTERIOR LANDSCAPE REQUIRED: 15 Sr /PARKING SPACE = 570 sr INTERIOR LANDSCAPE PROVIDED: 58,370 SF OPEN SPACE REOUIREO -7" TOTAL AREA = 1,650 SF OPEN SPACE PROVIDED= 10,681 Sf 10. TOTAL SOUARE FOOTAGE OF llof'ERVIOU S suR rACE; 34.287 SF11.PLAY AREA REOUIREO = 14.040 sr PLAY AREA PROVIDED• 11,825 sr 14, SIDEWALKS OF NOT LESS THAN SIX C6'l FEET IN WIDTH ALONG THOROUGHFARES ANO COLLECTORS ANO FIVE 15'> IN WIDTHALONG RESIDENTIAL STREETS.ANO BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANOAROS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL SNGINEERING PLANS ARE APPROVED BY THE ENGINEERINGDEPARTMENT, 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. NO PORTION WITHIN THE OF THIS SITE IS LOCATED 100 YEAR FLOODPLAIN AREA 17, ALL NEW ELECTRICAL LINES SHALL BE INSTALLED ANO/OR RELOCATED UNDERGROUND. 18. ALL MECHANINCAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE, l'l. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LANO USE CLASSIFICATION<S> IDENTIFIED ON THE SITE DATA SUMMARY TA8LE;HOWEVER,CHANGES TO THE PROPOSED LANO USE AT THE TIME CO ANO/OR FINISH-OUT PERMIT MAY RESULT IN AOOITIONAL IMPACT FEES ANO/OR PARKING REQUIREMENTS, 20. ALL DIMENSION ARE TO BACK OF CURB 21, TRAFFIC CALMING DEVICS SUBJECT TO STAFF REC. AT TIME OF FINAL SITE PLAN. \EXHIBIT D.DGN 9128/2016 1:46 06 PM i I -I --I -I � I -I I. I -. I �I ! -I Ul.,.flM Aff HAYS li::OAO C,R055 5 JGflON -�7· O·O S00 °45'40"E 155.85' < DEED• S01 •05'53"E • 155.85' l r-1 r------ 1 I ·r-··-··-··------------l--------- 1 LOT 1, BLOCK A EDGEMON ADDITION VOL. P. PG. 378, TOWN M.R.C.C.T. OF PROSPER CASE •216-0020 CURRENT ZONil\G A-AGRICIILTIJRF CURRE};T LA'.'.D use CO?'/SIRUC llON YAl{l) FL'TLRE LAND l..'SE:LOW DENSITY RESIDENTIAL OWNERS:MA REALTY SERVICES, LLC3116 CROSSR IOGE DRIVE MCKINNEY, TEXAS 75071 INTERFLOW COMMONS, LLC 1304 W, WALNUT HILL LANE. STE 212IRVING, TEXAS 75083 ENGI NEER/APPL ICANT: HELMBERGER ASSOC I ATES, INC .1525 BOZMAN ROAD WYL IE, TEXAS 75098 MR. RANDALL T. HELMBERGER, P.E.I 972 l 442-7459 EXHIBIT D CHILDREN'S LIGHTHOUSE LEARNING CENTER 1.7430 ACRES JOHN R. TUNNEY SURVEY.ABSTRACT No.916 COLLIN COUNTY -PROSPER, TEXAS ' TBPE 1111 HELMBERGER ASSOC:tA TES, INC.:fi�-�� CIVIL AND EN VIRONMENT AL EN GINEE RS 1525 80Zll#I IIOAO. WVUE TEXAS 7!!098 (1172> H2•7•59 DESIGN DRAWN HELii. CAOO OAT[ JUI. y 2016 SCALE NOTES l"•JO' EXHl81T D FIi.[ 15•6 NO. C1 PLAY AREA PROVIDED PLAY AREA WITH DIMENSIONS GREATER THAN 30 FEET = 11,513 SF PLAY AREA WITH DIMENSIONS LESS THAN 30 FEET = 3,789 SF TOTAL PLAY AREA PROVIDED = 15,302 SF Item 10 -Exhibit E- Childrens Lighthouse Development Schedule It is anticipated that the construction of Childrens Lighthouse will begin in the winter of 2017, with a completion date of summer 2017. Item 10 Item 10 ' •- ' ' ' ' ' ' ' ' • ' ' ' ' ' ' ' ........... ----.... - ' ' ' ' ' •- ' ' ' - ' ' - ' ' ' ' ' ' -' ' ' ' "' CT) ' ' ' ' ' ' ' ' ' ' -- .,' W -,r , ' ' ' ' ' ' --- ' '' ' ....... --.... --... -.;·...,,_ _____ , ___ ....,._ .,.. � --- --=-... -=---::.--=---=---=--�---��- --- ' ' ' ' ' • ' ' '' ' TREE SPECIES CALIPER PROTECTED TREE # (INCHES'1 (Y/N) 1 HACKBERRY 14 N 2 BOIS DARC 20 N 3 HACKGERRY 30 N 4 HACKBERRY 15 N 5 HACKBERRY 13 N 6 RED c;.:;oAR 7 N ' BOIS DARC 45 N 8 HACKBERRY 18 N 9 HACKBERRY 15 N 10 HACKBERRY 10 N 11 Hf\C KBERRY 28 N 12 WILLOW 14 N 13 WILLOW 18 N 14 HACKBERRY 8 N 15 HP..C KBERRY 56 N 16 HACKBERRY 14 N 17 BOIS JARC 14 N 18 HACKBERRY 22 N 19 BOIS :)ARC ' N 20 H,'I.C KBERRY 14 N 21 HACKBERRY 6.5 N 22 I IACKBERRY 10 N 23 HACKBERRY 5.8 N 24 rlACKBERRY 11 N 25 -IACKBERRY 6 N 26 .-JACK BERRY 7 N 27 HACKBERRY 7 N 28 ELM 5.5 N 20 HACKBERRY 6 N 30 HACKBERRY 22 N 31 '-IACKBERRY 8 N 32 ,--J ACKAFRRY 18 N 33 ---l ACKBERRY 8 N 34 rlACKBERRY 15 N 35 rlACKBERRY 12 N 36 RED BUD 6 N 37 SOAP BERRY 12 '{ 3B SOAP BERRY 6 N 39 HACK�E:RRY 7 N 40 ODIS DARC 18 N 41 HACK AFR RY 16 ' 42 HACKBERRY 22 ' 43 HACKBERRY 9 N 44 HACKBERR'r' 15 ' 45 HACKBERRY 12 ' 46 HAC�BERRY 18 ' \Landscape dgn 7129/2016 9 07 01 AM ' ' ' ' ' ' ' ' ' -----'I 'I '1 "'""' .... "' j1 G;,1 -------------·.•:;;:'' ..... __ 1• \ - - -- -... .. <I 1 I '/ \ !l \ I /, \ \ ,t I l 1 :g,,. j r-..,_,... . .._,._!_ ------......t ' .----.. .._ I \ , 1 1 I --------.., \ I '-, '('-� :: :: : : =-::: _-_--_-_-: -:�::::: �� :: : _-:--=-------------�-�-': _--: �:::::::::::: =�=: :-_-_-_-_-_-_-_-_ -_-_--' ' I --. -•• -----------------------------75 7 , -----::---"'-• -................. __________ ,,,____ ----------------------............-------- -- ____ ,..;.�a---_-_--------765 '----------------------------6-A'· -- BF -GBT --- . -.L _I --)1"£5 ___ _ ! ' I I I I I I I I l I I ·­-\ ' -' -- ------ ' - / ' --' -. ' --. -----,:.---- -' ' ' ' ' ' -' ------ ------- I ' . . ..·, ' ' •,. J __ _ - - --_Jt��----- ' ---- ' ' \ ' --. NORTH PRESTON VILL AGE LP C/0 BRETT BRANTLEY DOCUMENT NO. 16080 1 000qq5590, ,:, . P. R. C, C. T . --- _______ ... ,, , , , ,­, , ' I ---· 756 ' -_-----------, ---' ,,-, �--.. -,,,-,.--r-�----x-,.--_,----....,,.---y---<-.,-"-��\�,---(--.,-�'j-'1 --,--,-,,,-,:;-,:�--c ( ., ' ' ' ' -' \. Aesthetlcs: As an integral pmi oftbe Town of Prosper, fl detention ba::iln nc::ecls to hknd into the landscape ar.d into the corrummlty. Simple y et incxrc:is\ve rne,mues, such as gGntle side sk1pt:s, plantins of trees _3 �lci ( slnubs, am\ other landscaping fearnres .:an tnmsfonn the detention facility " )· i nto an 111trnctive mnetllty for th� neighbmhood \ _ ·� )-�,__. _, _, _A >. • � _;-,_)�_) _____ :., _),,_J._,>�.J --' _.,;.. ___ .,_;,. ---·-A->---�-./ ----7 5 4 , ___ , \ '' '' FL FL 32 " ?4 " ' ' REMOVED CONDITION OF TRFF I --·--(YIN) COM\1ENTS y POOR y FAIR: y GOOD y POOR y POOR y GOOD y CLJS 1 1::::H y POOR y GOOD y POOR y GOOD V FAIR BROK;::N l:MBS y FAIR BROK;.:;N LIMBS y POOR y CLUSTER y GOOD y FAIR y GOOD y GOOD y GOOD y GOOD y GOOD y GOOD y POOR y POOR y POOR y POOR y GOOD y POOR y FAIR y GOOD y '3000 y GOOD y GOOD y FA!R y GOOD y FAIR y GOOD y GOOD y POOR y POOR y POOR y GOOD y POOR y POOR y POUR .----- LA�DSCAP[ NOTES: Grass to be I !ydromu kh Uennudr1 or solid <iOd -1-10 Bermuda. Chc:cl,.: 'k ith the Town of Prosper to determine how to apply turf grass during wctter rcstricti ,�,m All landscape areas are to be watered by a full.'· automatic irrigation system including rain and freeze sensors as pe1· Town of Prosper and TECQ codes. Grass and bed areas are to be ,;;eparatecl h) 1-1-gauge metal edging. Contrartor i,;; to nrif.'' plant material quantities and notify o\\-ncr of any conflicts. lkd prepc1rntion <shall CLrns,st 0f incc1rporating or,c -I cuhic foot hale of spagnum peat nwss and one 3 cubic foot hflg of land:;;capcrs mi, per 75 sq. ft. into rh.: top :;ix inch-:s of existing s11il. All plant materi;i! shall meet American "l\ur:-ci) Standards for hciu:ht and \\idth in each container size. With :he exceptirm of ground cm·er hcds. all rlanr material .�hall be mulc hed with r of cedar mukh (minimum) l:'.Yc"epl W111rfrgre,�n Rornoml, which ,,eeds .r radiu� clearance free of mlllch or soil O\'er surface roots. or �tern rot ma)' occm Trec"i shall have a rom ball of a minimum of l O inches of dimnctcr for euch inch of caliper. Contrnct0r shall be rcc;ponsihk for locating all utilitic:-, and obtaining permits as r?quired by Town of Prosper LANll,C4'Pl'IG REQUIREMENT,: I .111in�cape Perimeter J l11ys l{rnirl: l :'i S.X5 · 1: I-i" c"alirer l:-1rge tree ,-rnd I"-_.;; gallon sh:·uhs rc1· _-:;o linear fol't of ',trcct frontage) l rees Ree:uired l rees I-'rov1ded: Shrubs Require��­ Shrubs P1·0\·irled· North· 315.84' c:;· huffe 1· I "nrnll tree and Small l rees Hequire-;-J · Smal_l I'rees Pro\ ided: Shrub<; Hequire�,· Shrubs; Provided: I-_") gallon sl,ruh per 15 ]!near feet) South: ]2.t 17" (5" huffe-, 1 "mall tree ;m d I-_.;; gallon shrub per 15 lincor feet) Sm.111 Tree;__ Re:;11ired Sm<1 I I Tree� PrO\ 1ded:(lldded 17 to we,·t end drive area; Shrubs Required· Shrubs l'rovidd· West: 178.84' (5. buffe r. ! sm11ll rree cmd I-'i gallon ,;\m1h per 15 linear 1Ccr) Small Tree,; Required Sma1 I rreec; T'rov1rleo· Shrubs Required· Shrubs l'r0\'1ded· P,-1r� 1ng Lot �cre·.:ning: 1-'rovided lnter·im i'arking Lot: -18 <;paces (15 s.f space requir<:'d. �70 s.f hmd�crlping1 6 [ 78 78 21 21 21 21 20 22" 12 12 12 12 Requireci· 570 s.f !'rn\ ickci S 70 5.f. No I ree fi,rther than I �O linear teet fro m u rarking -;pace rrr1\ ided Hu 1ld i11g Landscaping: r,.. .-A ____________ heinc;; a J .and�cspc Architect or Arborist attest that the idr:11t itlcation and si?t� of tree� identified on this survey !lre correct and that all Protected Trees have been shown. Date: TOWN OF PROSPER NOTES MAINTENANCE: The owner. tenant and/or their agen!, if a1y. shall be jointly and severa lly responsible foe 1he maintenance of al! landscaping required by this Ordinance. All plant material shall be perpetually maintained in a healthy and growing condition as is appropriate for the season of the year. Plarit materials tl"la; die shall be replaced by property owner. tenant ·:::r agent with plant material of similar variety and size, within thirty (30) days of notification by the Town or a date appraved by the Town 1) Plan1 material shall be tl".easL.areo and sized according :o the latest ed i tion of the Texas NL.:rsery & Landscape Association (TNLP.} Specifications, Grades and Standards. 2) AU plant substitutions are subject to Town approval and must be specifies on the approved landscape plan 3) All turf areas to be established prior to the Celiifica!e of Occupancy, unless otherwise approved by ths Town 4) Ground covers used in lieu of tJrf grass must provide cofllplete coverage within one \1) year of planting and maintain adeouate coverage as approved by the Town. 5) Trees must be planted four feet (4') or greater from curbs, sidewalks, utility !i-1es, screening wa!1s, and/or other structures. The Town has final approval for all tree placements 6) Tree pits shall have roughened sides and be two to three times wider than the root bali of the tree in oroer to faci!Jtate nealthy roo1 growt;i 7) Tree pits shall be tested for water percolation lf water does not dram out of tree pit witr in a 24-hour period, the contractor shall provide berming, or devise alternative drainage. 8) Trees shall 110! be planted deeper than the base of the ·'trunk flare" 9) The tree pit shall be backfilled with nai:ive topsoil free o7 rock ar,d other debris. I 0) Burlap, twine, and wire baskets shall Je loosened and pulled back from tr.e uunk of tree as much as possible. 11) Trees shall not be watered to excess that results in soil saturation. If soil becomes saturated, the watering schedute shall be adjusted to allow for drainage and absorpt:on of the excess water 12) A 3-4" layer of mulch shall be provided around the base of the planted tree. T'le mulch shall be pulled bac,< 1 -2" from the trunk of the tree. 13) No person(s) er entity may use improper or malicious maintenance or pruning tec'l niques which wourd (ikefy !eao to the death of the tree. Improper or malicious techrnques inciude, but are not limited to topping or other unsyrnmetrica trimming of :rees, trimming trees with a backhoe, or use of fire er poison to cause the death of a tree ':4) Topsoil shali be a m:rnmJm of 8 inches in deptl1 in planting areas Soil shaF be free of stones, roots, and clods and any other fore ign materlal that is not beneficiai for plant growth. 15)All plant beds sr.a!I be top-dressed with a minimum of 3 inches of mulch.16) Trees overhanging walks and parking shall have a minimum clear trunk height of 7 feet Trees overhang;ng public street pavement drve aisles and fi'e lanes shall ha1Je a minimum clear trunk height o< 14 feet 17) A visitiillty triangle must be provided at all intersections, w!