11.24.20 Town Council Regular Meeting Packet
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Prosper is a place where everyone matters.
Notice Regarding Public Participation
Governor Greg Abbott has granted a temporary suspension of certain rules to allow for telephone
or videoconference public meetings in an effort to reduce in-person meetings that assemble large
groups of people, due to the COVID-19 public health emergency.
Individuals may attend the Prosper Town Council meeting in person, or access the meeting via
videoconference, or telephone conference call.
Join the Zoom Meeting by clicking on the following link:
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Enter Meeting ID: 87047432329
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The meeting moderator will acknowledge your request and allow you to speak.
To join the meeting by phone, dial (346) 248-7799
Enter Meeting ID: 87047432329
To request to speak, enter *9, and *6 to mute/unmute yourself. The meeting moderator will
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your name and address before beginning your comments. Please limit your comments to three
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If you encounter any problems joining or participating in the meeting, please call our help
line at 972-569-1191 for assistance.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Present Oaths of Office and Certificates of Election to Amy Bartley and Jeff Hodges.
(ML)
2. Present a Proclamation and a Plaque of Appreciation to Mayor Pro-Tem Curry
Vogelsang, Jr. (ML)
3. Presentation of a Proclamation and a Blue Star Flag to the family of a crew member
of the SpaceX Crew Dragon who is currently deployed to the International Space
Station. (RB)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 24, 2020
5:45 PM
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4. Grant Summary and Review (KB)
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.
5. Consider and act upon the minutes from the November 10, 2020, Town Council
Meeting. (ML)
6. Consider and act upon the minutes from the November 14, 2020, Town Council
Special Called Meeting. (ML)
7. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Valley View Consulting, L.L.C., and the Town of
Prosper, Texas, related to Investment Advisory services. (BP)
8. Consider and act upon awarding RFP No. 2021-14-B for stop loss Insurance for
Town self-insurance fund, effective January 1, 2021, and authorizing the Town
Manager to execute all documents for the same. (JE)
9. Consider and act upon a resolution adopting the Town of Prosper 2021 Legislative
Agenda. (RB)
10. Consider and act upon approving the purchase of one ambulance from Professional
Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles,
through the Texas Local Government Purchasing Cooperative; and authorizing the
Town Manager to execute related documents for the same. (SB)
11. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement for the use of the Frisco radio communications system. (SB)
12. Consider and act on an ordinance amending Section 3.19.001, “Fence Requirements,”
of Article 3.19, “Fence Regulation,” of Chapter 3, “Building Regulations,” of the Town’s
Code of Ordinances by adding a new subsection regarding fencing on certain adjacent
unplatted tracts. (JW)
13. Consider and act upon authorizing the Town Manager to execute Contract
Amendment #1 to the Professional Services Agreement between Teague Nall and
Perkins, Inc., and the Town of Prosper, Texas, related to the design of the Fishtrap
Road from Stuber Elementary School to the Dallas North Tollway project. (HW)
14. Consider and act upon authorizing the Town Manager to execute Contract
Amendment #1 to the Professional Services Agreement between Teague Nall and
Perkins, Inc., and the Town of Prosper, Texas, related to the design of the First Street
from Coit Road to Custer Road project. (HW)
15. Consider and act upon awarding CSP No. 2021-16-B to Reliable Paving, Inc., related
to construction services for the Coit Road at US 380 Paving and Striping
Improvements project; and authorizing the Town Manager to execute a construction
agreement for same. (HW)
16. 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
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action taken by the Planning & Zoning Commission on any Site Plan or Preliminary
Site Plan. (AG)
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, or request to address
the Council via videoconference or telephone.
REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened.
For individuals wishing to speak on a non-public hearing item, they may either address the Council
during the Citizen Comments portion of the meeting or when the item is considered by the Town
Council.
Items for Individual Consideration:
17. Consider and act upon approving a resolution supporting U.S. Highway 380 as a
Controlled Access Highway and strongly opposing the consideration of the Gold or
Brown Alternative Segment B alignments as presented by TxDOT on October 12 and
29, 2020, due to the negative impacts on existing and future development within the
southeast quadrant of the Town of Prosper since the alternative alignments are
inconsistent with the Town’s Thoroughfare Plan and current alignment of said
highway. (RZ)
18. Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for an auto
parts retail store (AutoZone), on 1.0± acre, located on the east side of Preston Road,
north of Prosper Trail. The property is zoned Planned Development-68 (PD-68). (D20-
0028). (AG)
19. Consider and act upon authorizing the Town Manager to execute a First Amended
Development Agreement between MQ Prosper Retail LLC and the Town of Prosper,
Texas, related to the Shops at Prosper Trail retail development. (AG)
20. Discussion on Outdoor Lighting Standards. (JW)
21. Discussion on the Town’s Stormwater Drainage Management Program. (DH)
22. Update and give direction on the Downtown Monument located at Preston Road and
Broadway Street. (DR)
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 - To discuss and consider personnel matters and all matters
incident and related thereto.
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Section 551.074 - To discuss and consider election of Mayor Pro-Tem and Deputy
Mayor Pro-Tem.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, and Planning & Zoning Commission.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Items for Individual Consideration:
23. Consider and act upon an ordinance rezoning 10.0± acres from Downtown
Commercial (DTC) to Planned Development-Multifamily (PD-MF), located on the
northeast corner of Fifth Street and the BNSF Railroad. (Z20-0005). (AG)
24. Consider and act to authorize the Town Manager to execute a Development
Agreement between BBG Investments, Inc., and the Town of Prosper, Texas, related
to the Downtown Loft Multifamily development. (AG)
25. Consider and act upon an ordinance repealing Ordinance No. 2020-05 and adopting
a new Neighborhood Empowerment Zone Number 1 to promote economic
development in the Zone. (AG)
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, November 20, 2020, and remained so posted at least 72 hours before said meeting was
convened.
_______________________________ _________________________
Melissa Lee, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:48 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon (arrived at 6:53 p.m. via phone)
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Jeff Hodges
Councilmember Meigs Miller
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Melissa Lee, Town Secretary
Robyn Battle, Executive Director of Community Services
Chuck Springer, Executive Director of Administrative Services
Betty Pamplin, Finance Director
January Cook, Purchasing Manager
Rebecca Zook, Executive Director of Development & Infrastructure Services
John Webb, Development Services Director
Hulon Webb, Engineering Services Director
Dan Heischman, Assistant Director of Engineering Services - Development
Alex Glushko, Planning Manager
Frank Jaromin, Director of Public Works
Leigh Johnson, Director of Information Technology
Dudley Raymond, Director of Parks and Recreation
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Jason McConnell, Prosper United Methodist Church, led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Ray read the announcements.
The Town Council would like to thank everyone who participated in the Light The Town Red
campaign. Residents and businesses across Town showed their appreciation to our Fire
Department staff by lighting their homes and businesses in red during Fire Prevention Month.
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 10, 2020
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Item 5.
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The November 3 election brought record voter turnout in the Town of Prosper and across the
country. Approximately 80% of registered voters cast their vote during Early Voting and
Election Day for Town Council Place 3 and Place 5, the three bond propositions, and the two
local option election propositions. Final election results will be certified by the Town Council on
November 17. We appreciate everyone who took the opportunity to exercise their right to vote.
Tomorrow is November 11th, which is a day where we honor all veterans who have served our
country in war or peace. Veterans Day is an opportunity to pay special recognition to the men
and women who protect our freedoms, and to honor their patriotism, love of country, and
willingness to serve and sacrifice for the common good. Thank you for your service.
Early Voting for the Senate District 30 Runoff Election will be held December 9th-December 15th.
Election Day is December 19th. Prosper voters who live in Collin County may vote at Town Hall
for Early Voting and Election Day. Denton County voters may vote at any Denton County early
voting location, and at Aubrey City Hall on Election Day. Please check the Town’s Facebook
page, or the Collin County or Denton County Election websites for more information.
The Prosper Police Department welcomed their newest staff members at a swearing-in
ceremony this afternoon. Officer Aaron Lopez, Officer Joseph Buttery, Officer Dustin Suitors,
Officer McKenzie Morrison, Officer Lauren Steadman, and Officer Sam Walkiewicz are the most
recent additions to the Prosper PD staff. Corporal Seth Cockerham, Corporal Zach Carter,
Sergeant Preston Robinson, Lieutenant Ron Castro, and Lieutenant Paul Boothe were also
recognized for their recent promotions. Congratulations to all.
Councilmember Andres mentioned Mr. and Mrs. Glover of Prosper whose son Victor Glover will
be among the crew of four astronauts that will launch the SpaceX this Sunday from NASA’s
Kennedy Space Center.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
1. Consider and act upon the minutes from the October 27, 2020, Town Council
Meeting. (ML)
2. Receive the September Financial Report. (BP)
3. Receive the Quarterly Investment Report. (BP)
4. Consider and act upon Ordinance 2020-80 amending Ordinance No. 2020-71 (FY
2020-2021 Budget). (BP)
5. Consider and act upon authorizing the Town Manager to accept a grant award
from the Department of Justice through the State of Texas Office of the
Governor. (DK)
6. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between David C. Baldwin Inc., d/b/a DCBA
Landscape Architecture, and the Town of Prosper, Texas, related to the design
of the Coleman Street Median Landscaping (Talon – Victory) project. (HW)
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Item 5.
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Councilmember Ray removed Item 7 from the Consent agenda.
Councilmember Miller made a motion and Councilmember Hodges seconded the
motion to approve Items 1 - 6 on the Consent agenda.
The motion was approved by a vote of 6 - 0.
7. Consider and act upon approving Change Order Number 01 for Bid 2020-57-B to
Accelerated Critical Path, Inc., related to construction services for the Church
Street and Parvin Street Sanitary Sewer and Drainage Improvements and Old
Town Retention Pond projects; and authorizing the Town Manager to execute
Change Order Number 01 for same. (HW)
Councilmember Ray discussed a notation regarding the donated land that the pipeline
will be installed and if the paperwork will be in place when construction starts. Hulon
Webb, Engineering Services Director, confirmed the easement paperwork is currently
in place.
Councilmember Ray made a motion and Councilmember Andres seconded the motion
to approve Change Order Number 01 for Bid 2020-57-B to Accelerated Critical Path,
Inc., related to construction services for the Church Street and Parvin Street Sanitary
Sewer and Drainage Improvements and Old Town Retention Pond projects; and
authorizing the Town Manager to execute Change Order Number 01 for same.
The motion was approved by a vote of 6 – 0.
CITIZEN COMMENTS
Cary Carroll, 4271 Fisher Rd, Prosper, spoke on lot to lot drainage occurring on his property
and discussions he has had in the past with Town Staff on this issue.
REGULAR AGENDA:
Items for Individual Consideration:
8. Consider and act upon Resolution 2020-81 to adopt the Hike and Bike Trail
Master Plan. (DR)
Paul Naughton, Senior Park Planner, provided an overview of the Hike and Bike Trail
Master Plan development process. The Town Council approved funding for the
development of a Hike and Bike Trail Master Plan in the FY 2018-2019 Budget, and
an agreement with Halff Associates in August 2019. This is the Town’s first detailed
Hike and Bike Trail Master Plan. The Plan uses the existing information about hike
and bike trail routes that was contained in the 2015 Parks, Recreation and Open Space
Master Plan.
A Hike and Bike Trail Steering Committee made up of Town Council, Planning &
Zoning and Parks and Recreation Board members and citizens at large was formed to
help oversee the development of the plan. Halff and Associates presented information
to the Steering Committee at three meetings. In addition to these meetings, a Public
Input Meeting was held to allow residents to give feedback on the development of the
plan and inform them of the upcoming online survey. The public meeting had
approximately 60 people in attendance.
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Item 5.
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Park staff was approached by residents of Steeple chase, about their concern
regarding a section of hike and bike trail that is shown going through their gated
community. This section of trail was shown in the 2015 Parks, Recreation and Open
Space Master Plan, and it does appear in the 2007 Parks, Recreation and Open Space
Master Plan as well. Staff met with the neighborhood representatives and discussed
removing the section of trail. Staff reviewed the segment, and would be in support of
removing the segment, as it doesn’t affect the overall integrity or viability of the trail
network in the Town.