-iere shrubs are not to exceed 30 inches in height and trees shall have a minimum clear trunk height of 9 feet. 18) Trees pianted on a slope shall have the tree well at the average grade of slope 19) No shrubs shall be permitted within areas less than 3 feet in width All beds less than 3 feet :n width shell be grass, groundcover, or some type of fixed paving. 20j Toe owner, tenant. andlor their agents, i{ any, shall be jointly ar>d se•,erally responsible for the maintenance, establishment. arid permanence of olant matenat. Al! landscaping shall be maintalne::: in a neat and orderly manne� at all times This sha!! include, but not limited to, mowing edging, pruning, fert.ilizir,g, watering, and other act1v1 ties necessary for the mainterance of landscaped areas. 21) AH plant material shall be malrtained in a healthy and growing condition as is appropriate 'or :he season of the year. Plant materi al that is damaged, destroyed, or removed shall be replaced with plant matenal of similar size and variety within 30 cays unless othe:wise approved in writing by the Towr of Prosper 22) Landscape and open areas shall be kept free off trash, litter. and weeds. 23/ An automatlc irrigation systerr shall be provided to irrigate all landscape areas 01.1erspray on streets and walks is prohibited. A permit from the bui1dirag inspection department is required for each irrigation system. 24) No plant material shall be allowed to encroach on right-of-way, sidewalks or easements to the e>.1ent triat the vision or route oftravel for vehicular, pedestrian, or bicycle traffic ,s impeded. 25)No planting areas shall exceed 3:1 slope. 3' horizontal to 1' verticaL 26)Ea:1hen berms sha'I 101 include construction debris. C:-ntractor must correct slippage or damage to the smooth finish grade of the berm prior to accepta:,ce 271 All walkways shall meet A.DA and T.A.S. requirements. 28) Contact Town of Prosper Parks and Recreation Division at (972) 346-3502 for ;andscape inspection. No:e that landscape installation must comply wlth appro'-ied landscape plans prior to final acceptance by the Tow., and/or obtai,1ing s Certif1 cate of Occupancy. 29) Final inspection and approval of screening walls, irrigation. and landscape is sucject to all public utilities, including but not limited to manholes, valves, water meters, c1eanouts, ano other appurtenances. to be access;ble. adjusted to grade, and to the Town of Prosper's Public Works Depertmenl standards 30) P r i o r to calling for a landscace inspection, contractor is responsible for mark·ng a:I manholes, valves, water meters c•eanouts, arm ·Jther utility appurtenances with flagging for field verificat;or b/ the Town PLANT # DBH DYf- CFF DTS GL CM YH LO BC ��p I. I I I I I I I I ,, ' ' ' '' ,, ' ' ' ' ':' I ' ' I •' ' :, I sl) :� I I 'I : ' : ' ' I ' I I I I LINE LEGEND : • -··-••• PROPE RTY L I NEDRAINAGE FLOW PROPOSED WATER LINE -·-·-ROAD CENTER LINEPROPOSED STORM SEWER ��PROPOSED STREE T "D , : Pr-osper-Tr-oil J 1st Str-eet • I ! I i-. ·-•I .l. --· -� .. .l. ---. --• ----•• - " . - • • - • --· ·-•• • I J • I -610- -EX 1ST ING CONTOUR LI NE '"'liTO-'-'" PROPOSEU "'COl'lTOIJR"" l: 1 NE"---BU ILDING SETBACK LINE DALLAS MAPSCO 256M i 1' . I . ,, - - -ORA I NAGE EASEMENT VICINITY MAP i ,1. ,, - -• ORA I NAGE O I V I OE L I NE•I ��ROW I LOT LINEI I . •, !/1i I • ' I • ; I NOT TO SCALE I, I % ''I I • I ;__.-S00 °45'40"E 155 .85' N �: ( DEED : S0 1•05 '53'E 155.8 5' l• I I\ ! I f \ - I :I. I . I. I ,: I ' > I I \ I I I I 'I I I ' I ' I ,, ' ' ' CONCRETE CULVERT FL 32' CMP -763 .03' HIGH PO INT I I ···{ I I I l I I I I 7:../. I . . I • I I I I I I I ' ' , • '1 ' r-1: :' I I: SELF STORAGE , VOL . 5081 , PG . J: ' ' I D.R .C.C. T •, ,, •,,,,, ,, ,• ,I' \ ' I ,, , ' J: I: I t: I 1: I ' -, ,,_ . -- CONCRETE CULVERT FL 24 " CMP -762 . 70 ' Point of Beginning "X" CUT FNO . ELEV . ·765 . 79' P! ANT NAM[ SIZE SPAC ING HEIGHP Dwarf Burford HollvJllex cc,rnuta t.urfordi'· 5 "SI Dw°si"rf yuo.Jn Holl·J -'11:x vomitoda nana·1 , ca C�inese F-inoeflower (lo1out::·.a1um "Pu-nle diamond''\ 3 nai Dwarf ·iexas Saoe I Leucoo1VIIL!fo frutew:e11s) Giant Lm one (L1rione ninantal Cra"e M"rt e {Laoerstroe m1a !us a tuscorora) · V;iu"'"'n I ·oilv (llex vorntor:a) Live Oa� IOLe·cLS viminiana1 Bald C"nress fTa,;odiur,, d1st1chum' Chim,1»!:l Pisrtachio ((P .. <,tada chinersisl He1gr-t at tr-r,e o! plan:1ng tJ . t·� f::;.r rrn !i tJa'.ion WATER METER '.3 nal f;:;al 3D :,al 3J ca 3" cal 3'' cal 3' cal SCHEDULE 3E" 24· 36 14 36' 1L' 36" 1 4"' 18" 1 2" All 7-8' Ail 7.e' NI 12' A/I ,,. A/I • 2 ' 1 ---- 1 I rNc,r--..J 345�, I I I I I I I 0 5 10 15 ,o 30 •o---60 ----SCALE IN FEET SCALE : 1 " = 20' L------- QUANTITY 3B 70 54 46 1 4 36 3 17 1 """. Vff' !>1 f.:!-bl£.. w 1ft � (�. ' TOWN OF PROSPE R CASE •Z16·0020 OWNE RS : MA REAL TY SERV ICES, L�C 31 16 CROSSR IOGE DR IVE MCK INNE Y, TE XAS 75071 INTERFLOW COMMONS, LLC 1304 W. WALNUT HILL LANE , STE 212 IRVING, TEXAS 75083 ENG I NEER/APPL ICAN T: HELMBERGER ASSOC IATES, INC. 1525 BOZMAN ROADWYLIE, TEXAS 75098 MR. RANDALL T. HELMBERGER, P,E, (972 1 442-7459 LANDSCAPE PL AN CHILDRE N'S LIGHT HOUSE LEARNING CENTER 1.7430 AC RES JOHN R. TUNNE Y SURVE Y, ABS TR1'C T No, 916 TYPE SIZE NUMBER SANITARY REMARKS COL LIN COUNTY PROSPE R, TEXAS SEWER DOME STIC 1" 1 -PROPOSED 6" IRRIGATION 1" 1 -PROPOSED NA 5HARP DESIGN DRAWN HELM. OAT£ JULY 2016 SCALE 75000 NOTES FILE NO. LANDSCAPE 1S46 L1 Item 10 Item 10 ' I ' I I' I 'I I. I I I 'I . I I ' . I ' . I I I ' . I ' . I I I I. I •I I . I . I ' I ' I i-.. -· ·-·. -.. -·. --. -.. -.. -.. -··-·. -··-. ·-.. -··-. ·-.. -. ·-·. -. --·. -.. -·. --. -.. -. --.. -. ·-.. -.. -· . -! I • , I DAN CHRISTIE ANDKATHY CHRISTIE DOCUMENT NO . 20050510000530300,O.P.R.C.C.T. CURRE?'>T ZO'.'.'TNG 'ff-' S S[l\:OT_ F FA \11 [ Y CURRENT LAl\D USc OFHC!c l:lLJL)JN(, fl;TURF I AND! iSF RHAJLAND NEICHBORHOUD :SERVI\. ES . ·-·-----------------··-··-··-:./ .. -.. -··-. ·-.. ----. --.. -.. --. -··-. ·-.. -.. --. -.. -· ,-.. -· ·-· --.. -·. --. -.. -·. -. I ' ,-.... ' I , I I ...... I / ')ey suf-veyt �nn R. runn 916 I I Abstract No. / I I ! I I CCRREJ\ T LO-"Jl�G .f R -RETAll I I CL.;RRFNT LA"iD LSl: j CO"-VE"IJES"CE STORE , I I I neY surv eyJohn R. TuntN o 916 Abstrac CURRENT ZO:\'ING 0-0FflCE Cl �RFNT I.AND \JSF: Y\CA"IT BF·GBT NORTH PRESTON VILLAGE LPC/0 BRETT BRANTLEY DOCUMENT NO. 20l50B0l0009955B0,O.P.R.C.C. T. LINE LEGEND: -------PROPERTY LINE--,� DRAINAGE FLOW �� PROPOSED WATER LINE- - · ROAO CENTER L I NE · --PROPOSED STORM SEWER--PROPOSED STREET -610--EXISTING CONTOUR LINE-610--PROPOSED CONTOUR LINE---BUILDING SETBACK LINE-- -ORA I NACE EASEMENT --• ORA I NACE O IV I OE L I NE----ROW / LOT LINE wr;,, EXISTING WATER FAUCET�� EXISTING FENCE Q EXISTING POWER POLE -----EX 1ST !NG PAVEMENT � PROPOSED FIRE HYDRANT• PROPOSED WATER METER -----PROPOSED SEWER CLRRENT ZONr-.:G RET,\.IL CURRE'.',IT LAND USE TREE FARM FL: UJ{E IANJJ USE: RETAILAND "iEIGHBORHOOD SERVICES . I I I I i I I i PLAY AREA WITH DIMENSIONS GREATER THAN 30 FEET r-+------- II II I I, I , , , I I , ,, ,' ,__ I I r-., ' I I' I --1--. .... ,f I ' I I I : I I ' I' I' I I I I ,· I I ,· I I I I I I-........_....._,' I I I -........_ I I I '·! /I I I NTERFli.ow doMMONS, LLC '-.... I OOCUM[NT NO. " L.../ 20/50] 1�00038940, / o.P.7.c.c. r. ',, I REQUESTED ZONING LIMIT . --- 1• ---------------- I I I I , , : , -,1 PLAY AREA WITH DIMENSIONS LESS THAN 30 FEET ' --------------.. -___,,,_ I I : , I I ., jl ' •I'-ft. I ' --- ,,,-,c1 / I ' --------- ACCESS, UTILIT·cs/ ANDSIGN EASEMtN"(l DOCUMENT NO.i 20100'l2900 l 0413�80, 0.P.R. C. c; T:. f ! I • _..,..-- ... _ I ,f ------, ' --..J .' ', .I , I 'cf-: . - -, ,,.�h. !;_!:.:'::::::1 _ +--',.'-_-_-_ _ -.. _ N89""2'flQ"P - / · --: v· -, -;,,_ _ _..._ .. _. _ _.,_��-..... �---. REQUESTED Z NING LIMIT , t_�! • I i' ,--, r---' EJ:;;,-�• I I I I ----------- II;_,�,· I -L ,'.__ _ '-...J --- . , _ -i--=.=:-==--=-=-=-=-==-==-==========-::::.a::-=---------------------,,.: .• : I / I =---r.:::::::------·r::·::'--L� I I I I ------- , -ii. ··-··-··-··-··-··-··-··-··-··r··-·· I i..':"'; ,. • -· ·-·· -··-· ·-•• -· ·-· ·-•• -· ·-·· -··-· ·-•• -·. -·· -··-. ·-•• -··-· ·-•• -• ·-•• -··-· ·-•• -· ·-··-•• -· ·-S89022·00 "W 788. 89'---� ---------··-.. -· -·····-··-··-··-··-·· ----- 146 SF " I I I I f ,' I I I /I I L ___ _J OD I I ' I . I . I I. I • I I I . I ' I I I I I I I I I I PLAY AREA REQUIRED = 14,040 SF PLAY AREA PROVIDED PLAY AREA WITH DIMENSIONS GREATER THAN 30 FEET = 11,513 SF PLAY AREA WITH DIMENSIONS LESS THAN 30 FEET = 3,789 SF TOTAL PLAY AREA PROVIDED = 15,302 SF CLIIB.ENT ZONING !,.f, J.) CURREl\iT LAND USE SIN GT .F FAMll Y lff.SIDF�CF FLTURE LA.i',D USE: RETAlL AND :,./ElGHBORHOOD SERVICES BLUE STAR LANO, L.P.VOL. 4421, PG. 1264, 0.R. C.C. T. D PLAY AREA WITH DIMENSIONS GREATER THAN 30 FEET ---- g• _ _i __ ___ ,..,.. __ -- I I ,,-.-� I - I '. ::.'. . .: .. '.' : .. ',: -·r--�-�-!""--·,. I Cl RADIUS=30.00' t.ZONING,EXISTING! R -RETAIL ANO O - OFFICE I I I I I I I \EXHIBIT H.DGN 9128/2016 1A4•01 PM ARC LENGTH=25.79' DEL TA=49'14'46" CHRO. BRNG.=S66%24'18'E CHOR0=25.00' C2 RADIUS = 100.00' ARC LENG TH =36.83' DEL TA=21'06'10' CHRO. BRNG.=S52%20'00'E CHORD=36.62' NO PORTION WITHIN THE OF THIS SITE IS LOCATED 100 YEAR FLOODPLAIN AREA I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I I I I I I 500 HAYS ROAD LLCOOCUMEtH NO. 20150 ll 4001153550,O.P.R.C.C. T. CliRKENl LUNIJ',(j PD-58 PT A�Fn DF VF.LOPMFNT 13ASED ON ()f!'ICE CUHRl,XJ' LI', 'W USE EXISTrNG \1A;'/UFACTURING I'UTLRE Lt\ND LSE: LOW DENSJTY RESTDfJ\iTIAL - I !--. +----:i,--- • ---·-. --· ---------. ----• ---• ----• --•• ------ •I I I I I I I I • : • S00°45'40"E 155.85' �<DEED• 501•05'53"E · 155.85' l -I - I - I --I -I -I - I • I -r,: I 1; I 1: ' 1: LJ: I \ . \ : ' . �- r-- HIGH POINT _JSELF STORAGE, INC.f­VOL. 6081, PG. 346�, D.R.C.C.T. I CUR"RF"fT 7'.0NThlG A-AGRICULTURE Cl'.RRENT LAND USE STORAGE FAClLlTY FIJTIJRF LANO lJSF LOWDENSJTY R!::SlDEN I !AL I I I L ___ _ "O , S Prosper T re1 l J 1st. t.:.. t.l"'eet. CALLAS MAPSCO 256M VICINITY MAP NOT TO SCALE N 0 10 20 30 45 •o 90 ------ SCALE IN FEET SCALE: 1 " " 30' II Hp1 ... .,.I • I I • I I I .. I : / I I I I I ( ,------ I I I I I I : r-I I I I I I ,-J : I L l--·-'··-··-·T··-··-··-··-··-··-··-· --·------ LJT I, BLOCK A EDGEMON ADDITIONVOL. P, PG. 378, M.R.c.c.r. CUKRbN l ZONINU A-AGRICULTURECURR FNT I AND liSE CONSTRUCTION YA.RD FUTURE LAND USh: LOWDE!\SlTY RE<;JOENTIAI TOWN OF PROSPER CASE •216-0020 OWNERS: MA REALTY SERVIC:S, LLC3116 CROSSRIOGE DRIVE MCKINNEY, TEXAS 75071 INTERFLOW COMMONS, LLC 1304 W. WALNUT HILL LANE, STE 212IRVING, TEXAS 75083 ENGINEER/APPLICANT: HELMBERGER ASSOCIATES, INC.1525 BOZMAN ROAO WYLIE, TEXAS 75098 MR. RANDALL T. HELMBERGER, P.E,(9721 442-7459 EXHIBIT H CHILDREN'S LIGHTHOUSE LEARNING CENTER 1. 7430 ACRES JOHN R. TUNNEY SURVEY.ABSTRACT No.916 COLLIN COUNTY -PROSPER, TEXAS TBPE II II HELMBERGER ASSOCIATES, INC. :a�.