Town Council discussed the development process regarding trail network connectivity,
the distribution of 10 ft. wide lanes throughout the system, the results of the online
public survey, and trail lighting.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Ray
seconded the motion to approve Resolution 2020-81 to adopt the Hike and Bike Trail
Master Plan as amended to include the removal of trail segment through Steeple
chase.
The motion was approved by a vote of 6 - 0.
9. Conduct a Public Hearing and consider and act upon a request for a Specific
Use Permit (SUP) for a Day Care Center (Prosper United Methodist Church), on
42.6± acres, located on the northwest corner of Coleman Street and Preston
Road. The property is zoned Single Family-12.5 (SF-12.5). (S20-0001). (AG)
Alex Glushko, Planning Manager, provided information on the request intended to
allow for a day care for Prosper United Methodist Church. The church currently
operates a day care for 85 students at their existing location on Church Street. The
church is requesting a SUP to allow for a continuation of the use at their future campus
location on Coleman Street, west of Preston Road. Construction of the new campus
is expected to commence in 2021. Mr. Glushko presented the proposed layout, which
consists of a one-story, 69,957 square-foot building. The depicted number of off-street
parking spaces and outdoor play area meet the minimum standards of the Zoning
Ordinance.
Exhibit D as presented shows a conceptual rendering depicting the architectural
appearance and style of the building. The conceptual design meets the non-residential
design and development standards of the Zoning Ordinance. In conjunction with a
Development Agreement related to right-of-way dedication and hike and bike trail
construction, the applicant has agreed to include the proposed building elevations
proposed in conjunction with the SUP.
Town Council discussed the Development Agreement related to right-of-way
dedication and hike and bike trail construction.
Mayor Smith opened the public hearing.
With no one speaking, Mayor Smith closed the public hearing.
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Item 5.
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After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember
Hodges seconded the motion to approve request for a Specific Use Permit (SUP) for
a Day Care Center (Prosper United Methodist Church), on 42.6± acres, located on the
northwest corner of Coleman Street and Preston Road , subject to approval of a
Development Agreement, including building elevations consistent with Exhibit D.
The motion was approved by a vote of 6 - 0.
10. Conduct a Public Hearing and consider and act upon a request to rezone 1.9±
acres from Commercial Corridor (CC) to Planned Development-Office (PD-O), to
allow for a Convenience Store w ith Gas Pumps (QuikTrip), located on the
southwest corner of the Dallas Parkway and Fishtrap Road. (Z20-0016). (AG)
Alex Glushko, Planning Manager, provided an overview of the request to rezone 1.9±
acres from Commercial Corridor (CC) to Planned Development-Office (PD-O) allowing
for the development of a convenience store with gas pumps (QuikTrip). In order to
facilitate the proposed development, the applicant is proposing modifications to the
Town’s development standards.
Staff recommends the Town Council deny the rezoning request. However, if the Town
Council determines a convenience store with gas pumps is an appropriate use on the
subject property, staff recommends the this item be tabled indefinitely in order to allow
sufficient time to address all Engineering and Fire requirements, as well as to
incorporate the entire 14.1± acre tract into the proposed PD rezoning request.
Jake Petras, Real Estate Manager at Quik Trip, spoke on the site being appropriate
for this type of development and the constraints of developing flood plain land for this
site. Rob Daake, representing Tollway Fish trap Partners, LLC, expanded on the
constraints of developing flood plain land, and discussed flood plain flow. Mr. Daake
discussed the positive impacts of a convenience store in this location.
Mayor Smith opened the public hearing.
William Cook, 201 East 5th Street, spoke in opposition to this item, noting a
convenience store was not an appropriate use for this property.
With no one else speaking, Mayor Smith closed the public hearing.
After discussion, Councilmember Miller made a motion and Councilmember Andres
seconded the motion to table Item 10 indefinitely.
The motion was approved by a vote of 7 – 0.
11. Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for an auto
parts retail store (AutoZone), on 1.0± acre, located on the east side of Preston
Road, north of Prosper Trail. The property is zoned Planned Development-68
(PD-68). (D20-0028). (AG)
Mayor Smith opened Items 11 & 12 concurrently.
Alex Glushko, Planning Manager, provided and overview of the Site Plan, Landscape
Plan, and Façade Plan for an auto parts retail store (AutoZone), located on the east
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Item 5.
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side of Preston Road, north of Prosper Trail. At the October 13, 2020, Town Council
meeting, this item was tabled to the November 10, 2020, meeting, in order to allow
additional time to evaluate the rear view and reorientation of the AutoZone building.
In December 2019, Planned Development-68 (PD-68) for the Shops at Prosper Trail
was amended to modify the layout of Lots 6-8 and to allow for flat roof architecture for
AutoZone on Lot 7. In conjunction with the rezoning request, building elevations for
AutoZone were included with PD-68, and a Development Agreement related to
building materials and design. The building elevations in PD-68 and the Development
Agreement depict the front of the proposed AutoZone building facing westward, toward
Preston Road. With this request the applicant is proposing to reorient the building
such that the rear of the building faces Preston Road.
The Site Plan shows the proposed 6,925 square-foot AutoZone building, the
Landscape Plan show the proposed landscaping, and the Façade Plan shows the flat
roof architecture. Access is provided from Preston Road through the development.
The depicted number of off-street parking spaces meets the minimum standards of
the Zoning Ordinance. The Site Plan, Landscape Plan, and Façade Plan conform to
the PD-68 development standards.
12. Consider and act upon authorizing the Town Manager to execute a First
Amended Development Agreement between MQ Prosper Retail LLC and the
Town of Prosper, Texas, related to the Shops at Prosper Trail retail development.
(AG)
Mr. Glushko continued with reviewing the First Amended Development Agreement
between MQ Prosper Retail LLC and the Town of Prosper, Texas, related to the Shops
at Prosper Trail retail development. In December 2019, Planned Development-68
(PD-68) for the Shops at Prosper Trail was amended to modify the layout of Lots 6-8
and to allow for flat roof architecture for AutoZone on Lot 7. Approval of the rezoning
request was subject to approval of a Development Agreement related to exterior
building materials and architectural design. A Development Agreement was prepared
accordingly and approved by the Town Council.
The approved Development Agreement depicted the front of the proposed AutoZone
building facing westward, toward Preston Road. However, when the Site Plan
application was received by the Town, it depicted the building facing eastward, toward
the interior of the development rather than Preston Road. While the Zoning Ordinance
allows the Site Plan to be approved with a reorientation of the building, the
Development Agreement is required to be amended. With this request the applicant
is proposing to amend the Development Agreement to allow for the reorientation of
the AutoZone to face eastward. The applicant has included a line-of-sight exhibit
depicting the look of the rear of the building from Preston Road
Council discussed building orientation, the rear elevation of the building, and the
overall aesthetic of the building in the renderings presented.
After discussion, Councilmember Miller made a motion and Councilmember Andres
seconded the motion to table Item 11 until the November 24, 2020, Town Council
meeting.
The motion was approved by a vote of 7 – 0.
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Item 5.
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Councilmember Miller made a motion and Councilmember Andres seconded the
motion to table Item 11 until the November 24, 2020, Town Council meeting.
The motion was approved by a vote of 7 – 0.
13. Discussion on proposed remodel of Central Fire Station. (SB)
Stuart Blasingame, Prosper Fire Chief, discussed with Town Council the Central Fire
Station that is now in its 17th year. As with all buildings, the station is starting to show
wear in multiple areas. Staff was directed to get preliminary estimates for discussion,
which was presented to Town Council during the September 8, 2020, Council meeting.
During this meeting, it was requested by Council to move forward with obtaining actual
quotes and to look at any other areas in immediate need of repair or replacement and
bring the requested updates back to council in a future meeting. Staff met with multiple
contractors and obtained the necessary quotes. If Town Council provides feedback in
favor of moving forward with the remodel project, a budget amendment will be
requested on the November 24th council meeting.
Town Council was in favor of moving forward with the remodel project.
14. Discussion on Town of Prosper Legislative Agenda. (RB)
Robyn Battle, Executive Director of Community Services, discussed with Council the
proposed Legislative Agenda. Mrs. Battle reviewed issues that have been previously
identified by the Town Council as top priorities for the Town, as well as
recommendations from Town staff. The Legislative Agenda is comprised of three
sections. The Legislative Philosophy explains the overall purpose and guiding
principles of the document. The Legislative Initiative section describes specific
legislation the Town intends to pursue to remove the $1.5 million cap on the use of
competitive sealed proposals for horizontal projects. The Legislative Priorities section
establishes the Town’s position on key legislative issues.
The Legislative Agenda is to be used as a communication tool with the Town’s
legislative delegation and others to clearly explain the Town’s posit ion on critical
issues. It is intended to provide guidance to the Town’s legislators on how they can
best represent Town of Prosper residents and stakeholders in the upcoming legislative
session. Mrs. Battle provided Town Council a proposed timeline.
Town staff seeks direction and feedback from the Council on the proposed Legislative
Agenda. The final Legislative Agenda will be presented for Council approval at the
November 24, 2020, Town Council meeting.
Town Council suggestions included Senate Bill 29, relating to the use by a political
subdivision of public money for lobbying and certain other activities, and House Bill
2439, relating to certain regulations adopted by governmental entities for the building
products, materials, or methods used in the construction or renovation of residential
or commercial buildings.
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:
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Item 5.
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Section 551.087 – To discuss and consider economic development incentives.
Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
Section 551-074 - To discuss and consider personnel matters and all matters
incident and related thereto.
Section 551.074 - To discuss and consider election of Mayor Pro-Tem and
Deputy Mayor Pro-Tem.
Section 551-071 - Consultation with the Town Attorney regarding legal issues
associated with permitting requirements authorized in the Town’s Subdivision
Ordinance, contained in Chapter 10 of the Code of Ordinances, and in the
Town’s Building Regulations, contained in Chapter 3 of the Code of Ordinances,
and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:49 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 8:39 p.m.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting
15. Discussion on the Town’s Stormwater Drainage Management Program. (DH)
Town Council did not discuss Item 15.
16. Discussion on Lot to Lot Drainage (RZ)
Rebecca Zook, Executive Director of Development & Infrastructure Services,
discussed with Council lot to lot drainage beginning with subdivision development
design standards and the process of completed construction being accepted by the
Town. Mrs. Zook discussed the homeowner complaint process and the responsibility
of the Town regarding lot to lot drainage issues.
Town Council discussed the citation process and the responsibility of the Town
regarding lot to lot drainage issues.
17. Discussion on Public Information Requests. (RB)
Robyn Battle, Executive Director of Community Services, provide an overview of the
Public Information Request process. The Town is required to provide responsive
documents within the confines of the Act, respond within ten business days, and act
in good faith. The Town is not required to answer questions, do research, compile
statistics or create new documents. The Town may request clarification of an unclear
request or request narrowing of an overly broad request. The Town may not inquire
as to the purpose of the request or verify the identity of the requestor, except to
establish right of access.
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Item 5.
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Town Council discussed attorney client privilege and establishing identification of the
requestor.
Adjourn.
The meeting was adjourned at 9:29 p.m. on Tuesday, November 10, 2020.
These minutes approved on the 24th day of November 2020.
APPROVED:
Ray Smith, Mayor
ATTEST:
Melissa Lee, Town Secretary
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Item 5.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 7:08 a.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr. (arrived at 8:35 a.m.)
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres (departed at 9:10 a.m.)
Councilmember Jeff Hodges
Councilmember Meigs Miller
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Executive Director of Community Services
Call to Order/ Roll Call.
1. Strategic Planning Discussion.
Mayor Smith called the meeting to order. Town Manager Harlan Jefferson briefed the Council
on the progress made on the Town Council Major Initiatives since the last quarterly discussion.
The Council discussed changes to the format and content for the annual Strategic Planning
Session to be held in February 2021.
Mr. Jefferson updated Council on staff’s recommendations for the first three bond projects to
be initiated as a result of the bond propositions passing earlier this month. The council agreed
with the recommendation. Town staff was directed to obtain updated information on future
school construction, and a summary of all land acquisition that will be necessary for the bond
projects.
The Council was briefed on efforts to improve broadband service in Town, and negotiations
between the Town and Prosper ISD on facility use agreements and building permit fees. The
Council agreed to proceed with Town representatives holding meetings with the Town’s
legislative delegation.
Mr. Jefferson briefed the Council on Oncor’s proposed substation and the proposed locations.
Council directed staff to maintain the Town’s height requirement of 40 feet if Oncor wants to
proceed with the request.
Minutes
Prosper Town Council
Special Called Meeting
Executive Conference Room
Prosper Town Hall
250 W. First Street, Prosper, Texas
Saturday, November 14, 2020
Page 14
Item 6.
Page 2 of 2
The Council discussed future development in downtown Prosper and agreed that the Town
needs a vision for this area. The Council will hold a joint meeting with the Prosper Economic
Development Corporation on December 16 to hear a proposal for the Downtown Master Plan.
Discussion continued on a potential Dallas North Tollway (DNT) Overlay District. More
discussion is needed to develop a vision for this area and the U.S. 380 corridor, and what
efforts the Town should undertake to attract potential developers.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government
Code, as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of
real property for municipal purposes and all matters incident and related thereto.
Section 551-074 - To discuss and consider personnel matters and all matters
incident and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Executive Session was not held.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Adjourn.
The meeting was adjourned at 10:10 a.m. on Saturday, November 14, 2020.
These minutes approved on the 24th day of November 2020.
APPROVED:
Ray Smith, Mayor
ATTEST:
Melissa Lee, Town Secretary
Page 15
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Betty Pamplin, Finance Director
Through: Harlan Jefferson, Town Manager
Chuck Springer, Executive Director of Administrative Services
Re: Tow n Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Services
Agreement between Valley View Consulting, L.L.C., and the Town of Prosper, Texas, related to
Investment Advisory services. (BP)
Description of Agenda Item:
The Town recently issued a Request for Proposal for Investment Advisory Services. This service
was discussed with the Town’s Finance Committee at the September 30, 2020 meeting with a
recommendation to issue a Request for Proposal. Nine proposals were received and after
evaluation of the proposals the recommendation of the evaluation committee is to enter into an
agreement with Valley View Consulting, L.L.C. This contract will provide services of cash flow
forecasting, investment reporting, investment strategy recommendations, collateral management,
and assistance in clearing of investment purchases. The Town’s Director will still have full control
over all investment purchases and investment decisions. Due to the economies of scale with
Valley View Consulting, L.L.C., the Town will have access to additional investment opportunities.
It is anticipated that the increase in interest earnings will offset the cost of these services.
Budget Impact:
The annual fee is projected to be approximately $30,911.46, but the actual cost is dependent on
the Town’s total investment portfolio assets. These costs will be allocated to each Town Fund
based on their annual interest earnings.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the Professional
Services Agreement as to form and legality.
Attached Documents:
1. Evaluation Matrix
2. Professional Services Agreement
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 16
Item 7.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Services Agreement between Valley View Consulting, L.L.C., and the Town of
Prosper, Texas, related to Investment Advisory Services.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Services Agreement between
Valley View Consulting, L.L.C., and the Town of Prosper, Texas, related to Investment Advisory
Services.
Page 17
Item 7.
RFP NO. 2021-12-A
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Services Offered and Overall Ability to
Meet the Town's Objectives
50%6.67 3.33 7.00 3.50 6.33 3.17 5.33 2.67 6.67 3.33 6.33 3.17 5.33 2.67 4.67 2.33 7.67 3.83
Approach to Management of Investment
Portfolio and References
25%4.00 1.00 6.63 1.66 4.75 1.19 3.50 0.88 5.50 1.38 4.75 1.19 4.50 1.13 4.50 1.13 8.00 2.00
Cost Proposal 25%3.87 0.97 7.96 1.99 7.17 1.79 3.75 0.94 9.22 2.30 7.50 1.88 7.70 1.93 10.00 2.50 8.35 2.09
TOTAL 100%5.30 7.15 6.15 4.48 7.01 6.23 5.72 5.96 7.92
VALLEY VIEW
CONSULTING
MORETON ASSET
MANAGEMENT
PATTERSON &
ASSOCIATES
PUBLIC TRUST
ADVISORS, LLC
TCG GROUP
HOLDINGS, LLP
TIME VALUE
INVESTMENTS
INVESTMENT ADVISORY SERVICES
EVALUATION MATRIX CHANDLER ASSET
MANAGEMENT
HILLTOP SECURITIES
ASSET MANAGEMENT,
LLC
MEEDER INVESTMENT
MANAGEMENT
Attachment 1
Page 18
Item 7.
1
AGREEMENT
BY AND BETWEEN
THE TOWN OF PROSPER, TEXAS
AND
VALLEY VIEW CONSULTING, L.L.C.
It is understood and agreed that the Town of Prosper (the Investor) will have from time to time
money available for investment (the Investable Funds) and Valley View Consulting, L.L.C. (the
Advisor) has been requested to provide professional services to the Investor with respect to the
Investable Funds. This agreement (the Agreement) constitutes the understanding of the parties
with regard to the subject matter hereof.
1.This Agreement shall apply to any and all Investable Funds of the Investor from time to
time during the period in which this Agreement shall be effective.
2. The Advisor agrees to provide its professional services to direct and coordinate all
programs of investing as may be considered and authorized by the Investor.
3. The Advisor agrees to perform the following duties, as requested:
a.Assist the Investor in developing cash flow projections,
b.Suggest appropriate investment strategies to achieve the Investor’s objectives,
c.Advise the Investor on market conditions, general information and economic data,
d.Analyze risk/return relationships between various investment alternatives,
e.Attend occasional meetings as requested by the Investor,
f.Assist in the selection, purchase, and sale of investments. The Advisor shall not
have discretionary investment authority over the Investable Funds and the Investor
shall make all decisions regarding purchase and sale of investments. The eligible
investments are listed in the Investor’s Investment Policy,
g.Advise on the investment of bond funds as to provide the best possible rate of return
to the Investor in a manner which is consistent with the proceedings of the Investor
authorizing the investment of the bond funds or applicable federal rules and
regulations,
h.Assist the Investor in creating investment reports in compliance with State
legislation and the Investor’s Investment Policy,
i.Assist the Investor in creating monthly portfolio accounting reports, and
j.Assist the Investor in selecting a primary depository services financial institution.
Attachment 2
Page 19
Item 7.
2
4. The Investor agrees to:
a. Compensate the Advisor for any and all services rendered and expenses incurred as
set forth in Appendix A attached hereto,
b. Provide the Advisor with the schedule of estimated cash flow requirements related to
the Investable Funds, and will promptly notify the Advisor as to any changes in such
estimated cash flow projections,
c. Allow the Advisor to rely upon all information regarding schedules, investment
policies and strategies, restrictions, or other information regarding the Investable
Funds as provided to it by the Investor and that the Advisor shall have no
responsibility to verify, through audit or investigation, the accuracy or completeness
of such information,
d. Recognize that there is no assurance that recommended investments will be
available or that such will be able to be purchased or sold at the price recommended
by the Advisor, and
e. Not require the Advisor to place any order on behalf of the Investor that is
inconsistent with any recommendation given by the Advisor or the policies and
regulations pertaining to the Investor.
5. In providing the investment services in this Agreement, it is agreed that the Advisor shall
have no liability or responsibility for any loss or penalty resulting from any investment made
or not made in accordance with the provisions of this Agreement, except that the Advisor
shall be liable for its own gross negligence or willful misconduct; nor shall the Advisor be
responsible for any loss incurred by reason of any act or omission of any broker, selected
with reasonable care by the Advisor and approved by the Investor, or of the Investor’s
custodian. Furthermore, the Advisor shall not be liable for any investment made which
causes the interest on the Investor’s obligations to become included in the gross income of
the owners thereof.
6. The fee due to the Advisor in providing services pursuant to this Agreement shall be
calculated in accordance with Appendix A attached hereto, and shall become due and
payable as specified. Any and all expenses for which the Advisor is entitled to
reimbursement in accordance with Appendix A attached hereto shall become due and
payable at the end of each calendar quarter in which such expenses are incurred.
7. This Agreement shall become effective upon execution by both parties for a term on one-
year, with the option of the Investor to extend this Agreement for four additional one-year
increments. Provided, however, the Investor or Advisor may terminate this Agreement
upon thirty (30) days written notice to the other party. In the event of such termination, it is
understood and agreed that only the amounts due to the Advisor for services provided and
expenses incurred to and including the date of termination will be due and payable. No
penalty will be assessed for termination of this Agreement. In the event this Agreement is
terminated, all investments and/or funds held by the Advisor shall be returned to the
Investor as soon as practicable. In addition, the parties hereto agree that upon termination of
Attachment 2
Page 20
Item 7.
3
this Agreement the Advisor shall have no continuing obligation to the Investor regarding the
investment of funds or performing any other services contemplated herein.
8. The Advisor reserves the right to offer and perform these and other services for various
other clients. The Investor agrees that the Advisor may give advice and take action with
respect to any of its other clients, which may differ from advice given to the Investor. The
Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent
conflicts with the performance of the Advisor towards its other clients.
9. The Advisor shall not assign this Agreement without the express written consent of the
Investor.
10. By initialing the appropriate line, Investor acknowledges that:
1) __X__ Investor was provided a written copy of Form ADV Part 2 not less than
48 hours prior to entering into this written contract, or
2) _____ Investor received a written copy of Form ADV Part 2 at the time of
entering into this contract and has the right to terminate this contract without
penalty within five business days after entering into this contract.
3) _____ Investor is renewing an expiring contract and has received in the past, and
offered annually, a written copy of Form ADV Part 2.
When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the
entire Agreement between the Investor and Advisor for the purposes and the consideration herein
specified.
Respectfully submitted,
Richard G. Long, Jr.
Manager, Valley View Consulting, L.L.C.
This agreement is hereby agreed to and executed on behalf of the Town of Prosper, Texas.
By _______________________________
Harlan Jefferson, Town Manager
Town of Prosper
Date: ___________________________
Attachment 2
Page 21
Item 7.
4
APPENDIX A
FEE SCHEDULE AND EXPENSE ITEMS
In consideration for the services rendered by Advisor in connection with the investment of the
Investable Funds for the Investor, it is understood and agreed that its fee will be a tiered annual
fee equal to:
Average Quarter End Book Value Annual Fee
First $85 million 0.036% (3.6 basis points)
Next $65 million (above $85 million up to $150 million) 0.030% (3 basis points)
Balances over $150 million 0.020% (2 basis points)
In the event a flexible repurchase agreement or other similar investment option is utilized, the
Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue
Service, in lieu of the Agreement Fee.
Said fee includes all costs of services related to this Agreement, and all travel and business
expenses related to attending regularly scheduled occasional meetings. With pre-trip Investor
approval, the Advisor may also request reimbursement for special meeting or event travel and
business expenses. The obligation of the Advisor to pay expenses shall not include any costs
incident to litigation, mandamus action, test case or other similar legal actions.
Any other fees retained by the Advisor shall be disclosed to the Investor.
Attachment 2
Page 22
Item 7.
To:
Mayor and Town Council
From: James Edwards, Human Resources Director
Through: Harlan Jefferson, Town Manager
Chuck Springer, Executive Director of Administrative Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon awarding RFP No. 2021-14-B for stop loss Insurance for Town
self-insurance fund, effective January 1, 2021, and authorizing the Town Manager to
execute all documents for the same.
Description of Agenda Item:
The Town’s self-insurance fund has stop loss insurance to protect the Town from
large claim losses. Stop loss insurance must be marketed annually for renewal.
McGriff, Seibels & Williams, Inc. has marketed this year’s coverage on the
Town’s behalf at a stop loss level of $75,000 and received 6 responses.
Attached is the summary of these proposals for your review. The incumbent
stop loss insurance provider QBE provided the overall best value with a PEPM
(per employee per month) rate of $208.56 for an estimated annual cost of
$543,090.24. This is a 3.65% increase over last year. Berkshire Hathaway
provided a bid that appears slightly lower at a total estimated cost of $538,715
but has an exclusion for one Town claimant that could significantly in crease the
total exposure to the Town.
Budget Impact:
QBE provided the best overall value with a PEPM (per employee per month) rate of
$208.56 for an estimated annual cost of $543,090.24. The Town budget $238.00
PEPM for stop loss, the QBE proposal is approximately $76,660 less than budgeted.