°\lW� CIVIL ANO ENVIRONMENT AL ENGINEERS ORAWN HELM. CAOO 1'2� BOZIUIN ROJO, WYLIE TEXAS 75098 tllnt 442· 7459 DATE JUI. y 2016 SCALE NOTES l"•JO " EXHIIIIT H FILE IS46 NO. C1 NARROWEST DIMENSION OF 20 FEET PLAY AREA WITH DIMENSIONS LESS THAN 30 FEET Item 10 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon a request for a Façade Exception for the Gates of Prosper, Phase 1, Block B, Lot 4 (Chili’s), located on the east side of Preston Road, 700± feet north of future Richland Boulevard. (MD16-0014). Description of Agenda Item: The applicant is seeking a Façade Exception for a 6,046 square foot restaurant located within the Gates of Prosper, to allow for an increase in secondary materials. The Zoning Ordinance limits secondary materials to 10% of an elevation. As depicted on the revised elevations, the applicant is requesting the exterior of the structure of the proposed Chili’s to be constructed primarily of brick and stone as required by the ordinance, but is also requesting for the use of tile, metal, and fabric to exceed 10% on each of the elevations. Specifically, the applicant is proposing secondary materials as follows: Tile Metal Fabric Total North 21% 6% 13% 40% South 21% 6% 3% 30% East 5% 4% 10% 19% West 14% 5% 0% 19% Please note that the exterior masonry requirements for the Zoning Ordinance permit the use of fabric awnings without impacting the masonry requirements. However, the Gates of Prosper PD require the inclusion of awnings into the material calculations. In considering an exception to the required masonry requirements, the Planning & Zoning Commission and Town Council may consider whether a proposed alternate material: (a) is a unique architectural expression; (b) includes unique building styles and materials; (c) is consistent with high quality development; (d) is or would be visually harmoniousness with existing or proposed nearby buildings; (e) has obvious merit based upon the quality and durability of the materials; and (f) represents an exterior building material that is in keeping with the intent of this chapter to balance the abovementioned objectives. Prosper is a place where everyone matters. PLANNING Item 11 Page 2 of 2 Please reference the attached letter from the applicant addressing the aforementioned criteria in support of the request. Attachments: 1. Location Map 2. Proposed Elevations for Chili’s 3. Criteria Response Letter Planning & Zoning Commission Recommendation: At their October 4, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 5-0, subject to the addition of tile to the back of the parapet walls. Since the meeting, the applicant has revised the elevations to add tile to the back of the parapet walls, per the recommendations of the Planning & Zoning Commission. The applicant has also added brick to the back of three segments of exposure rear parapet areas. The originally proposed elevations and the revised elevations identifying the added tile and brick area are attached for reference. Town Staff Recommendation: Town staff recommends approval of the request for a façade exception for the Gates of Prosper, Phase 1, Block B, Lot 4 (Chili’s). Proposed Motion: I move to approve a request for a façade exception for the Gates of Prosper, Phase 1, Block B, Lot 4 (Chili’s). Item 11 MD16-0014 PRE S T O N R D LO V E R S L N MO S S G L E N D R RIC H L A N D B L V D BL U E R I D G E D R MY S T I C W A Y ABBEY LN LANCER LN WHISTLER LN STRATFORD DR PRE S T O N R D LO V E R S L N 0 120 24060 Feet ± Item 11 PREVIOUSLY PROPOSED Item 11 PREVIOUSLY PROPOSED Item 11 REVISED Item 11 REVISED Item 11 I t e m 1 1 I t e m 1 1 Page 1 of 1 To: Mayor and Town Council From: Leslie Scott, Library Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Library Services Department update. Description of Agenda Item: Review of the Prosper Community Library since last Council presentation on September 8, 2015. Attachment: 1. PowerPoint Presentation Town Staff Recommendation: Town staff is requesting the Town Council provide feedback on the Library Services Department updates provided. LIBRARY SERVICES Prosper is a place where everyone matters. Item 12 Prosper Community Library 2016 Review Item 12 End of Fiscal 2016 3,008 Library Members +31% 11,422 Library Visitors (Not including programs off site) +10% 12,798 Items in Collection +16%Valued at $248,912 26,133 Items checked out (4,477 of those e-books) +27% 60 Programs with 3,852 in attendance +34% (out of library events not included in library visit number) 605 Computer users logged 794 hours 99 Volunteers worked 836 hours Item 12 Story Time on the Road Prosper Central Fire Station Whispering Farms Equestrian Center Farm Fresh Christmas Trees Highland Homes Lakes of Prosper model home Body Shop Collision Repair Gentle Creek Country Club Frontier Park Pavilion PAC Fitness PISD Transportation Mathnasium Item 12 Library Card Appreciation Month Dr. Seuss Program Lions Club Guest Readers Guest Speakers at Story Time Friends Book Sale Community Blood Drive Christmas Festival Star Wars Read Day FRED Collin County Grant Funding Continued State Accreditation Item 12 Prosper Book Trail Reveal Party Guest Author Toni Yuly Item 12 Second Annual One Book, One Town “A Man Called Ove” Item 12 The New Kids at the Library Item 12 Robots, Sand, Launchpads, Musical Instruments, Engineering Kits, Magnets, Water Experiments, and more Item 12 Summer Reading Challenge 475 Participants +22% (58 Teens) Item 12 Fun Fridays at Frontier Partnership With Parks and Recreation: Western Day; Prosper Green; Challenge Stations; Silly Olympics 180 Children & 110 Adults Item 12 Item 12 Item 12 Item 12 Much Thanks to Many Town of Prosper departments, employees, and Council members Public Works Parks and Recreation Prosper Fire Department Prosper Police Department Library Board Friends of the Prosper Community Library Prosper Press Celso Martinez Prosper Magazine Church of Jesus Christ Latter-day Saints PISD / Reynolds Middle School Farm Fresh Christmas Tree Mathnasium Whispering Farms Equestrian Center Pac Fitness Highland Homes Body Shop Collision Center Gentle Creek Country Club PISD Transportation Texas A&M AgriLife Lawn Posters Charles Schwab Cherry Berry Papa Murphy’s Palio’s Pizza Café Chefs on Scene Kona Ice CoralBerry Creations Hokulia Pei Wei Whataburger Kelley Winters The Spa in Prosper Prosper Dental Health Robinson Team Real Estate Dr. Jill Sentlingar Stroller Strides Steve Freeman Student volunteers: Catherine, Jagannath, Kate, Grant, Ellie, and Pearce. Prosper Staff: Julie Shivers, Angela Tucker, Frank Jaromin, & Hulon Webb Item 12 Item 12 Item 12 Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 25, 2016 Agenda Item: Consider and act upon a resolution to enter into an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., dba WC of Texas, for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper; and authorizing the Town Manager to execute same. Description of Agenda Item: On January 24, 2012, the Town Council approved Resolution 12-01, authorizing the Town Manager to execute an exclusive franchise agreement with IESI TX Corporation, a Progressive Waste Solutions Company, for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials. The franchise agreement became effective on February 1, 2012, for a period of five years, and will be expiring on February 1, 2017. The Town requested proposals from qualified service providers, and as a result, on August 9, 2016, the Town Council authorized staff to negotiate an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., dba WC of Texas, for the collection, hauling, recycling, and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper, Texas. The new exclusive franchise agreement will become effective on February 1, 2017. The initial term of the agreement will be two years, with four optional two-year renewal periods. The new agreement includes increasing the size of recyclable materials carts from 65 gallons to 95 gallons. Upon commencement of the new agreement, all new accounts will receive 95-gallon carts. Existing accounts will be provided with a 95-gallon cart when an existing cart is worn/damaged and needs to be replaced. The new agreement also includes performance measures and liquidated damages for issues such as spillage, non-collection, and crossing planted areas; as well as higher liquidated damages for repetition of similar violations for a specific address, within a ninety-day period, where the service provider has been at fault. The liquidated damages will be credited back to the appropriate utility accounts for the addresses affected. Budget Impact: Negotiations resulted in holding all current rates for the initial term of the new exclusive franchise agreement. Prosper is a place where everyone matters. FINANCE Item 13 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution and Franchise Agreement, as to form and legality. Attached Documents: 1. Resolution 2. Franchise Agreement Town Staff Recommendation: Town staff recommends approving a resolution to enter into an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., dba WC of Texas, for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper; and authorizing the Town Manager to execute same. Recommended Motion: I move to approve a resolution to enter into an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., dba WC of Texas, for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper; and authorize the Town Manager to execute same. Item 13 TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY ENTERING INTO AN EXCLUSIVE FRANCHISE AGREEMENT WITH PROGRESSIVE WASTE SOLUTIONS OF TX, INC., DBA WC OF TEXAS, FOR THE COLLECTION, HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE AND RECYCLABLE MATERIALS IN THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SAME. WHEREAS, the Town of Prosper (“Town”) requested proposals from qualified service providers for the collection, hauling, recycling, and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town; and WHEREAS, after review of responses by Town staff, on or about August 9, 2016, the Town Council authorized Town staff to negotiate an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., dba WC of Texas, for the collection, hauling, recycling, and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town; and WHEREAS, the exclusive franchise agreement will become effective on February 1, 2017, with an initial term of two (2) years with four (4) optional two-year renewals. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town of Prosper, Texas, hereby grants to Progressive Waste Solutions of TX, Inc., dba WC of Texas, an Exclusive Franchise Agreement for the Collection, Hauling, Recycling and Disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials in the Town of Prosper, Texas (“Agreement”), effective February 1, 2017, said Agreement incorporated by reference and attached hereto. SECTION 3 The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, the Agreement attached hereto. Item 13 Resolution No. 16-__, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 25TH DAY OF OCTOBER, 2016. _________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 13 1 EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND RECYCLABLE MATERIALS IN THE TOWN OF PROSPER, TEXAS STATE OF TEXAS ) ) COUNTY OF COLLIN ) THIS EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND RECYCLABLE MATERIALS IN THE TOWN OF PROSPER, TEXAS (“Agreement”) is made and entered into as of February 1, 2017, by and between Progressive Waste Solutions of TX, Inc., d/b/a WC of Texas, a Texas corporation (the “Service Provider”), and the Town of Prosper, Texas (the ‘‘Town”). WHEREAS, the Town, subject to the terms and conditions set forth herein, and the ordinances and regulations of the Town, desires to grant to the Service Provider the exclusive franchise, license, and privilege to collect, haul and recycle, or dispose of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials (as such terms are defined herein) within the Town’s corporate limits. NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants and agreements set forth herein, the Service Provider and the Town hereby agree as follows: SECTION 1. DEFINED TERMS The following terms, as used herein, will be defined as follows: Bulky Item: Any item not measuring in excess of either forty-eight inches (48”) in length, or fifty (50) pounds in weight, including but not limited to refrigerators, stoves, washing machines, water tanks, chairs, couches, and other similar household items. Bundles: Items not measuring in excess of either forty-eight inches (48”) in length, or fifty (50) pounds in weight, and which are securely fastened together, including but not limited to brush, newspapers, and tree trimmings. Business Day: Any day that is not a Saturday, a Sunday, or other day on which banks are required or authorized by law to be closed in the Town. Commercial Cart Collect Unit: A small, Commercial Unit that utilizes Poly-Carts for the collection of its Municipal Solid Waste, and generates no more than three (3) cubic yards of Municipal Solid Waste per week. Item 13 2 Commercial Unit: Any non-manufacturing commercial facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during or as a result of its business, including but not limited to restaurants, stores, and warehouses. Construction and Demolition Waste: Solid Waste resulting from construction or demolition activities, or that is directly or indirectly the by-product of such activities, including but not limited to cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber, and wood products. Construction and Demolition Waste does not include Hazardous Waste, Municipal Solid Waste, Recyclable Materials, or Bulky Items. Container: Any receptacle, including but not limited to dumpsters, Roll-Offs and Poly- Carts provided to the Town by the Service Provider, and utilized by a Commercial, Industrial or Residential Unit for collecting Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials. Containers are designed to hold between thirty (30) gallons and forty (40) cubic yards of Solid Waste. Hazardous Waste: Waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, or so classified by any federal or State of Texas statute, rule, order, or regulation. Handicapped Residential Unit: Any residential dwelling that is inhabited by persons, all of whom are physically handicapped to the extent that they are unable to place Municipal Solid Waste or Recyclable Materials at the curbside, and that generates and accumulates Municipal Solid Waste and Recyclable Materials. The identities of the members of a Handicapped Residential Unit shall be certified by the Town, and agreed to by the Service Provider. Holidays: The following days shall be holidays for purposes of this Agreement: 1) New Year’s Day (January 1st) 2) Memorial Day 3) Independence Day (July 4th) 4) Labor Day 5) Thanksgiving Day 6) Christmas Day (December 25th) Industrial Unit: Any manufacturing, mining, or agricultural facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during, or as a result of, its operations. Landfill: Any facility or area of land receiving Municipal Solid Waste or Construction and Demolition Waste, and operating under the regulation and authority of the Texas Commission on Environmental Quality (“TCEQ”) within the State of Texas, or the Item 13 3 appropriate governing agency for landfills located outside the State of Texas. Multi-Family Residential Unit: Any residential dwelling that is designed for, and inhabited by multiple family units, and that generates and accumulates Municipal Solid Waste and Recyclable Materials. Municipal Solid Waste: Solid Waste resulting from, or incidental to municipal, community, commercial, institutional, or recreational activities, or manufacturing, mining, or agricultural operations. Municipal Solid Waste does not include Construction and Demolition Waste, or Hazardous Waste. Recyclable Materials: The following are acceptable Recyclable Materials for purposes of this Agreement: 1) newspapers, magazines, catalogs, and other paper items such as mail, paper bags, or other paper; 2) glass bottles and jars (excluding mirrors, windows, ceramics, and other glass products); 3) metal cans composed of tin, steel, or aluminum (excluding scrap metal); 4) Plastic containers including all varieties of the types designated as #1, #2, #3, #4, #5, and #7; and 5) cardboard and boxboard (thin cardboard such as cereal boxes, shoe boxes, and soda cartons). Recycling Container: A Container with ninety (95) gallons of capacity, and provided by the Service Provider for the collection of Recyclable Materials. Residential Unit: Any residential dwelling that is either a Single-Family Residential Unit, or a Multi-Family Residential Unit. Roll-Off: A Container with twenty (20) cubic yards to forty (40) cubic yards of capacity. Poly-Cart: A Container with ninety-five (95) gallons of capacity. Single-Family Residential Unit: Any residential dwelling that is designed for, and inhabited by a single person or family unit, and that generates and accumulates Municipal Solid Waste and Recyclable Materials. Solid Waste: As defined by the EPA under 40 C.F.R. § 261.2(a)(I), or by the State of Texas under the Solid Waste Disposal Act [Texas Health & Safety Code § 361.003(34), as amended] whether such waste is mixed with or constitutes Recyclable Materials. White Good: Any item not measuring in excess of either three (3) cubic feet in size, or fifty (50) pounds in weight, and that is manufactured primarily from metal, including but not limited to a bathtub, heater, hot water heater, refrigerator, sink, or washer and dryer. Item 13 4 SECTION 2. GRANT OF EXCLUSIVE FRANCHISE The Town hereby grants to the Service Provider, in accordance with the Town’s ordinances and regulations governing the collection, hauling, recycling and disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, an exclusive franchise, license, and privilege to collect, haul, and recycle or dispose of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials over, upon, along, and across the Town’s present and future streets, alleys, bridges and public properties; provided, however, the franchise granted herein does not apply to Construction and Demolition Waste removed in accordance with Section 7.D., hereof. In order to maintain the franchise in favor of the Service Provider contained herein, the Town agrees to take reasonable action against any company, customer, or third party infringing upon the rights of the Service Provider. The Town hereby grants subrogation rights to the Service Provider who may take any and all appropriate legal action against any third party infringing on the Service Provider’s franchise rights, and the Service Provider shall be entitled to any and all actual and consequential damages. SECTION 3. OPERATIONS A. Scope of Operations. It is expressly understood and agreed that the Service Provider will collect, haul, and recycle or dispose of all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, as provided herein, all within the Town’s corporate limits, including any territories annexed by the Town during the term of this Agreement (the “Services”), meeting the following conditions: 1) generated and accumulated by Commercial, Industrial, and Residential Units; and 2) placed within Containers by those Commercial, Industrial, and Residential Units receiving the services of the Service Provider (or otherwise generated and accumulated in the manner herein provided by those Commercial Units, Industrial Units, and Residential Units). B. Nature of Operations. The Town hereby grants to the Service Provider, in accordance with the Town’s ordinances and regulations governing the collection, hauling, and recycling or disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, the title to all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials collected, hauled, and recycled or disposed of by the Service Provider over, upon, along, and across the Town’s present and future streets, alleys, bridges, and public properties. All title to and liability for materials excluded from this Agreement shall remain with the generator of such materials. Item 13 5 SECTION 4. SINGLE FAMILY RESIDENTIAL UNIT COLLECTIONS A. Single-Family Residential Units: The Service Provider will collect Municipal Solid Waste and Recyclable Materials from Single-Family Residential Units once per week; provided that: 1) such Municipal Solid Waste and Recyclable Materials are placed in Containers provided by the Service Provider; and 2) such Containers are placed within five feet (5’) of the curbside or right of way adjacent to the Single-Family Residential Unit, no later than 7:00 a.m. on the scheduled collection day. B. Excess or Misplaced Municipal Solid Waste: The Service Provider shall only be responsible for collecting, hauling, and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider. Municipal Solid Waste and Recyclable Materials in excess of the Containers’ limits, or placed outside or adjacent to the Containers, will not be collected by the Service Provider. However, such excess or misplaced Municipal Solid Waste and Recyclable Materials may be collected on occasion, and within reason, due to Holidays or other extraordinary circumstances, as determined by the Service Provider, in its sole discretion. If the excess or misplaced Municipal Solid Waste and/or Recyclable Materials continue, the Town shall require the Single- Family Residential Unit to utilize an additional Container, so that the excess or misplaced Municipal Solid Waste and/or Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Section 10.A., herein. C. Handicapped Residential Units: Notwithstanding anything to the contrary contained herein, the Service Provider agrees to assist Handicapped Residential Units with house-side collection of their Containers; provided that the Service Provider receives prior written notice from the Handicapped Residential Unit of such special need. The Town shall be solely responsible for all other modifications and accommodations required by the Americans with Disabilities Act, or any other applicable law or regulation in connection with the services provide hereunder to Single-Family Residential Units. SECTION 5. COMMERCIAL CART COLLECT UNIT COLLECTIONS A. Commercial Cart Collect Units. The Service Provider will collect Municipal Solid Waste and Recyclable Materials from Commercial Cart Collect Units once per week; provided, that 1) such Municipal Solid Waste and Recyclable Materials are placed in Containers provided by the Service Provider; and 2) such Containers are placed within five (5) feet of the curbside or right of way adjacent to the Commercial Cart Collect Unit no later than 7:00 a.m. on the Item 13 6 scheduled collection day. B. Excess or Misplaced Municipal Solid Waste. The Service Provider shall only be responsible for collecting, hauling and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider. Municipal Solid Waste and Recyclable Materials in excess of the Containers’ limits, or placed outside or adjacent to the Containers, will not be collected by the Service Provider. If the excess or misplaced Municipal Solid Waste and/or Recyclable Materials continue, the Town shall require the Commercial Cart Collection Unit to utilize an additional Container so that the excess or misplaced Municipal Solid Waste and/or Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Section 10.B., herein. Commercial Units generating Municipal Solid Waste in excess of three (3) cubic yards per week will be required to utilize the Service Provider’s Commercial services contained in Section 6, herein. SECTION 6. COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY RESIDENTIAL UNIT COLLECTIONS; COLLECTION ROUTES A. The Service Provider will collect Municipal Solid Waste and Recyclable Materials from Commercial, Industrial, and Multi-Family Residential Units, as provided for in Section 10.C., herein. The Service Provider shall only be responsible for collecting, hauling, and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider. However, the Service Provider shall be obligated to offer and provide sufficient service to Commercial, Industrial, and Multi-Family Residential Units, and to increase or decrease, as necessary, the frequency of collection and the size or number of Containers, so that Commercial, Industrial, or Multi-Family Units’ Municipal Solid Waste and Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Section 10.C., herein. The parties acknowledge and agree that the Service Provider shall not be responsible for damage to any private pavement or accompanying sub-surface of any route reasonably necessary to perform the Services herein contracted, and that the Commercial, Industrial, or Multi-Family Residential Unit assumes all liabilities for damage to pavement or road surface. The Service Provider shall provide recycling services to the Commercial, Industrial, and Multi-Family Residential Units that choose to participate in the Town’s recycling program, and are located in downtown Prosper adjacent to residential collection routes. The Service Provider shall comply with the Town ordinance requiring enclosure doors to be shut at all times, such that the Service Provider’s representative providing the Services to any Commercial, Industrial, or Multi-Family Residential Unit will shut enclosure doors prior to leaving any such property. B. The Service Provider shall utilize appropriate collection trucks and equipment for those routes identified by the Town and the Service Provider as likely to be damaged by the use of heavy solid waste collection equipment (e.g., on asphalt Item 13 7 paved streets, alleys and other roadways). SECTION 7. SPECIAL COLLECTIONS AND SERVICES A. Municipal Locations. The Service Provider shall provide, at no cost to the Town, Containers to collect Municipal Solid Waste and Recyclable Materials at the following municipal locations within the Town, once per week: The Service Provider shall also provide, at no cost to the Town, Dumpsters/Roll- Off Containers at the following municipal locations within the Town, at the stated frequencies: Additionally, the Service Provider shall provide, at no cost to the Town, up to (15) temporary Roll-Off Containers (up to 30 yds.) per year, to be used at the Town’s discretion (e.g., storm clean-up, special projects, code enforcements issues, etc.); and a reasonable number of Containers to collect Municipal Solid Waste and Recyclable Materials from any future facilities owned and operated by the Town. B. Clean-Up Events. In addition, during each year of this Agreement, the Service Provider and Town will partner to hold the “Annual Spring Clean-Up Event” during the month of March. Services should include, but not be limited to: 1) Solid Waste and Recyclable Collection; 2) Bulk Collection; 3) Electronic Recycling/Waste; 4) Paper Shredding; and 5) other related services as identified by the Town. The Service Provider shall provide, at no cost to the Town, an aggregate maximum of twenty (20) thirty-yard Roll-Off Containers, advertisement, brochures, signage, etc., and the proper equipment and/or personnel for this event; provided that the Item 13 8 Town coordinates the event with the Service Provider. For any additional Roll-Off Containers requested by the Town for this event, the Service Provider shall charge the Town, in accordance with Section 10.F., herein. C. Roll-Off Services. The Service Provider shall be the exclusive provider of Roll-Off Containers within the Town. The Service Provider shall provide Roll-Off Service to any persons or entities located within the Town’s limits, and requesting such service. Roll-Off Services shall be in accordance with the terms and conditions agreed to by the Service Provider and the requesting party; provided that the Roll- Off Services do not conflict with any Town ordinance or policy. At a minimum, the Roll-Off Services provided by the Service Provider shall consist of: 1) the delivery and placement of the Roll-Off; 2) the collection and hauling of the Roll-Off; and 3) the disposal of the Solid Waste placed in the Roll-Off (the “Roll-Off Services”). The Service Provider shall be compensated for the Roll-Off Services, in accordance with the rates listed in Section 10.F., hereof. D. Contractor Removal of Construction and Demolition Waste. Notwithstanding the above Section 7.C., it is understood and agreed that a construction contractor may haul and dispose of Construction and Demolition Waste from a construction or remodel job located within the Town’s corporate limits that it was hired to perform; provided that the construction contractor uses its own equipment for the storage, hauling, and disposal of such Construction and Demolition Waste. Nothing in this Section 7.D. shall allow a third-party to hire or subcontract for Roll-Off Services in violation of Section 7.C., herein. E. Town Educational Literature. Each calendar quarter, the Service Provider shall provide the Town with an electronic copy of educational literature that will include items such as holiday schedules, route or service changes, community events, general service tips/guidelines, recycling education, new programs, service updates, and any other pertinent information regarding the details of services provided to the Town. This educational literature will be provided for its dissemination to Town businesses and residents. The Service Provider shall not be responsible for any further distribution of such educational literature. SECTION 8. BULKY ITEMS AND BUNDLES A. Pre-Arranged Collections. The Service Provider shall collect Bulky Items and Bundles from Single-Family Residential Units, on the scheduled collection day each month; provided that: 1) the Single-Family Residential Units requiring such collections notify the Service Provider no later than 4:00 p.m. of the Friday prior to the scheduled Item 13 9 collection day; 2) the Bulky Items or Bundles: a) are placed at the curbside no later than 7:00 a.m. on the scheduled collection day; b) are reasonably contained; and c) do not exceed two (2) cubic yards in total volume, or have any individual item exceeding fifty (50) pounds in weight. The Service Provider shall only be responsible for collecting, hauling, and recycling or disposing of Bulky Items and Bundles, at the rate contained in Section 10.A., herein, from those Single-Family Residential Units that have complied with Section 1 of this Agreement and this Section 8.A. In the event a Single-Family Residential Unit places a Bulky Item and/or Bundle out for collection in excess of two (2) cubic yards in total volume, on the regularly scheduled Bulky Item/Bundle collection day, the Service Provider shall collect such excess Bulky Items and Bundles for an additional charge, in accordance with the rates contained in Section 10.E., herein. Additionally, Single-Family Residential Units may schedule an additional collection(s) of Bulky Items and/or Bundles with the Service Provider on dates other than the regularly scheduled Bulky Item/Bundle collection day, for an additional charge, in accordance with the rates contained in Section 10.E., herein. White Goods containing refrigerants will not be collected by the Service Provider, unless such White Goods have been certified in writing by a professional technician to have had all such refrigerants removed. B. Negotiated Collections. It is understood and agreed that the service provided under Section 8.A. does not include the collection of Bulky Items and Bundles comprised of Construction and Demolition Waste, White Goods, or any materials resulting from remodeling, general property clean-up, or clearing of property, for the preparation of construction. However, the Service Provider may negotiate an agreement, on an individual basis, with the owner or occupant of a Single-Family Residential Unit regarding the collection of such items, by utilizing the Service Provider’s Roll-Off Services. SECTION 9. TITLE TO EQUIPMENT Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that all equipment, including, but not limited to Containers provided by the Service Provider in connection with the Services, shall at all times remain the property of the Service Provider. On an annual basis, the Service Provider shall conduct a Container audit of both Poly-Carts and Recycling Containers, and submit the results of such audit to the Town for review. Item 13 10 SECTION 10. RATES AND FEES Subject to adjustment, as provided in Section 11, herein, the rates and fees to be charged and received by the Service Provider are as follows: A. Single-Family Residential Unit Services. For the Services provided to Single- Family Residential Units under Section 4.A., herein, the Service Provider shall charge the following fees for all Single-Family Residential Units that are located within the corporate limits of the Town, and billed by the Town for utility services: 1) $7.95 per month for each Single-Family Residential Unit utilizing one Solid Waste Poly-Cart; 2) $2.61 per month for each Single-Family Residential Unit utilizing one (1) Recycling Container; 3) $4.41 per month for each additional Solid Waste Poly-Cart utilized by such Single-Family Residential Unit; and 4) $1.12 per month for each additional Recycling Container utilized by such Single-Family Unit. B. Commercial Cart Collect Unit Services. For the Services provided to Commercial Cart Collect Units under Section 5.A., herein, the Service Provider shall charge the following fees for all Commercial Cart Collect Units that are located within the corporate limits of the Town: 1) $17.50 per month for each Commercial Cart Collect Unit utilizing one (1) Solid Waste Poly-Cart; 2) $23.28 per month for each Commercial Cart Collect Unit utilizing two (2) Solid Waste Poly-Carts; 3) $2.61 per month for each Commercial Cart Collect Unit utilizing one (1) Recycling Container; 4) $11.67 per month for each additional Solid Waste Poly-Cart utilized by such Commercial Collect Unit; and 5) $1.12 per month for each additional Recycling Container utilized by such Commercial Cart Collect Unit. C. Commercial. Industrial, and Multi-Family Residential Unit Municipal Solid Waste Services. 