This expense is budgeted in account #730-5160-10-00.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the QBE renewal
paperwork as to their form and legality.
HUMAN RESOURCES
Page 23
Item 8.
Attached Documents:
1. Stop Loss Analysis Report
2. QBE Pricing Agreement
3. QBE Renewal
Town Staff Recommendation:
Town staff recommends awarding RFP No. 2021-14-B for Stop Loss Insurance to
QBE and authorizing the Town Manager to execute all documents for the same.
Proposed Motion:
I move to award RFP No. 2021-14-B for Stop Loss Insurance to QBE and authorize the Town
Manager to execute all documents for the same.
Page 24
Item 8.
Town of Prosper
Stop Loss Marketing Analysis
Effective Date: 1/1/2021
Page 2
Stop Loss Carrier QBE
Current Plan
QBE
Renewal Plan
Berkshire Hathaway
Proposed Plan
Symetra
Proposed Plan
Swiss Re
Proposed Plan
Optum
Proposed Plan
Berkley
Proposed Plan
TPA / Network UMR / UHC Choice +UMR / UHC Choice UMR / UHC Choice UMR / UHC Choice UMR / UHC Choice UMR / UHC Choice UMR / UHC Choice
SPECIFIC RETENTION $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000
Contract 24/12 PAID 24/12 24/12 24/12 24/12 24/12
Coverages Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx
Specific Rates
Single 105 $194.45 $202.05 $196.37 $207.31 $115.24 $218.63 $260.68
Family 112 $194.45 $202.05 $196.37 $207.31 $316.03 $218.83 $260.68
Composite 217 $194.45 $202.05 $196.37 $207.31 $218.87 $218.63 $260.68
Specific Monthly Premium $42,195.65 $43,844.85 $42,612.29 $44,986.27 $47,494.79 $47,442.71 $56,567.56
Specific Annual Premium $506,347.80 $526,138.20 $511,347.48 $539,835.24 $569,937.48 $569,312.52 $678,810.72
Aggregate Rate
Composite $6.76 $6.51 $5.51 $7.10 $7.47 $7.00 $8.31
Monthly Accommodation
Aggregate Monthly Premium $1,466.92 $1,412.67 $1,195.67 $1,540.70 $1,620.99 $1,519.00 $1,803.27
Aggregate Annual Premium $17,603.04 $16,952.04 $14,348.04 $18,488.40 $19,451.88 $18,228.00 $21,639.24
AGGREGATE RETENTION
Contract 24/12 PAID 24/12 24/12 24/12 24/12 24/12
Coverages Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx
Corridor 125%125%125%125%125%125%125%
Aggregate Factors
Single 105 $952.98 $1,009.37 $1,020.48 $988.95 $495.35 $981.56 $1,030.11
Family 112 $952.98 $1,009.37 $1,020.48 $988.95 $1,541.90 $981.56 $1,030.11
Composite 217 $952.98 $1,009.37 $1,020.48 $988.95 $1,035.50 $981.56 $1,030.11
Monthly Attachment Factor $206,796.66 $219,033.29 $221,444.16 $214,602.15 $224,703.50 $212,998.52 $223,533.87
Annual Attachment Factor $2,481,559.92 $2,628,399.48 $2,657,329.92 $2,575,225.80 $2,696,442.00 $2,555,982.24 $2,682,406.44
TOTAL FIXED COSTS
Total Monthly Premium $43,662.57 $45,257.52 $43,807.96 $46,526.97 $49,115.78 $48,961.71 $58,370.83
Total Annual Non-Preferred Fee --$13,020.00 ----
Total Annual Premium $523,950.84 $543,090.24 $538,715.52 $558,323.64 $602,409.36 $587,540.52 $700,449.96
Annual Difference -$19,139.40 $14,764.68 $34,372.80 $78,458.52 $63,589.68 $176,499.12
Percent Difference -3.65%2.82%6.56%14.97%12.14%33.69%
Total Maximum Liability $3,005,510.76 $3,171,489.72 $3,196,045.44 $3,133,549.44 $3,298,851.36 $3,143,522.76 $3,382,856.40
Annual Difference -$165,978.96 $190,534.68 $128,038.68 $293,340.60 $138,012.00 $377,345.64
Percent Difference -5.52%6.34%4.26%9.76%4.59%12.56%
Additional Comments:No Lasers No Lasers
Firm until 11/13/20
Laser 1- 12/12
Firm until 11/12/20
Laser 1 - $175K
Laser 2 - $145K
Laser 3 - $100K
Firm until 11/16/20
Laser 1 - $190K
Laser 2 - $225K
Firm
No Lasers
Firm 11/16/20
Experience refund included
Pending Large Claim Review
Not Firm
Page 25
Item 8.
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Page 28
Item 8.
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Page 29
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation Page 1 of 4
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
SCHEDULE OF EXCESS LOSS INSURANCE POLICY
This endorsement changes the Policy, effective on the Policy Effective Date unless another date is indicated below.
Named Insured:
Town of Prosper
Endorsement Effective:
January 01, 2021
Policyholder and We hereby agree that the Policy is amended as follows:
A. The policy number of this policy is changed from:LGS02268-20 to LGS02268-21
B. This policy will continue in force for a new Policy Period, beginning on the Amendment Effective Date and ending on the Expiration
Date shown below.
C. The SCHEDULE FOR EXCESS POLICY is deleted and replaced with the following Schedule.
1. Policyholder’s Principal Office Address:
2. Expiration Date:December 31, 2021
3.Attached Endorsements: Independent Review Organization Endorsement QBSL-0124 (07-02)
Plan Mirror Endorsement QBSL-0124 (07-02)
Proof of Loss Endorsement QBSL-0124 (07-02)
4. Third–Party Administrator (for purpose of claims administration under the Plan):
Name: UMR
Address: 115 W. Wausau Avenue
City, State, Zip: Wausau, WI 54401
Telephone: (203) 234-1614
5.COVERAGE
The Coverage shown applies only during the Policy Period and is further subject to all the provisions of the Policy.
A. SPECIFIC EXCESS LOSS COVERAGE [X] Yes, included [ ] No, not included
1) Coverage to be included:
Yes No
[X] [ ] Medical
[X] [ ] Prescription Drugs
[ ] [X] Dental
[ ] [X] Vision
2) Specific Attachment Point (unless adjusted by Endorsement)
[X] Per Covered Person: $75,000.00
[ ] Per Covered Family: N/A
[ ] Aggregating Specific Deductible: N/A
3) Specific Reimbursement Percentage: 100%
2 50 W. First St, Prosper, TX 75078
Page 30
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation Page 2 of 4
4) Specific Policy Period Maximum Reimbursement per Covered Person: Unlimited upon satisfaction of Specific
Attachment Point.
[X] Of this amount, reimbursement for treatment of drug or alcohol abuse will be limited to:
[X] The terms, conditions and limits as stated in the accepted plan document.
[ ] days
[ ] days, up to $
[ ] Treatment of drug or alcohol abuse considered as any other illness
5) Basis of Specific Excess Loss coverage benefit payment (Benefit Period):
Plan Benefits Incurred from:January 01, 2019 through: December 31, 2021
And paid from:January 01, 2021 through:December 31, 2021
Plan Benefits Incurred prior to the Effective Date (Run-In-Period) will be limited to:
[ ]N/A per Covered Person
[ ] N/A for all Covered Persons combined
6) Premium Rates (per month):
Covered Unit Description Amount
Composite: 217 $202.05
7) Minimum Annual Specific Premium: N/A. Estimated specific annual premium based on quoted enrollment is:
$526,138.00
B. AGGREGATE EXCESS LOSS INSURANCE [X] Yes, Included [ ] No, not included
1) Coverage to be included:
Yes No
[X] [ ] Medical
[ ] [X] Dental
[ ] [X] Vision
[X] [ ] Prescription Drugs
[ ] [X] Weekly Disability Income Maximum N/A, per covered employee per Policy Period
[ ] [X] Other:
2) Monthly Aggregate Factor:
Covered Unit Description Medical Dental Vision
Prescription
Drugs
Weekly Disability
Income Other Total
Composite: X X $1,009.37
3) Number of Covered Units: [X] Quoted [ ] Actual
Covered Unit Description Medical Dental Vision Prescription Drugs Weekly Disability Income
Composite: 217 217
4) Minimum Annual Aggregate Attachment Point: $2,628,399.48 (Estimated)
(12 times Monthly Aggregate Factor(s), times total Number of Covered Units)
5) Aggregate Reimbursement Percentage: 100%
6) [X] Individual [ ] Family Claim Limit: $75,000.00
7) Maximum Aggregate Reimbursement (per Policy Period): $1,000,000.00
Page 31
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation Page 3 of 4
8) Basis of Aggregate Excess Loss coverage benefit payment (Benefit Period):
Plan Benefits Incurred from: January 01, 2019 through:December 31, 2021
And paid from: January 01, 2021 through:December 31, 2021
Plan Benefits Incurred prior to the Effective Date (Run-In-Period) will be limited to:
[ ] N/A per Covered Person
[ ] N/A for all Covered Persons combined
9) Premium Rates (per month):
Covered Unit Description Amount
Aggregate Composite: $6.51
10) Minimum Annual Aggregate Premium: N/A. Estimated annual aggregate premium based on quoted enrollment
is: $16,952.00
6. Eligible for coverage:
Yes* No
[ ] [X] Retired Employees
[X] [ ] COBRA Continuee
[X] [ ] Disabled Persons
[X] [ ] Employees who are not Actively at Work
[ ] [X] Late Entrants
[X] [ ] Transplants
[ ] [X] Other:
*All “Yes” answers must be supported by current disclosure information you provide during the renewal
underwriting period.
7. Additional Information
a. Policy Information:
1. Your PPO Network is:UHC Choice Plus
2. Your Utilization Review Provider is: UMR
b. Special Limitations: N/A
c. The definition of Specific Lifetime Maximum Reimbursement in the Definitions Section of this Policy, is deleted and
replaced with:
Specific Policy Period Maximum Reimbursement means the maximum amount WE will reimburse YOU with respect
to any Covered Person under this Policy during the Policy Period shown in the Schedule. The Policy Period Maximum
excludes the Specific Attachment Point amount. The Policy Period Maximum will not exceed the lesser of:
1. the amount shown in the Schedule; and
2. the maximum benefit amount set forth in the Plan.
d. Section II, Specific Excess Loss Coverage, is deleted and replaced with the following:
Section II, SPECIFIC EXCESS LOSS COVERAGE
WE will reimburse YOU for Plan Benefits Paid in excess of the Specific Attachment Point, not to exceed the Policy Period
Maximum Reimbursement amount shown in the Schedule. WE will reimburse YOU after YOU have provided an
acceptable proof of loss and satisfactory proof of Paid Plan Benefits.
Page 32
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation Page 4 of 4
The Specific Excess Loss benefit applies to a Policy Period or fraction thereof (due to termination). As determined with
regard to each Covered Person, it is the lesser of:
1. the Policy Period Maximum Benefit; and
2. eligible Plan Benefit Payments made with regard to a Covered Person, less the Specific Attachment Point, the
result of which is then multiplied by the Specific Reimbursement Percentage. In addition, the Specific Excess
Loss Benefits Payable under this Policy will be reduced by the Aggregating Specific Deductible.
8. Minimum Plan Enrollment: N/A Covered Units, or 75% of initial enrollment
ACCEPTED BY THE POLICYHOLDER:
Signed at
City, State Policyholder (correct legal name)
Date
By (Officer’s name and title)
Signature of Policyholder’s Broker/Agent of Record
Print Broker/Agent of Record
ACCEPTED BY THE COMPANY:
Signed at Marblehead, Massachusetts
On behalf of the Company
QBE Insurance Corporation
Date Tara Krauss, Head of A&H
QBE North America
By (Officer’s name and title)
Payment of premium on or after the effective date of the endorsement shall constitute acceptance by the Policyholder of
the modifications contained herein.
THERE ARE NO POLICY CHANGES UNDER THIS ENDORSEMENT OTHER THAN THOSE STATED ABOVE.
Lance Pendley
Page 33
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation PPACA-IRO End
INDEPENDENT REVIEW ORGANIZATION
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
Section I Definitions
This endorsement changes the Policy, effective on the Endorsement Effective Date indicated below.