1) For the Services provided to Commercial, Industrial, and Multi-Family Residential Units under Section 6., herein, the Service Provider shall charge per month for each Non-Compacted Container utilized for the collection of Municipal Solid Waste the following rates: Item 13 11 Container Size One Collection per Week Two Collections per Week Three Collections per Week Four Collections per Week Five Collections per Week Six Collections per Week 3 Yards $60.67 $106.18 N/A N/A N/A N/A 4 Yards $72.35 $112.01 N/A N/A N/A N/A 6 Yards $89.84 $157.53 $225.05 $379.31 $474.14 $568.96 8 Yards $115.53 $192.54 $308.06 $505.74 $632.18 $758.62 10 Yards $144.41 $232.21 $389.70 $632.18 $790.23 $948.27 For any collection that the Service Provider is required to make in excess of the above weekly figures, the Service Provider shall charge the following additional rates per additional collection, per Container: Size of Container Each Additional 3 Yards $30.00 4 Yards $35.00 6 Yards $40.00 8 Yards $45.00 2) For the Services provided to Commercial, Industrial, and Multi-Family Residential Units under Section 6., herein, the Service Provider shall charge per month for each Compactor Container utilized for the collection of Municipal Solid Waste the following rates: The foregoing rates apply to all Commercial, Industrial, and Multi-Family Residential Units that are located within the Town’s corporate limits, and billed by the Town for utility services. D. Commercial, Industrial and Multi-Family Residential Unit Recycling Services. For the Recycling Services provided to Commercial, Industrial, and Multi-Family Residential Units under Sections 5. and 6., herein, the Service Provider shall charge the following fees: 1) $2.61 per month for each Commercial, Industrial, or Multi-Family Residential Size Rate/Pick-Up 2 Yard $82.20 Equates to 8 yd 1x wk 4 Yard $119.40 Equates to 8 yd 2 x wk 6 Yard $156.60 Equates to 8 yd 3 x wk 8 Yard $193.80 Equates to 8yd 4 x wk 20 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional = $33/ Ton 30 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional = $33/ Ton 32 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional= $33/ Ton 42 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional= $33/ Ton Item 13 12 Unit utilizing one (1) Recycling Container; 2) $1.12 per month for each additional Recycling Container utilized by such Commercial, Industrial, or Multi-Family Residential Unit. Rates shall only apply to such Commercial, Industrial, and Multi-Family Residential Units who have chosen to participate in the Town’s recycling program. E. Additional Bulky Item/Bundle Services. For the additional Bulky Item and/or Bundles Services provided to Single-Family Residential Units under Section 8.A., herein, the Service Provider shall charge the following fees: 1) For each collection of excess Bulky Items and/or Bundles from a Single- Family Residential Unit on the Service Provider’s regularly scheduled Bulky Item/Bundle collection day, the Service Provider shall charge $25.00 per cubic yard for each cubic yard of Bulky Items and/or Bundles collected, in excess of two (2) cubic yards from such Single-Family Residential Unit. 2) For each collection of excess Bulky Items and/or Bundles from a Single- Family Residential Unit not on the Service Provider’s regularly scheduled Bulky Item/Bundle collection day, the Service Provider shall charge $95.00, plus $100.00 per cubic yard for each cubic yard of Bulky Items and/or Bundles collected from such Single-Family Residential Unit. *The cubic yardage calculation will be based on an estimate provided by a supervisor employed by the Service Provider. F. Roll-Off Services. Subject to adjustment by the Service Provider in its sole discretion, for the Services provided under Sections 7.C., 8.B., and 12, herein, the Service Provider shall charge for each Roll-Off utilized the following fees: 1) $65.00 Delivery Fee 2) $3.00 per day Rental Fee 3) $345.00 Haul Fee (includes up to 4 tons) 4) $ 33.00 per each additional ton in excess of 4 tons The Service Provider will enter into agreements with each Commercial, Industrial, or Residential Unit, on an individual basis, regarding the Roll-Off Services to be provided. The Roll-Off Services will be billed directly to such Commercial, Industrial, or Residential Unit, and will be collected by the Service Provider. The Roll-Offs provided pursuant to this Section 10.F. must be located within the Town in accordance with Town ordinances and policies. SECTION 11. RATE ADJUSTMENT A. CPI-U Adjustment. Beginning on February 1, 2019, and on each February 1 thereafter, the Service Provider shall have the right, in its sole discretion and upon giving sixty (60) days prior notice to the Town, to increase or decrease the rates set Item 13 13 forth in Section 10, herein (the “Initial Rates”) in accordance with the CPI-U. As used herein, “CPI-U” shall mean the revised Consumer Price Index rate for all urban consumers {all items included) for the nearest available metropolitan area, based on the latest available figures from the Department of Labor’s Bureau of Labor Statistics (the “Bureau”). The CPI-U used will be the CPI-U published by the Bureau during the month ninety (90) days preceding the adjustment under this Section 11.A. The amount of the increase or decrease under this Section 11.A. shall be equal to seventy-five percent (75%) of what the CPI-U has increased or decreased over the previous twelve (12) month period. B. Operating Cost Adjustment. In addition to the rate adjustments provided for in Section 11.A., at any time during the term of this Agreement, the Service Provider may petition the Town for additional rate and price adjustments at reasonable times on the basis of material or unusual changes in its cost of operations not otherwise the basis of any other rate adjustments herein. At the time of any such petition, the Service Provider shall provide the Town with documents and records in reasonable form and sufficient detail to reasonably establish the necessity of any requested rate adjustment. The Town shall not unreasonably withhold, condition or delay its consent to any requested rate increase. In the event the Town fails or refuses to consent to any such requested rate increase and the Service Provider can demonstrate that such rate increase is necessary to offset the Service Provider’s increased costs in connection with performing the services under this Agreement not otherwise offset by any previous rate adjustments hereunder, the Service Provider may, in its sole discretion, terminate this Agreement upon ninety (90) days written notice to the Town. C. Landfill Cost Adjustment. The parties acknowledge that the Municipal Solid Waste and Construction and Demolition Waste covered by this Agreement will be disposed of by the Service Provider at a Landfill(s) chosen by the Service Provider in its sole discretion (the “Initial Landfill(s)”). In the event that the Service Provider is unable to use the Initial Landfill(s) due to reasons out of its control, the Service Provider (i) shall have the right, in its sole discretion, to dispose of the Municipal Solid Waste and Construction and Demolition Waste covered by this Agreement at another Landfill of its choosing, and (ii) shall have the right, upon giving prior notice to the Town, to increase the Initial Rates by an amount equal to the sum of (x) the amount, if any. that the disposal fees charged to the Service Provider at such other Landfill exceed those previously charged to the Service Provider at the Initial Landfill(s), and (y) the amount, if any, that the transportation costs incurred by the Service Provider in connection with transporting the Municipal Solid Waste and Construction and Demolition Waste to such other Landfill exceed those that would have been incurred by the Service Provider if such Municipal Solid Waste and Construction and Demolition Waste was transported to the Initial Landfill(s). D. Governmental Fees. The parties acknowledge that the rates herein include all applicable fees, taxes or similar assessments incurred under federal, state and local laws, rules and ordinances (excluding sales taxes and taxes imposed on Item 13 14 income) (the “Fees”). The parties acknowledge and understand that the Fees may vary from time to time, and, in the event any of such Fees are increased or additional Fees are imposed subsequent to the effective date of this Agreement, the parties agree that the rates herein shall be immediately increased by the amount of any such increase in Fees or additional Fees. E. Fuel Adjustment. The Service Provider shall adjust all the rates herein bi-annually for any six-month period beginning on August 1 and February 1 (each, an “Adjustment Date”) in which the average price of diesel fuel during the six-month period immediately preceding such Adjustment Date (“Averaging Period”) exceeded $2.00 per gallon (the “Base Price”). The average price of diesel fuel will be determined by reference to the U.S. Energy Administration/Department of Energy (“Department of Energy”) published price for diesel fuel - Gulf Coast Region. The following website (or any successor website) will be the source for such information: http://www.eia.gov/oog/info/wohdp/diesel_detail_report combined.asp. The average price of diesel fuel for each Averaging Period (each, a “Bi-Annual Average Price”) shall be the average of the weekly fuel prices published for each week during such Averaging Period. The fuel cost adjustment for any six-month period following each applicable Adjustment Date (each, a “Fuel Cost Adjustment”) shall be calculated in accordance with the formulas below. In the event the Bi-Annual Average Price is greater than the Base Price, the Fuel Cost Adjustment shall be an upward adjustment to all rates herein. In the event the Bi-Annual Average Price is less than the Base Price, the Fuel Cost Adjustment shall be a downward adjustment to all rates herein. Each Fuel Cost Adjustment shall be effective for the six-month period immediately following the Averaging Period for which such Fuel Cost Adjustment was determined. FORMULA FOR SINGLE-FAMILY RESIDENTIAL UNITS (EXCLUDING ROLL- OFF/COMPACTORS) Hours/week X # of routes X 4.3 weeks/month X 4 gals/hour X {Bi-Annual Average Price -Base Price) Number of Single-Family Residential Units Example: Assume that on February 1 the average price of diesel fuel for the Averaging Period beginning on August 1and ending on January 31 was $3.65 per gallon (Bi-Annual Average Price) and that the Service Provider used one (1) route for the collection of 1200 Single-Family Residential Units and that it took an average of 24 hours of driving each week for the Service Provider to finish the route. 24 X I X 4.3 X 4 X (3.65-2.00) 1200 Fuel Cost Adjustment per Single-Family Residential Unit = $0.57 per month, for the Item 13 15 six-month period beginning February 1 and ending on July 31. FORMULA FOR COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY UNITS (EXCLUDING ROLL-OFF/COMPACTORS) Hours/week X # of routes X 4.3 week/month X 4 gals/hour X <Bi-Annual Average Price- Base Price) Number of Commercial, Industrial, and Multi-Family Residential Units Example: Assume that on February 1 the average price of diesel fuel for the Averaging Period beginning on August 1 and ending on January 31 was $3.65 per gallon (Bi-Annual Average Price) and that the Service Provider used one (1) route for the collection of 50 Commercial, Industrial and Multi-Family Residential Units and that it took an average of 4 hours of driving each week for the Service Provider to finish the route. 4 X 1 X 4.3 X 4 X {3,65 -2.00) 50 Fuel Cost Adjustment per Commercial, Industrial, and Single-Family Unit = $2.27 per month, for the six-month period beginning February 1 and ending on July 31. FORMULA FOR ROLL-OFFS AND COMPACTORS Hours/haul X 4 gals/hour X (Bi-Annual Average Price- Base Price) Example: Assume that on February 1 the average price of for diesel fuel for the Averaging Period beginning on August 1 and ending on January 31 was $3.65 per gallon (Bi- Annual Average Price) and that the Service Provider hauled one (1) Roll-Off and that it took 2 hours of driving for the Service Provider to do the haul. 2 X 4 X (3.65 - 2.00) Fuel Cost Adjustment per Roll-Off Compactor = $13.20 per haul In the event that the Department of Energy stops reporting the average weekly price of diesel fuel during the term of this Agreement, then the Bi-Annual Average Price shall be the average weekly price of diesel fuel paid by the Service Provider for each week during such Averaging Period. SECTION 12. EXCLUSIONS Notwithstanding anything to the contrary contained herein, this Agreement shall not cover the collection, hauling, recycling or disposal of any Hazardous Waste, animal or human, Item 13 16 dead animals, auto parts, used tires, concrete, dirt, gravel, rock or sand from any Container provided by the Service Provider located at any Commercial, Industrial or Residential Unit; provided however, that the Service Provider and the owner or occupant of a Commercial, Industrial or Residential Unit may negotiate an agreement on an individual basis regarding the collection, hauling or disposal of Construction and Demolition Waste, auto parts, used tires, concrete, dirt, gravel, rock or sand by utilizing the Service Provider’s Roll-Off Services. SECTION 13. TERM OF AGREEMENT The term of this Agreement shall be for a period of two (2) years, commencing on February 1, 2017, and concluding on January 31, 2019. At the expiration of the initial term of this Agreement, the Agreement may be extended by the parties upon mutual written agreement, for four (4) additional two (2) year periods. SECTION 14. ASSIGNMENT This Agreement shall not be assignable, or otherwise transferable by the Service Provider, without the prior written consent of the Town; provided however, that the Service Provider may assign this Agreement to any direct or indirect affiliate or subsidiary of the Service Provider, or to any person or entity succeeding to all, or substantially all of the Service Provider’s assets (whether by operation of law, merger, consolidation or otherwise), without the Town’s consent. SECTION 15. ENFORCEMENT During the term of this Agreement and any extension thereof, the Town agrees to adopt and maintain ordinances, and revise existing ordinances, so as to enable the Service Provider to provide the Services set forth herein. The Town shall take any action reasonably necessary to prevent any other solid waste collection company from conducting business in violation of the exclusive franchise granted herein. If the Service Provider experiences recurring problems of damage or destruction to, or theft of, the Containers provided by the Service Provider, pursuant to this Agreement, the Service Provider may, prior to replacing or repairing such Containers, require security deposits from the Commercial, Industrial, or Residential Units utilizing such Containers. To the maximum extent allowed by applicable law, the Town also hereby grants to the Service Provider, the right of ingress and egress from and upon the property of Commercial, Industrial, and Residential Units for the purposes of rendering the Services contemplated hereby. SECTION 16. PROCESSING, BILLING AND FEES A. Monthly Statement for Residential Units. On a monthly basis, the Service Provider agrees to bill the Town the rates and fees charged under Sections 10. and 11., herein, for all Residential Units requiring the collection, hauling, and disposal of Municipal Solid Waste within the Town’s corporate limits (the “Monthly Statement”) Item 13 17 on or before the last day of the month for which such Services were provided, commencing on February 28, 2017. Thereafter, the Town will remit to the Service Provider in arrears an amount equal to such Monthly Statement. Such remittance shall be made by the Town on or before the 20th day of each month commencing on March 20, 2017. Along with each monthly remittance, the Town shall provide the Service Provider with a report indicating the number and rate of Residential Units which have been billed for that month. The Town shall be solely responsible for billing and collecting such rates and fees from all Residential Units possessing active utility accounts within the Town’s corporate limits, as well as from all other Residential Units requiring the collection, hauling and disposal of Municipal Solid Waste within the Town’s corporate limits. Nothing herein shall prohibit the Town from collecting sums in addition to those sums called for herein. B. Billings for Commercial, Industrial, and Multi-Residential Units. On a monthly basis, the Service Provider agrees to directly bill the Commercial, Industrial, and Multi- Residential Units the rates and fees charged under Sections 10. And 11., herein, for all Units requiring the collection, hauling, and disposal of Municipal Solid Waste within the Town’s corporate limits on or before the last day of the month for which such Services were provided, commencing on February 28, 2017. Thereafter, Service Provider will submit to the Town, a Monthly Statement indicating the number and rate of Commercial, Industrial, and Multi-Residential Units which have been billed for that month. C. Billings for Roll-Off Services. Notwithstanding the above, the Service Provider will bill and collect (i) the rates charged under Sections 10.C. and 10.F. from all Residential, Commercial, and Industrial Units for services performed with respect to Roll-Off Services (the “Roll-Off Billing”), plus (ii) an amount equal to five percent (5%) of the Roll-Off Billing, plus (iii) any applicable sales, use and service taxes. D. Taxes. In addition to the amounts billed and collected by the Town under Section 16.A., the Town shall also be responsible for billing, collecting and remitting/paying any and all sales, use and service taxes assessed or payable in connection with the Residential Municipal Solid Waste Services. The Service Provider shall be responsible for billing, collecting and remitting/paying any and all sales, use and service taxes assessed or payable in connection with All Roll-Off Services, and all Commercial, Industrial, and Multi-Residential Units. E. Bad Debt: Unpaid Rates/Fees. The Town agrees that payments owing to the Service Provider pursuant to this Agreement shall be based solely on the Services rendered by the Service Provider. The Service Provider shall not be held responsible for the collection of ‘‘bad debt” billed by and owed to Town for the Services. F. Franchise Fee. On a calendar quarterly basis, the Service Provider shall remit to the Town an amount equal to five percent (5%) of the gross receipts collected by the Service Provider from the Roll-Off Billing, and the Commercial, Industrial, and Item 13 18 Multi-Residential Units for the immediately preceding quarter’s Billing (the “Franchise Fee”). The Franchise Fee shall be remitted to the Town in arrears on a calendar quarterly basis, beginning on or before April 15, 2017. The initial remittance to the Town for the Franchise Fee shall only be for the months of February and March, 2017, such as to put the Service Provider on schedule to remit such Franchise Fee going forward on a calendar quarterly basis. G. Quarterly Reports. The Service Provider shall submit quarterly reports to the Town’s Finance Director, or other person designated by the Town, and shall include in such Quarterly Reports the tonnage of materials collected. Such Quarterly Reports shall be submitted within two (2) weeks of the last day of each calendar quarter. SECTION 17. SPILLAGE; HYDRAULIC LEAKS A. Spillage. It is understood and agreed that the Service Provider shall, if necessary, hand-clean all spillage resulting from its collection activities; however, the Service Provider shall not be required to clean up, collect, or dispose of any loose or spilled Municipal Solid Waste, Construction, and Demolition Waste, or Recyclable Materials, not caused by the Service Provider’s rendering of the Services; or be required to collect and dispose of any excess Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials placed outside of the Containers by any Commercial, Industrial, or Residential Unit. The Service Provider may report the location of such conditions to the Town, so that the Town can issue proper notice to the owner or occupant of the Commercial, Industrial, or Residential Unit, instructing the owner or occupant to properly contain such Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials. Should excess Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials continue to be placed outside of the Containers, the Town shall require the Commercial, Industrial, or Residential Unit to increase the frequency of collection of such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials, or require the Commercial, Industrial or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Section 10., herein, and shall be entitled to receive an extra collection charge for each additional Container requiring an extra collection. B. Hydraulic Leaks. Any equipment used by the Service Provider in the collection of garbage and other solid waste materials shall not be allowed to leak any hydraulic fluid and in the event of such leakage, the Service Provider shall hand cleaned or otherwise cleaned as soon as possible, and in no event later than the date on which such leakage occurred. Further, the Service Provider shall promptly notify the Town of any hydraulic fluid leak occurring in the Town. SECTION 18. NON-COLLECTION NOTICE AND FOLLOW-UP Item 13 19 A. Notice from the Service Provider. It is specifically understood and agreed that where the owner or occupant of a Commercial, Industrial or Residential Unit fails to timely place a Container as directed in Sections 4 through 6 herein, or is otherwise in violation of the Town’s ordinances and regulations, the Service Provider’s reasonable rules adopted hereunder or the provisions of this Agreement relating to the nature, volume or weight of Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials to be removed, the Service Provider may refrain from collecting all or a portion of such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials and will notify the Town within eight (8) hours thereafter of the reason for such non-collection. The Service Provider will also provide written notice to the Commercial, Industrial or Residential Unit of the reason for such non-collection, unless such non-collection is the result of the Commercial, Industrial or Residential Unit’s failure to timely place the Containers, Bulky Items or Bundles out for collection. Such written notice shall be attached to the Container or the uncollected Municipal Solid Waste, shall indicate the nature of the violation and shall indicate the correction required in order that such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials may be collected. B. Notice from a Commercial, Industrial, or Residential Unit. When the Service Provider is notified by an owner or occupant of a Commercial, Industrial, or Residential Unit, that Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials has not been removed from such Commercial, Industrial or Residential Unit, and where no notice of non-collection or a change in collection schedule has been received by the Town from the Service Provider, or the Service Provider has failed to collect Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials from the Commercial, Industrial, or Residential Unit without cause, as supported by notice as described herein, then the Service Provider will use all reasonable efforts to collect such Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials, on the day the missed collection is brought to the Service Provider’s attention; provided however, that if the Service Provider fails to make such collection on the same day that the Service Provider was notified of such miss, then the Service Provider shall make such collection no later than 12:00 p.m. on the following Business Day, and there shall be no charge to the Service Provider for any such original non-collection or late collection, so long as the Service Provider makes such collection within such time. SECTION 19. HOURS OF SERVICE For all the Services provided hereunder, the Service Provider’s hours of service shall be between 7:00 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 2:00 p.m. on Saturday. Except to the extent