Policy Number:
LGS02268-21
Endorsement Effective:
January 01, 2021
Named Insured:
Town of Prosper
Signed for the Company by:
Todd Jones, President
The following provision is added to Section 10, Claims Provisions, of this Policy. Its provisions are in effect as of the
Endorsement Effective Date shown above.
Extended Liability for Claims Payable upon Independent Review Organization decision.
For purposes of determining any reimbursement amount due under this Policy, YOU may request, and WE may agree in
writing, that the Run Out Period be extended for a maximum of 12 months, for payment of a Covered Person’s claim if all
of the following conditions are satisfied for that specific claim:
1. The claim was Incurred during the Policy Period, including any applicable Run-In Period; and
2. The claim was adjudicated and denied during the Policy Period, including any applicable Run-Out Period shown in
the Schedule; and
3. A final appeal of the denial decision has been made to an Independent Review Organization (IRO); and
4. YOU are notified that the IRO reversed the denial and YOU are required to pay the claim; and
5. the claim is not (a) otherwise excluded under the terms of Your Plan or this Policy or (b) payable under any other policy
of stop-loss or other coverage.
Any claim payable under this provision will accumulate toward any Specific Attachment Point and Aggregate Attachment Point
applicable to the Policy Period in which the claim was Incurred. This Amendment will be void if this Policy terminates before
the end of the Policy Period.
THERE ARE NO POLICY CHANGES UNDER THIS ENDORSEMENT OTHER THAN THOSE STATED ABOVE.
Page 34
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation PPACA End 09/11
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
Section I Definitions
This endorsement changes the Policy, effective on the Policy Effective Date unless another date is indicated below.
Policy Number:
LGS02268-21
Endorsement Effective:
January 01, 2021
Named Insured:
Town of Prosper
Signed for the Company by:
Todd Jones, President
The definition of Plan Benefits in the Definitions Section of this Policy is deleted and replaced with the following definition:
Plan Benefits means the health benefits covered by the Plan during the Policy Period which are:
1. Incurred during the Policy Period, including any applicable Run-In Period; and
2. Paid during the Policy Period, including any applicable Run-Out Period; and
3. Specified as benefits provided in Your Plan Document as of the Policy Effective Date; and
4. Not otherwise excluded under the terms of the Plan.
Plan Benefits will also include any health benefits You are required, under the terms of any applicable Federal law,
to provide, whether or not those benefits are included in Your Plan Document, which are:
1. Specified in an amendment You make to your Plan and provide to Us; and
2. Not otherwise subject to the Limitations and Exclusions Sections of the Plan.
Plan Benefits do not include:
1. deductibles of the Plan:
2. co-insurance or co-payment amounts of the Plan:
3. expenses that are not covered by the Plan:
4. amounts recoverable from any other source; or
5. amounts Paid under a previous policy or arrangement or excess loss coverage, whether issued by US or
another entity.
The redefined Plan Benefits of the Policy as amended above assume that the underlying Plan will be in full compliance of
Federal Law requirements when administering Plan Benefits on behalf of Town of Prosper. The additional benefits provided
by this endorsement do not make the Excess Loss Policy subject to regulations imposed on the Plan through Federal Law.
Payment of premium on or after the effective date of the endorsement shall constitute acceptance by the Policyholder of
the modifications contained herein.
THERE ARE NO POLICY CHANGES UNDER THIS ENDORSEMENT OTHER THAN THOSE STATED ABOVE.
Page 35
Item 8.
STOP LOSS
QBSL-0124 (07-02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QBSL-0124 (07-02) QBE Insurance Corporation Page 1 of 1
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
SECTION X - CLAIM PROVISIONS
This endorsement changes the Policy, effective on the Policy Effective Date unless another date is indicated below.
Policy Number:
LGS02268-21
Endorsement Effective:
January 01, 2021
Named Insured:
Town of Prosper
Signed for the Company by:
Todd Jones, President
SECTION X – CLAIM PROVISIONS has been revised as follows:
The Proof of Loss provision has been deleted in its entirety and replaced with the following:
Proof of Loss
Written proof of loss must be submitted within 90 days after the date of loss. Late proof will be accepted only if it is
shown to have been furnished as soon as reasonably possible and within one year of the date of loss.
Payment of premium on or after the effective date of the endorsement shall constitute acceptance by the Policyholder of
the modifications contained herein.
THERE ARE NO POLICY CHANGES UNDER THIS ENDORSEMENT OTHER THAN THOSE STATED ABOVE
Page 36
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director of Community Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon a resolution adopting the Town of Prosper 2021 Legislative Agenda.
Description of Agenda Item:
The Town Council established a Major Initiative to develop a Legislative Agenda during the 2020
Town Council Strategic Planning Work Session. With the 87th Texas legislative session
approaching in the spring of 2021, the Town has an opportunity to define for our legislative
delegation the topics and initiatives that are most important to the Town.
The proposed Legislative Agenda includes issues that have been previously identified by the Town
Council as top priorities for the Town, as well as recommendations from Town staff. The
Legislative Agenda is comprised of three sections. The Legislative Philosophy explains the overall
purpose and guiding principles of the document. The Legislative Initiative section describes
specific legislation the Town intends to pursue to remove the $1.5 million cap on the use of
competitive sealed proposals for horizontal projects. The Legislative Priorities section establishes
the Town’s position on key legislative issues. A draft Legislative Agenda was presented to the
Town Council for discussion at the November 10, 2020, Town Council meeting.
The Legislative Agenda is to be used as a communication tool with the Town’s legislative
delegation and others to clearly explain the Town’s position on critical issues. It is intended to
provide guidance to the Town’s legislators on how they can best represent Town of Prosper
residents and stakeholders in the upcoming legislative session.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Council approve a resolution adopting the Town of Prosper 2021
Legislative Agenda.
Prosper is a place where everyone matters.
COMMUNITY
SERVICES
Page 37
Item 9.
Page 2 of 2
Proposed Motion:
I move to approve a resolution adopting the Town of Prosper 2021 Legislative Agenda.
Page 38
Item 9.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING THE TOWN’S LEGISLATIVE AGENDA FOR THE 87TH
TEXAS LEGISLATIVE SESSION; AUTHORIZING CERTAIN PERSONS TO
REPRESENT AND COMMUNICATE THE TOWN’S LEGISLATIVE INTERESTS;
AUTHORIZING THE MAYOR AND TOWN MANAGER TO SIGN ALL LETTERS,
PETITIONS, AND/OR OTHER DOCUMENTS ON BEHALF OF THE CITY TO
PROMOTE THE CITY’S LEGISLATIVE AGENDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the 87th Texas Legislature convenes in January 2021; and
WHEREAS, the Texas Legislature and its administrative agencies will consider many
measures and actions that may affect the Town of Prosper, Texas; and
WHEREAS, Town staff has prepared and recommends approval of the Town of Prosper’s
2021 Legislative Agenda, attached hereto as Exhibit “A”; and
WHEREAS, the Town Council finds that the 2021 Legislative Agenda represents the
issues and priorities that are in the best interest of the Town and its citizens, should be adopted,
and should be forwarded to the Town’s Legislative delegation for consideration; and
WHEREAS, the Town Council is of the further opinion that the Mayor, the Town Manager
and/or the Town Manager’s designee should be authorized and directed to take action with regard
to the 2021 Legislative Agenda as outlined below.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Town of Prosper 2021 Legislative Agenda, attached hereto as Exhibit “A,” is hereby
adopted and approved.
SECTION 2
The Mayor, the Town Manager, and/or the Town Manager’s designee are authorized to
communicate the items included in the Town’s Legislative Agenda to members of the Texas
Legislature, in general, and/or to the appropriate legislative committees, committee members,
and other persons or groups that may influence the 87th Legislative Session.
SECTION 3
For those items designated as “support,” the Mayor, the Town Manager and/or the Town
Manager’s designee are directed to actively pursue passage of the appropriate legislation if it is
introduced by some other entity. Efforts to obtain passage of the legisl ation may include drafting
Page 39
Item 9.
Resolution No. 2020-__, Page 2
appropriate legislation, seeking a sponsor, and actively pursuing passage of such legislation by
providing testimony and through other means.
SECTION 4
For those items designated as “oppose,” the Mayor, Town Manager, and/or the Town
Manager’s designee are directed to oppose the passage of any such legislation.
SECTION 5
The Mayor and the Town Manager are specifically authorized to sign any and all letters,
petitions, and/or other documents on behalf of the Town in order to promote the Town’s 2021
Legislative Agenda.
SECTION 6
When testimony before various committees is needed to support or oppose a bill, the
Mayor, the Town Council Members, the Town Manager, or the Town Manager’s designee are
authorized to testify so long as the testimony is consistent with the approved 2021 Legislative
Agenda.
SECTION 7
This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 24TH DAY OF NOVEMBER, 2020.
APPROVED:
__________________________
Ray Smith, Mayor
ATTEST:
___________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________
Terrence S. Welch, Town Attorney
Page 40
Item 9.
EXHIBIT “A”
TOWN OF PROSPER
2021 LEGISLATIVE AGENDA
LEGISLATIVE PHILOSOPHY
The following Legislative Agenda represents the Town of Prosper’s legislative initiatives and
priorities for the 87th Legislative Session and establishes the Town’s position on key legislative
issues. The Town of Prosper is committed to providing efficient and effective municipal
government services to its residents, businesses, visitors, and community stakeholders.
The Town will support legislation that protects home rule authority, advances the principles of
local decision-making, protects or enhances municipal revenue sources, and enhances the
health, safety and welfare of its residents in the spirit of self-governance. Conversely, the Town
will oppose legislation that preempts or erodes municipal authority on local matters, impedes the
Town’s ability to allocate resources to locally determined projects and services, or is otherwise
detrimental to the Town and its constituents.
Throughout this document, it is understood that a position statement supporting a legislative
action also establishes opposition to legislative measures that would have the opposite effect,
and vice versa.
LEGISLATIVE INITIATIVES
Support legislation that eliminates the $1.5 million cap on certain municipal competitive
sealed proposals, codified in Section 252.043(d-1) of the Texas Local Government Code,
and expands the use of the competitive sealed proposal method of procurement for road
and utility (horizontal) infrastructure projects.
LEGISLATIVE PRIORITIES
TRANSPORTATION
Support legislation that seeks to fund local transportation projects.
Support legislation that provides funding to maintain and rehabilitate existing and
aging infrastructure.
Support legislation that promotes innovative financing tools for the construction,
rehabilitation, and maintenance of local transportation and infrastructure projects.
Support legislation that promotes pay-as-you-go financing for capital projects by
authorizing a dedicated property tax rate that is classified similarly to the debt service
tax rate in property tax rate calculations.
DEVELOPMENT
Support legislation that seeks to repeal, or makes beneficial amendments to, H.B.
2439 from the 86th legislative session (the building materials bill), now codified in
Chapter 3000 of the Texas Government Code.
Support legislation that seeks to limit state intrusion in the land development process
by making beneficial amendments to H.B. 3167 regarding platting procedures (the 30-
day shot clock bill).
Page 41
Item 9.
EXHIBIT “A”
Oppose legislation that preempts municipal authority related to land use and zoning,
local amendments to building codes, local building permit fees, tree preservation,
short-term rentals, and eminent domain.
PUBLIC SAFETY
Support legislation and measures that strengthen the integrity, effectiveness, and
transparency of local law enforcement, and oppose any measures that weaken the
same.
Support legislation that preserves qualified immunity for public safety personnel acting
within the bounds of departmental policies and procedures in the performance of their
official duties.
Support legislation that clarifies the roles of state, county and municipal governments
in emergency management, and their respective authority, powers, and duties during
a local state of disaster.
ECONOMIC DEVELOPMENT
Support legislation that preserves all economic development programs and tools
currently available under state law.
Support legislation and programs that retain and attract new and existing businesses.
Support legislation that promotes new and innovative financing tools that would
leverage state funds to create jobs.
Support legislation that would maintain funding for grants and programs that improve
workforce training.
FINANCIAL STRENGTH
Support legislation that would preserve the Town’s use of certificates of obligation
(COs) to fund necessary capital projects, and for the debt from COs to continue to be
funded from the Town’s interest and sinking (I&S) tax rate.