referenced herein, the Service Provider will not be required to provide service on weekends or Holidays, except during natural disasters or emergencies, and may, at its sole discretion, observe Holidays during the term of this Item 13 20 Agreement; provided, however, that the Service Provider shall provide such services on the immediately following business day. SECTION 20. CUSTOMER SERVICE The Service Provider shall field all inquiries and complaints from Commercial, Industrial and Residential Units relating to the collection, hauling, recycling and disposal of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials. The Service Provider shall give prompt and courteous attention to any inquiries and complaints and shall make reasonable efforts to resolve such inquiries and complaints. The Service Provider shall be responsible at all time for maintaining a log of complaints and shall, at the Town’s request, provide copies of all complaints indicating the date and nature of complaints and the manner and timing of resolutions. SECTION 21. COMPLIANCE WITH APPLICABLE LAW The Service Provider shall comply with all applicable federal and state laws regarding the collection, hauling, recycling, and disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, including existing and future laws that may be enacted, as well as any regulations reasonably passed by the Town that are not in derogation of this Agreement. Nothing in this Agreement shall be construed in any manner to abridge the Town’s right to pass or enforce necessary police and health regulations for the reasonable protection of its inhabitants. The Town shall have the right to make reasonable inspections of the Service Provider, in order to insure compliance with this Section 21. SECTION 22. VEHICLES AND EQUIPMENT Vehicles used by the Service Provider for the collection, hauling, recycling, and disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, shall be protected at all times, while in transit, to prevent the blowing or scattering of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials onto the Town’s public streets, or properties adjacent thereto, and such vehicles shall be clearly marked with the Service Provider’s name, in letters and numbers, not less than two (2) inches in height. All collection vehicles used by the Service Provider shall be washed and deodorized once per week. SECTION 23. DUE CARE AND PERFORMANCE MEASURES A. The Service Provider shall exercise due care and caution in providing the Services, so that the Town’s public and private property, including streets and parking areas, will be protected and preserved. B. As a breach of the service provided by this Agreement would cause serious and substantial damage to the Town and its occupants, and the nature of this Agreement would render it impracticable or extremely difficult to fix the actual Item 13 21 damage sustained by the Town by such breach, it is agreed that in case of breach of service, the Town may elect to collect liquidated damages as specified below and not as a penalty, the amounts set forth below, such sums being agreed as the amount which the Town will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies the Town may have as to any subsequent breach of service under this Agreement. A truck beginning residential collections $100 per day per truck prior to 4:00 a.m. unless subject to applicable exception Failure to collect missed collections $5.00 each within one business day of notification to Contractor (except to the extent resulting from an event of force majeure) Repetition of complaints on a route after notification $10.00 each of spilling, non-collection, crossing planted areas, or similar violations for a specific address within a ninety (90) day period, where the Service Provider has been at fault SECTION 24. PERSONNEL AND PERFORMANCE STANDARDS The Service Provider shall not deny employment to any person on the basis of race, creed, religion, or other legally protected status, and will insure that all federal and state laws pertaining to salaries, wages, and operating requirements are met or exceeded. The Service Provider, its agents, servants and employees shall perform the Services in a courteous, competent, and professional manner. During the term of this Agreement, and any extension thereof, the Service Provider shall be responsible for the actions of its agents, servants, and employees, while such agents, servants, and employees are acting within the scope of their employment or agency. SECTION 25. INSURANCE COVERAGE Pursuant to this Agreement, the Service Provider shall carry the following types of insurance in an amount equal to or exceeding the limits specified below: Item 13 22 Coverage Limits of Liability Worker’s Compensation Statutory Employer’s Liability $500,000 Bodily Injury Liability (except automobile) $1,000,000 per occurrence; $2,000,000 in the aggregate Property Damage Liability (except automobile) $1,000,000 per occurrence; $2,000,000 in the aggregate Automobile Bodily Injury Liability $1,000,000 per person; $1,000,000 per occurrence Automobile Property Damage Liability $1,000,000 per occurrence Excess Umbrella Liability $5,000,000 per occurrence To the extent permitted by law, any or all of the insurance coverage required by this Section 25 may be provided under a plan(s) of self-insurance, including coverage provided by the Service Provider’s parent corporation. Prior to the beginning of the Services under this Agreement, or prior to any extension or renewal thereof, the Service Provider shall furnish the Town with a certificate of insurance verifying the insurance coverage required by this Section 25. The Service Provider shall provide the Town with at least thirty (30) days’ written notice prior to any cancellation or termination of insurance policies required herein. A. All insurance and certificate(s) of insurance shall contain the following provisions: 1) Name the Town, its officers, agents, representatives, and employees as additional insureds as to all applicable coverage with the exception of workers compensation insurance. 2) Provide for a waiver of subrogation against the Town for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. B. Insurance Company Qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A-” by AM Best or other equivalent rating service. Item 13 23 SECTION 26. INDEMNITY To the extent covered by applicable insurance, the Service Provider assumes all risks of loss, or injury to property or persons, caused by its performance of the Services. The Service Provider agrees to indemnify and hold harmless the Town and its agents, directors, employees, officers, and servants from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, liabilities, losses or expenses (including, but not limited to, reasonable attorneys’ fees) caused by a willful or negligent act or omission of the Service Provider, its officers, and employees. However, the Service Provider shall not be liable for any legal proceedings, claims, demands, damages, costs, expenses, and attorneys’ fees caused by a willful or negligent act or omission of the Town, its agents, directors, employees, officers, and servants. SECTION 27. SAVINGS PROVISION In the event that any term or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall, to the extent reasonably possible, remain in force as to the balance of its terms and provisions, as if such invalid term or provision were not a part, hereof. SECTION 28. TERMINATION Any failure by either party, or its successors and assigns, to observe the terms and conditions of this Agreement shall, if continuing or persisting without remedy for more than thirty (30) days after the receipt of due written notice from the other party, constitute grounds for forfeiture and immediate termination of all the defaulting party’s rights under this Agreement, and all such rights shall become null and void. SECTION 29. FORCE MAJEURE The performance of this Agreement may be suspended, and the obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes, beyond reasonable control of such party. The performance of this Agreement will be suspended, and the obligations hereunder excused, only until the condition preventing performance is remedied. Such conditions shall include, but not be limited to, acts of God, acts of war, accident, explosion, fire, flood, riot, sabotage, acts of terrorists, unusually severe weather, lack of adequate fuel, or judicial or governmental laws or regulations. SECTION 30. GOVERNING LAW This Agreement shall be governed in all respects, including as to validity, interpretation, and effect, by the laws of the State of Texas, without giving effect to the conflict of laws rules thereof. The parties hereby submit to the jurisdiction of the courts of the State of Texas, and the Federal courts of the United States located in the State of Texas, solely in respect of the interpretation and enforcement of the provisions of this Agreement, and Item 13 24 hereby waive, and agree not to assert, as a defense in any action, suit, or proceeding for the interpretation or enforcement hereof, that it is not subject thereto, or that such action, suit or proceeding may not be brought, or is not maintainable in said courts, or that the venue thereof, may not be appropriate, or that this Agreement may be enforced, in or by said courts, and the parties hereto, agree that all claims with respect to such action or proceeding shall be heard and determined in such a Texas State or Federal court. The parties hereby consent to, and grant any such court jurisdiction over the person of such parties, and over the subject matter of any such dispute, and agree that mailing of process or other papers in connection with any such action, or proceeding to the addresses of the parties listed below, or in such other manner as may be permitted by law, shall be valid and sufficient service thereof. SECTION 31. ATTORNEYS’ FEES The prevailing party in any dispute between the parties, arising out of the interpretation, application, or enforcement of any provision hereof, shall be entitled to recover all of its reasonable attorneys’ fees and costs, whether suit be filed or not, including without limitation costs and attorneys’ fees related to, or arising out of any trial or appellate proceedings. SECTION 32. DAMAGE TO PAVEMENT The Town warrants that the public pavement, curbing or other driving surface or any right of way reasonably necessary for the Service Provider to provide the services described herein within the Town are sufficient to bear the weight of all of the Service Provider’s equipment and vehicles reasonably required to perform such services. The Service Provider will not be responsible for damage to any such pavement, curbing, driving surface or right of way, and the Town agrees to assume all liabilities for such damages, which results from the weight of the Service Provider’s vehicles providing service within the Town, except to the extent resulting from the negligence or willful misconduct of the Service Provider. SECTION 33. ACCEPTANCE PASSED AND APPROVED BY THE TOWN OF PROSPER COUNCIL MEETING AT A TIME AND PLACE IN COMPLETE CONFORMITY WITH THE OPEN MEETING LAWS OF THE STATE OF TEXAS AND ALL OTHER APPLICABLE LAWS THIS 25TH DAY OF OCTOBER, 2016. Item 13 25 PROGRESSIVE WASTE SOLUTIONS OF TEXAS, INC., DBA WC OF TEXAS 3 Waterway Square Place, Suite 110 The Woodlands, TX 77380 By: _______________________ Name: Robert A. Nielsen, III Regional Vice President TOWN OF PROSPER 121 W. Broadway Prosper, TX 75078 By: __________________________ Name: Ray Smith, Mayor Item 13