Support legislation that preserves the Town’s ability to control, manage, and collect
reasonable compensation for the use of municipal rights-of-way.
Oppose legislation that imposes further revenue caps or tax caps that restrict the
Town’s capacity to generate the revenue needed to provide the high level of municipal
services expected by Town of Prosper residents.
SMART CITIES/BROADBAND ACCESS
Support legislation that removes barriers that restrict the provision of broadband
service as a utility.
Support legislation to incentivize and recognize the importance of smart cities and the
application of technology solutions through grants, awards, and other means.
Support legislation that develops plans and resources needed for greater broadband
connectivity to enhance public access to education, healthcare, employment,
information, and services.
Page 42
Item 9.
EXHIBIT “A”
WATER RESOURCES
Support legislation that provides ample funding for developing affordable and reliable
water resources across North Texas.
Support legislation that provides funding for the construction, maintenance, and
rehabilitation of new and aging water utility infrastructure.
RECREATIONAL AND CULTURAL RESOURCES
Support amendments to the hotel occupancy tax statute that expand the use of hotel
occupancy tax revenue for the construction or expansion of municipal parks, trails, and
facilities to promote tourism within the Town.
Support legislation that directly benefits public library services that support workforce,
cultural, and educational programs.
OPEN GOVERNMENT
Support legislation that simplifies the budget and tax rate notification and adoption
process with the goal of improving transparency.
Support legislation that would allow required legal notices to be published on the Town
website rather than requiring publication in an official newspaper.
Support legislation that enhances and makes permanent the beneficial amendments
made to the Texas Open Meetings Act to allow for the expanded use of teleconference
and videoconference technology in public meetings.
ELECTIONS
Oppose legislation that eliminates the May or November uniform election dates.
Oppose legislation that requires candidates for a Town office to declare party affiliation
in order to run for office.
LOCAL CONTROL
Support legislation that preserves local control and the right of Prosper residents to
govern themselves, and to work with their municipal government to adopt and enforce
ordinances that address the health, safety, and welfare of the community.
Support legislation that preserves local authority for property taxation and appraisal
decisions.
Oppose legislation that limits or prohibits the Town’s current ability to use municipal
funds to communicate or advocate with legislators.
Oppose legislation that creates unfunded mandates at the city and/or county level.
Page 43
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon approving the purchase of one ambulance from Professional Ambulance
Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Texas Local
Government Purchasing Cooperative; and authorizing the Town Manager to execute related
documents for the same.
Description of Agenda Item:
The purchase of one ambulance is an approved FY 20-21 VERF replacement unit for a current
2011 ambulance (Unit 3106). This unit will be purchased through the Texas Local Government
Purchasing Cooperative (Buyboard). The cost for this unit is $288,856.50, plus the Buyboard
processing fee of $800.00, for a total expenditure of $289,656.50.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the perf ormance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in
the cooperative purchasing program allows our local government to purchase goods and services
from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive
bidding requirements.
Budget Impact:
The total price for the purchase of this unit is $289,656.50. The total budget for this unit is
$309,759.26. The remaining funds will be utilized to outfit the unit with additional after-market
equipment, including the cot. This item will be funded from VERF Account 410-6160-30-01.
Prosper is a place where everyone matters.
FIRE
DEPARTMENT
Page 44
Item 10.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Ambulance Sales Agreement,
as to form and legality.
Attached Documents:
1. Professional Ambulance Sales Agreement
2. Ambulance Specifications
Town Staff Recommendation:
Town staff recommends approving the purchase of one ambulance from Professional Ambulance
Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Texas Local
Government Purchasing Cooperative; and authorizing the Town Manager to execute related
documents for the same.
Proposed Motion:
I move to approve the purchase of one ambulance from Professional Ambulance Sales and
Service, the Texas dealer for Horton Emergency Vehicles, through the Texas Local Government
Purchasing Cooperative; and authorize the Town Manager to execute related documents for the
same.
Page 45
Item 10.
PLEASE ENTER MY ORDER FOR THE FOLLOWING:
NEW PREOWNED REMOUNT OTHER
YEAR 2021 MAKE/MODEL Ford F550 4x2 TYPE I COLOR
TO BE DELIVERED APPOX.VIN TBD
DATE:
PURCHASER:
ADDRESS:
CITY/ST/ZIP:
75078
CONTACT:
CONTACT:
PHONE:
FAX:
EMAIL:
TRADE-IN:
Tax
Title Application Fee
Registration
State Inspection Fee
Delivery F.O.B.
Factory
Delivery
Total:Date:
Down Payment Purchaser:
Unpaid Cash Balance Due
Sales Rep:Damon Benton
TERMS: Payment due upon delivery & acceptance of unit.
210-250 Days after receipt of signed
2021 Ford F550 Horton 603F
Type I Ambulance
EXEMPT
11/06/20
production order and/or chassis to Horton facility
$288,842.00
$289,656.50
EXEMPT
EXEMPT
$14.50
$289,656.50
TOTAL:
Prosper Fire Dept
P.O. Box 307
Bill Bonny
Prosper, TX
Contract #570-18
$800.00Buyboard Purchasing Fee
bbonny@prospertx.gov
972-347-2424
$289,642.00
309 FM 3381
Comanche, Texas 76442
(800) 561-6070 TOLL FREE
(325)356-3360 FAX
natalie.carroll@proambulance.net
Sales
Agreement
The front of this order comprise the entire agreement
affecting this purchase and no other agreement or
understanding of any other nature has been made or
entered into, or will be recognized. I have read the matter
printed on the back hereof and agree to it as part of this
order the same as if it were printed above my signature. I
certify that I am 18 years or older and hereby acknowledge
receipt of a copy of this order. I authorize Professional
Ambulance hereby expressly. Disclaims all warranties
either express or implied, including any implied warranty or
merchantablility or fitness for a particular purpose, and
Professional Ambulance neither assumes nor authorizes
any other person to assume for it any liability in connection
with the sale of the vehicle.
Page 46
Item 10.
November 2, 2020
Spec Writer: John Cox
Spec Designer: Chris Haggy
PRELIMINARY BUILD SPECIFICATION
Presented By:
Bo Starnes
SERVS
309 FM 3381
Comanche, TX
76442
Quote # QUO0000005747
Document Rev. # 4
Prepared For:
William Bonny
Town of Prosper
PO Box 307
Prosper,
TX
75078
Phone: 972-347-2424 Phone: 800-561-6070
Option QTY Description
CHASSIS
1000-0002 1 AMBULANCE SPECIFICATIONS
SR00107489 1 PREVIOUS UNIT: #18972
Note: Not an exact duplicate.
SR00107475 1 FIN CODE: QX684
SR00107468 1 BRIGADE REAR VIEW MONITOR - Install the Brigade 7" Monitor VBV-770-FM rear view
monitor for the 360 camera system.
SR00107450 1 CHASSIS, 2021 FORD F-550 4X2, 193 The chassis required to complete the ambulance
conversion shall be supplied by Horton.
1000-0071 1 CHASSIS ORDERED WITH ALUMINUM WHEELS
The specified chassis is to be ordered to include OEM aluminum wheels.
1000-0451 1 PASS THROUGH CAB/MODULE, F SERIES
Install a pass-through opening between the cab and module. Pass-through to include a
bellows connection.
1000-0067 1 DIESEL EXHAUST FLUID FILL, F SERIES
Install a label next to the DEF fill stating that the fill is to be used for DEF only.
1000-0474 1 VALVE EXTENSIONS, ALUM WHEELS, F SERIES
Install stainless steel braided filler extensions on the rear tires. Fasten to the center wheel hub
with stainless steel brackets.
1000-0083 1 STANDARD CAB HEIGHT
The specified chassis will have the standard cab height.
1000-0346 1 MUD FLAPS, REAR, LARGE W/LOGO
Page 47
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 2
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
Install individual rear mud flaps behind each set of rear wheels. Mud flaps to include Horton
logo.
1000-0090 1 REINFORCE REAR BUMPER END CAPS
Reinforce end caps of rear bumper for greater impact resistance.
1000-0217 1 RUNNING BOARDS: EMB.WIDE W/GRIP STRUT F SERIES
Install heavy duty aluminum embossed diamond plate running boards and splash shields.
Flare to full width of body. (This option is not available with drop skirt bodies) Install grip strut
inserts for enhanced drain and foot grip.
1000-0227 1 REAR STEP/ BUMPER ASSEMBLY, F SERIES
Install a diamondplate rear step/bumper assembly with flip-up center section.
1000-0149 1 LIQUID SPRING SUSPENSION, F 550
Install a Liquid Spring hydraulic rear suspension. Wire system to dump when the left rear
entry door is opened. Install manual controls in the cab near the driver.
3000-0407 1 RECEIVER/DRYER KIT, FORD F-SERIES CHASSIS
Install standard receiver/dryer kit w/pressure switch in the air conditioning system.
BODY
2000-0149 1 AMBULANCE BODY
Conversion model is to be a 603F-I using a Ford F Series chassis. Body length is 167".
2000-0013 1 HEADROOM, 72"
The headroom is to be 72".
2000-0625 1 ALUM. DIAMONDPLATE AT SIDE STEPWELL
Fabricate the stepping surface inside the side access door using polished aluminum diamond
treadplate.
2000-0244 1 STREETSIDE 3" DROP SKIRT
Fabricate streetside of body with 3" drop skirt.
2000-0245 1 DOUBLE STEP CURBSIDE ENTRY, 6" DROP SKIRT
Fabricate curbside of body with 6" drop skirt. To include two step side entry.
2000-0250 1 SOUND PROOFING/ACOUSTIC ENHANCEMENT PACKAGE
Install standard sound control package.
2000-1051 1 ROOF POCKET, AUXILIARY CONDENSER
Install a roof pocket for a CoolTech II unit.
2000-0506 1 ELECTRONIC PRIVACY WINDOW For Rear Entry Doors
Two (2) fixed electronic privacy windows shall be installed in the rear entry doors.
2000-0500 1 ELECTRONIC PRIVACY For Side Entry Door
A fixed electronic privacy window shall be installed in the side entry door.
2000-0265 2 EMERGENCY RELEASE, REAR DOORS
Install standard emergency release knobs on top and bottom of the rear module entrance
doors.
2000-0704 1 EMERGENCY RELEASE, SIDE ACCESS DOOR
Install emergency release knobs on top and bottom of the side module entrance door.
2000-0010 1 DOOR HANDLES
Install Tri-Mark free floating style door handles with pre-stretched stainless steel cables. Include three
Page 48
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 3
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
piece interior door panels on all access doors.
2000-0811 1 VI-TECH MOUNTING, F SERIES
Install standard Vi-Tech body mounts.
2000-0270 1 MIRROR STAINLESS STEEL SPLASH SHIELDS
Install #8 mirror stainless splash shields on the lower front face of the body just behind the cab access
doors. These splash shields are to be the same height as the diamond plate front corner guards.
2000-0689 1 FENDERS, STAINLESS, STD, SS 3" DROP SKIRT
Install a stainless steel fender, for use in conjunction with a 3" drop skirt, at the streetside
rear wheelwell location.
2000-0690 1 FENDERS, STAINLESS, STD, CS 6" DROP SKIRT
Install a stainless steel fender, for use in conjunction with a 6" drop skirt, at the curbside rear
wheelwell location.
2000-0220 1 POLISHED STAINLESS RUB RAILS, LIGHTED
Install polished stainless steel lower body rub rails. Rails are to include cutouts for strip
lighting.
2000-0652 1 STANDARD CORNER GUARDS
Install standard height polished diamondplate corner guards.
2000-0281 1 REAR DOOR HOLD OPENS, GRABBER
Install chrome Cast Products "Grabber" style rear door hold opens. (NOTE: HOLDOPENS MUST BE
RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED)
2000-0584 1 REAR RISER ADP
The rear riser is to be fabricated out of polished aluminum diamondplate.
2000-1103 1 LICENSE PLATE, STREETSIDE REAR RISER
Drill two mounting holes for the rear license plate on the streetside of the rear riser. Install an
LED license plate light. include bolts with which the plate shall mount.
2000-0598 20 DOOR REFLECTORS
All patient compartment entry doors to include standard red reflectors.
COMPARTMENTATION
2900-1515 1 STREETSIDE FORWARD COMPARTMENTS
The height of the streetside front compartment is to be the reduced. An electrical
compartment is to be installed above the primary compartment. See drawings for
compartment dimensions. Both compartments are to include standard LED strip lighting and
single hinged doors. The upper compartment is to include a vent in the door. All electrical
components usually installed in the intermediate compartment shall be relocated to this
compartment.
2000-0400 1 SS FORWARD COMPT. DIAMONDPLATE
The streetside forward compartment is to be fabricated from diamondplate.
2900-0219 1 FIXED VERTICAL DIVIDER, STREETSIDE FRONT 12" off right wall
Install a 16" deep fixed vertical divider in the streetside forward compartment. Locate as
noted above.
2900-1517 1 STREETSIDE INTERMEDIATE COMPARTMENT
The height of the streetside intermediate compartment is to be the full available height to the
bottom of the interior countertop. See drawings for compartment dimensions. Compartment
Page 49
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 4
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
is to include standard LED strip lighting and double hinged doors.
SR00107444 1 ADP-PT COMPONENT, SS INTERMEDIATE COMP Install the AeroClave ADP-PT on the right
wall in the streetside intermediate compartment. Component will include an 8' hose
assembly, 15 ft 1/4" air tube and fluid tube, and a stainless steel nozzle assembly. Install the
nozzle assembly in close out above the rear doors below the clock. Reference #18972
2000-0402 1 SS INTRMDT COMPT. DIAMONDPLATE
The streetside intermediate compartment is to be fabricated from diamondplate.
2900-0144 1 ADJUSTABLE SHELF STREETSIDE INTERMEDIATE CENTERED BETWEEN DIVIDER AND P/D
BOX
Install diamond plate adjustable shelving in the streetside intermediate compartment. Locate
as noted.
2900-0220 1 FIXED VERTICAL DIVIDER, STREETSIDE INTERMEDIATE 27.5" from right hand wall refer to
#18972
Install a 16" deep fixed vertical divider in the streetside intermediate compartment. Locate as
noted above.
8000-0145 1 SS WHEELWELL COMPARTMENT, DELETE
Vehicle is not equipped with a streetside wheelwell compartment.
SR00107481 1 STREETSIDE REAR COMPARTMENT
The dimensions of the street side rear compartment is to be as shown in the drawings.
Compartment is to include standard LED strip lighting and a single hinged door.
2000-0404 1 SS REAR COMPT. DIAMONDPLATE
The streetside rear compartment is to be fabricated from diamondplate.
SR00107487 1 D BOTTLE O2 STORAGE BOTTLE MOUNT: Install (2) F.W. #521 oxygen brackets. Locate: SS
rear compartment, side by side on the left wall.
2900-0145 2 ADJUSTABLE SHELF STREETSIDE REAR (1) CENTERED. (1) SPACED EVENLY ABOVE CENTER
SHELF !!! BOTH LOCATED FOR I/O ACCESS
Install diamond plate adjustable shelving in the streetside rear compartment. Locate as noted.
2900-1526 1 CURBSIDE REAR COMPARTMENT
The height of the curbside rear compartment is to be the full available height of the body. See
drawings for compartment dimensions. Compartment is to include standard LED strip lighting
and a single hinged door.
2000-0409 1 CS REAR COMPT. FLAT ALUMINUM
The curbside rear compartment is to be fabricated from flat aluminum.
2900-0148 2 ADJUSTABLE SHELF CURBSIDE REAR LOWER SHELF TO BE 42" ABOVE THE FLOOR FOR STAIR
CHAIR CLEARANCE, SPACE REMAING SHELF EVENLY
Install diamond plate adjustable shelving in the curbside rear compartment. Locate as noted.
2900-4070 1 FIXED VERTICAL DIVIDER, CURBSIDE REAR 10.25" FROM RIGHT COMPARTMENT WALL
Install a 16" deep fixed vertical divider in the curbside rear compartment. Locate as noted
Page 50
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 5
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
above.
2900-0266 1 ROK BACKBOARD STRAP CURBSIDE REAR FROM DIVIDER TO LEFT WALL
Install a Rok buckle style backboard strap in the designated compartment.
2000-0611 1 SWEEP OUT COMPARTMENT FLOOR CS REAR COMPT
Curbside rear compartment floor is to be sweep-out style.
8000-0090 1 CS INTRMDT COMPT, DELETE
Vehicle is not equipped with a curbside intermediate compartment.
2900-1530 1 CURBSIDE FORWARD COMPARTMENT
The height of the curbside front compartment door is to be the full available height of the
body. See drawings for door dimensions. Compartment is to include standard LED strip
lighting and a single hinged door.
SR00107485 1 CURBSIDE FORWARD: Install air horn compressor in the lower portion of the curbside
forward compartment. Note: Lower portion is exterior access only.
2900-1202 1 DRI DECK, RED
Red Dri-Deck is to be installed on the floor and shelving of all exterior compartments. To
include tapered edge trim pieces where applicable.
2900-0113 1 RUBBER WALLS IN BB COMPT, GRAY
The interior of the backboard compartment is to be covered with gray rubber matting to protect
equipment stored in this area.
PAINT AND GRAPHICS
5000-0004 1 CHASSIS PAINT PIERCE 3 CROSSED TO SIKKENS FLNA 3042
Paint chassis special color as noted above.
5000-0189 1 MODULE PAINT PIERCE 3 CROSSED TO SIKKENS FLNA 3042
The module body is to be painted a special paint color and paint code as noted above.
5000-0014 1 PAINT PANEL: SAMPLE PIERCE 3 CROSSED TO SIKKENS FLNA 3042
A painted test panel shall be prepared with the paint color and number noted above,
SR00107470 1 MOD ROOF PAINT Paint the module roof Horton standard white. Paint inside corner round
so that no white is visible from the ground.
5000-0500 1 PAINT 360 DEGREE CAMERA COVERS
The 360 Degree camera covers are to be painted to match the body color.
5000-0081 1 DIAMONDGRADE CHEVRON, FULL REAR Red, Fluorsecent Yellow Green
Install full rear body chevron pattern using Diamondgrade material. Install inboard or vertical
corner posts and below upper drip rail.
5000-0190 3 ACCESS DOORS RED SCOTCHLITE STRIP
Install 2" x 12" strips of red Scotchlite at the top of each entry door placed horizontally.
INTERIOR FEATURES
SR00107452 1 REAR RADIO SPEAKERS: Install two rear speakers in patient compartment. Volume control
to be integral to the rear switch panel and controlled by individual up/down momentary
switches.
Locate: Rear closeout
Page 51
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 6
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
Wire to front comm radio, not the OEM radio.
SR00107462 1 PD7 ORGANIZERS: Ship loose (2) PD7 organizers that will be installed after delivery. Horton
to Make accommodations in the following locations. (1) Curbside wall between seats (Use
shorter version to leave bench room) (1) Forward facing wall at the rear of the bench.
2000-0289 1 ACRYLIC COLOR: CLEAR
All Plexiglas cabinet doors to be clear.
2000-0828 3 COUNTERTOP, COVED, MERAPI (2) IN MAIN, (1) PASS THROUGH CABINET
Install solid surface countertop(s) in lieu of stainless steel. Material is to include radiused and
tapered corners and is to have a polished finish. Fabricate with coved edges around the
interior perimeter of the retention lips. Color is to be Merapi. Locate as noted above.
SR00107477 1 REAR COUNTER NOTE: Do not install lips on the aisle facing and cpr facing sides of the tray.
2000-0592 1 PAINTED STANDARD INHALATION AREA WALLS
The main wall action area walls are to be painted to match the remainder of the interior cabinets.
2000-0307 1 INHALATION PANEL, CG TECH COVERED
The inhalation panel is to be fabricated from composite material and covered with CG Tech to match to
color selected.
2000-0661 1 GUNMETAL CG TECH INTERIOR COLOR
The patient area walls, inner door panels and inhalation panel (EXCLUDING the main cabinet wall and
associated areas such as the action area, CPR seat and telemetry area when equipped) are to be
finished with Gunmetal CG Tech material. Requires stainless risers and lower door panels.
2000-0457 1 LONCOIN FLECKSTONE BLACK ONYX #150TS
The patient area floor is to be covered in Loncoin Fleckstone Black Onyx #150TS.
2000-0324 1 STAINLESS STEEL RISERS
Install stainless steel on the interior risers. If a cabinet riser accent stripe is ordered the stainless steel
will stop at the bottom edge of the stripe.
2000-0325 1 STAINLESS STEEL LOWER DOOR PANELS
Finish lower section of inside patient compartment doors with stainless steel.
2000-0678 1 GUNMETAL CABINET COLOR
All interior cabinetry is to be painted Gunmetal.
2000-0709 1 CABINET PAINT TO BE SMOOTH
The specified cabinet paint is to have a smooth finish.
2000-0948 1 PRODIGY NU-RED VINYL COLOR
All seat cushions, backrests and vinyl closeouts are to be covered in Prodigy Nu-Red colored
material.
SR00107494 1 USSC CHILD, BLACK 4-POINT, NU RED
Install a Nu Red USSC high back bucket seat with integral child safety seat and black 4pt
seatbelt with safety vest. The seat to be adjustable front to rear and is to be mounted at the
head of the cot.
Page 52
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 7
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
2000-0681 1 4 POINT SEAT BELT FOOT OF BENCH, BLACK
Install black 4-pt seatbelt with safety vest at the foot position of the squad bench.
2000-0682 1 4 POINT SEAT BELT HEAD OF BENCH, BLACK
Install black 4-pt seatbelt with safety vest at the head position of the squad bench.
2000-0683 1 4 POINT SEAT BELT, CPR SEAT, BLACK
Install black 4-pt seatbelt with safety vest at CPR seat location.
2000-1024 1 INFANT SEAT ANCHORAGE
Install infant seat mount at the foot of the bench.
2000-0612 1 COMPOSITE INTERIOR CABINETS, GUNMETAL
All applicable cabinetry to be fabricated from aluminum composite material. Color is
Gunmetal Gray.
3000-1119 1 TUBULAR AIRBAG, ATTENDANT'S SEAT
Install a tubular airbag at the attendant's seat. Unit uses an angled upper inhalation cabinet
and includes a cabinet beneath the main countertop.
3000-1125 1 HEAD CURTAIN AIRBAG, ATTENDANT'S SEAT
Install a head curtain air bag for the attendant's seat for use with a standard linen cabinet.
3000-1123 1 ROLL SENSOR
Install the roll sensor in the standard location. Unit includes streetside airbags only.
3000-1127 1 TUBULAR AIRBAG, CPR SEAT LOCATION.
Install a tubular airbag forward of the CPR seat.
2000-0575 1 CABINET TRIM RADIUSED
Install smooth radiused trim molding on all applicable interior cabinets.
2900-0079 1 IV HANGER, CP WITH RUBBER ARM COT HEAD PER DRAWING
Install a Cast Products recessed IV hanger with rubber arm over the cot head area.
2900-0207 1 IV HANGER, CP WITH RUBBER ARM BENCH CHEST Per Drawing
Install a Cast Products recessed IV hanger with rubber arm over the bench chest area.
2000-1338 1 GRAB RAIL: 6FT RED ANTI-MIC, OVER BENCH PER DRAWING
Install a standard style 6' main grab rail with red anti-microbial coating. Locate offset toward
the bench wall in the patient area ceiling.
2000-1333 1 GRAB RAIL: 8FT RED, OVER COT Per Drawing
Install a standard style 8' main grab rail with red anti-microbial coating. Locate offset toward
the main wall over the cot position in the patient area ceiling.
2000-1334 1 VERTICAL GRAB RAIL, 2' RED, BOLSTER
Install a standard style 2' grab rail with red anti-microbial coating. Locate on the bench bolster
at the side access door angled upward toward the forward end.
SR00107448 1 VERTICAL GRAB RAIL, 2' RED, RIGHT FRONT Install a standard style 2' grab rail with red anti-
microbial coating. Locate to the right side just inside the side entry door mounted at an
angle with steps.
2000-1342 1 VERT GRAB RAIL, 2 FT. RED ANTI-MIC MAIN WALL
Page 53
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 8
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
Install a standard style 2' grab rail with red anti-microbial coating. Locate to the street side
just inside the rear entry doors mounted vertically.
2000-1343 1 VERT GRAB RAIL, 2 FT. RED ANTI-MIC REAR DOORS
Install a standard style 2' grab rail with red anti-microbial coating. Locate to the curb side just
inside the rear entry doors mounted vertically.
2000-1335 1 PATIENT DOOR GRAB RAILS: RED ANTI-MICROBIAL
Install standard 'V' shaped grab rails with red anti-microbial coating. Locate on the interior
door panels of all three patient entry doors.
2000-0423 1 CEILING MATERIAL, PLATINUM WHITE COMPOSITE
The standard module ceiling material shall be platinum white aluminum composite.
2000-0578 1 FIRE EXTINGUISHERS: 5LB ABC SHIP LOOSE
Supply and ship loose a five lb ABC fire extinguisher.
2000-0579 1 FIRE EXTINGUISHERS: 5LB ABC SHIP LOOSE
Supply and ship loose a second five lb ABC fire extinguisher.
STREETSIDE CABINETRY
2000-0337 1 LINEN CABINET
Install a standard storage cabinet behind the attendant seat.
2900-1076 1 FIXED SHELF, UPPER LINEN CLOSET
Fab and install a fixed aluminum shelf in the upper section of the linen cabinet. Shelf is to be
painted to match the cabinet color.
2900-1078 1 FIXED SHELF, LINEN CLOSET, CENTER SECTION
Fab and install a fixed aluminum shelf in the middle section of the linen cabinet. Shelf is to be
painted to match the cabinet color.
2900-2029 1 SOLID LAMINATE-COVERED LINEN CLOSET DOOR
Install hinged solid doors on the linen cabinet. Cover in laminate to match the interior.
2900-1070 1 PIANO HINGE FOR LINEN CLOSET TOP DOOR
The upper linen cabinet door(s) is/are to use piano style hinge.
2900-1056 1 SOUTHCO LOCKING LATCH, LINEN CABINET DOOR TOP,
Install a stainless flush mount Southco locking pull latch on the upper linen cabinet door.
2000-0343 1 STREETSIDE WALL WITH CPR SEAT
Street side cabinet wall to include a CPR seat.
2000-0310 1 CPR SEAT, 28" WIDTH
Streetside CPR seat width to be 28".
2900-4087 1 ANGLED UPPER CABINET, FORWARD OF CPR SEAT
The upper cabinet forward of the CPR seat is to be angled.
2900-4086 1 ANGLED UPPER CABINET, AFT OF CPR SEAT
The upper cabinet to the rear of the CPR seat is to be angled.
2000-2050 1 CUSTOM CABINET, Cabinet 1 Dimensions: 18.75"H x 30.5"W x 16"D - Location: Upper rear
main wall
Main wall cabinet #1 dimensions are to be as noted above. Note that dimensions are I.D.
2000-0396 1 ACRYLIC SLIDING, Cabinet 1
Cabinet specified above is to have sliding acrylic doors.
Page 54
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 9
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
2900-0061 1 INTERIOR ADJUSTABLE SHELVING Cabinet 1
Install painted adjustable shelving in cabinet #1.
2000-2051 1 CUSTOM CABINET, Cabinet 2 Dimensions: 10.875"H x 16.75"W x 16"D DRAWER - Location:
Below rear counter
Main wall cabinet #2 dimensions are to be as noted above. Note that dimensions are I.D.
2000-0467 1 DRAWER, PAINTED, Cabinet 2
Install a painted drawer in main wall located per drawing.
2900-0281 1 LATCH, HINGED DOOR: SOUTHCO SS Cabinet 2
Install stainless flush mount Southco pull latches on the selected hinged doors on the cabinet
designated above.
2000-2052 1 CUSTOM CABINET, Cabinet 3 Dimensions: I/O ACCESS - Location: Below upper rear main
wall cabinet
Main wall cabinet #3 dimensions are to be as noted above. Note that dimensions are I.D.
2900-1618 1 ACRYLIC HINGED DOORS, Cabinet 3
Cabinet specified above is to have two 3/8" acrylic vertically hinged doors.
2900-0282 2 LATCH, HINGED DOOR: SOUTHCO SS Cabinet 3
Install stainless flush mount Southco pull latches on the selected hinged doors on the cabinet
designated above.
2900-0338 6 SELF CLOSING STYLE HINGE Cabinet 3
Cabinet #3 door(s) is/are to use self-closing style hinges.
2900-0187 1 PASS-THROUGH ACCESS, CABINET 3
Provide I/O access at cabinet #3 location into exterior compartment per drawings.
2000-2053 1 CUSTOM CABINET, Cabinet 4 Dimensions: 15"W x 6"H x 16"D DRAWER - Location: Below
rear of inhalation counter top
Main wall cabinet #4 dimensions are to be as noted above. Note that dimensions are I.D.
2000-0471 1 DRAWER, PAINTED, Cabinet 4
Install a painted drawer in main wall located per drawing.
2900-0283 1 LATCH, HINGED DOOR: SOUTHCO SS Cabinet 4
Install stainless flush mount Southco pull latches on the selected hinged doors on the cabinet
designated above.
2000-2058 1 UPPER INHALATION CABINET 12.75"H x 40.75"W x 16"D
Upper inhalation cabinet dimensions are to be as noted above. Note that dimensions are I.D.
2900-1102 1 ACRYLIC SLIDING DOORS, UPPER INHALATION CAB.
Cabinet specified above is to have sliding 3/8" acrylic doors.
2000-0347 1 STORAGE BENEATH THE CPR SEAT
Provide a hinged CPR seat cushion with storage located underneath.
2000-0349 1 GAS HOLD OPEN FOR LIFT UP CPR SEAT CUSHION
Provide a gas holdopen on the flip-up CPR seat cushion to keep the cushion in the upright
position when opened.
SR00107490 1 LIFEPAK BRACKET: Install a Technimount pro series 35 Lifepak 15 mount #210-00-PC15.
Locate: On rear counter
Page 55
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 10
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
SR00107480 1 SHARPS CONTAINER: Install a Boundtree #294841HK bracket with sharps container on the
inhalation wall forward of the CPR seat.
CURBSIDE CABINETRY
2000-0359 1 SQUAD BENCH WITH NO CUPS OR WELLS
Provide storage under the squad bench lid/cushion(s). The area shall run where possible under the
bench. The storage pan is to be fabricated from aluminum and painted to match the interior.
2000-0367 1 SQUAD BENCH END RESTRAINT, BOLSTER
Install a standard HOPS bolster at the head end of the bench.
2000-0744 1 DOUBLE CUSHION SQUAD BENCH
The squad bench cushion is to be two piece.
SR00107458 1 REAR BENCH CUSHION: Rear bench cushion is to be fixed over the Danhard.
2000-0380 1 BENCH HOLD OPENS: GAS
Install gas spring hold opens on squad bench lid.
2000-0585 1 BENCH HOLD-DOWN: PADDLE LATCHES (SINGLE)
Install a recessed paddle latch into the squad bench riser to retain the squad bench lid in the
closed position.
2000-0382 1 BENCH CUSHION EDGE TRIM:
Trim bench cushion edge with protective aluminum trim, to protect horizontal edge of squad bench
cushion from tears.
SR00107483 1 BACKREST CUSHIONS: Install individual back cushions ilos a full cushion to accommodate
the organizer on the bench wall. See drawings
SR00107456 1 DROP IN WASTE, HEAD OF BENCH : Install a waist only drop in at the head of the bench as
large as possible. Install an opening with a hinged acrylic door at the top of the bench,
Southco latch and continuous hinge. Make opening as large as possible for a large waste
container. The waste door opening will allow to store extra red bags below and to access
for cleaning debris.
SR00107488 1 BOUNDTREE SHARPS: Install a Boundtree #294841HK bracket with sharps container on the
bench wall above the 12v outlet. (By forward lumbar cushion)
2900-0052 1 BENCH CABINET, HINGED DOORS & O2 OUTLET
Fabricate and install a bench ceiling cabinet above the squad bench with lift up Plexiglas doors. The
forward portion is to include space for one O2 outlet.
2900-1130 2 SOUTHCO LATCH OVERHEAD BENCH CABINET
Install stainless flush mount Southco pull latches on the bench ceiling cabinet.
2900-1135 6 SELF CLOSING HINGE FOR OVERHEAD BENCH CABINET
The bench ceiling cabinet door(s) is/are to use self-closing style hinges.
2900-0136 1 PASS-THROUGH ACCESS, CURBSIDE REAR
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Option QTY Description
Provide I/O access into the curbside rear compartment per drawings.
2900-0400 1 CS REAR I/O ACCESS DOOR, HINGED ACRYLIC
The compartment pass-through specified above is to have a 3/8" acrylic vertically hinged
door.
2900-0404 3 CS REAR I/O DOOR HINGE, SELF CLOSING STYLE
The curbside rear I/O door is to use self-closing style hinges.
2900-0405 1 CS REAR I/O DOOR LATCH, SOUTHCO SS
FRONT WALL CABINETRY
2900-0073 1 FRONT WALL CABINET: FLAT ALUM PAINTED
The front wall cabinet shall be arranged per drawing. Additional configuration information may follow.
Cabinet interior is to be painted to match the interior cabinet color.
SR00107464 1 FRONT WALL CABINET CLOSEOUT: Install a closeout at the bottom interior portion of the
front wall cabinet.
2900-1005 2 ACRYLIC HINGED DOORS, Upper front wall
Cabinet specified above is to have two 3/8" acrylic vertically hinged doors.
2900-1022 1 SOUTHCO FLUSH SS PULL LATCH TOP FRONT WALL DOOR
Install stainless flush mount Southco pull latches on the selected hinged doors on the upper front wall
cabinet.
2900-1017 6 SELF CLOSING HINGES TOP FRONT WALL CABINET
The upper front wall cabinet door(s) is/are to use self-closing style hinges.
2900-1038 1 ADJUSTABLE SHELF, UPPER FRONT WALL TOP CABINET
Fab and install an adjustable aluminum shelf in the upper section of the front wall cabinet as noted.
Shelf is to be painted to match the cabinet color.
2900-1039 1 FIXED SHELF FRONT WALL MIDDLE CABINET
Fab and install a fixed aluminum shelf in the center section of the front wall cabinet as noted. Shelf is to
be painted to match the cabinet color.
SR00107486 1 GLOVE BOX STORAGE, FRONT WALL CABINET Install a 2 glove box storage with oval
openings, padded door, ball catch and continuous hinge above the front wall cabinet in
header. NOTE: REDUCE THE STANDARD CABINET HEIGHT FOR THIS OPTION. GLOVE BOX
SIZE: 10.5"W x 5.5"H x 4.5"D.
SR00107492 1 INVERTED SHELF, FRONT WALL CABINET - Install an inverted shelf on top of the selected
middle fixed to make a flat surface with no lip.
SR00107453 1 PASS THROUGH CABINET: Install a pass-through cabinet to house a customer supplied
Knox Med Vault 2. Locate: Upper portion of pass through cabinet. Below customer
supplied medvault, install a laminate covered bottom hinged door with (2) vents. This will
be a radio cabinet. Reference #18972
2000-1404 1 CAB TO MODULE PASSTHROUGH WINDOW
Provide a sliding pass-through window between the patient area and the chassis cab on the
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Option QTY Description
cab side.
COT MOUNT
2000-0599 1 STRYKER POWER LOAD, CENTERED Cot Type: Stryker Power Pro XT
Supply and install a Stryker Power load system. Locate in the center position. This option does
not include a cot. Note: this option complies with GSA change notice 8.
VISUAL WARNING
3000-0708 1 TRAFFIC EMITTER 794H, BEZEL
Supply and install a GTT 794H traffic emitter. Install on the front face of the body without
obstruction recessed into a 798 housing. Provide an activation switch in the front control
panel and wire so that the unit will not operate unless the emergency lighting circuit is
activated and the vehicle is in gear.
SR00107461 1 OPTICOM NOTE/PROGRAMMING: Opticom is to be located on the driver's side of the
Pioneer light.
Program to turn on with warning lights, turn off when transmission is placed in park and
turn back on if transmission is placed back in drive. (This is with warning lights on the whole
time)
3000-1805 1 WIG WAG HEADLIGHTS, F SERIES
Install wig wag headlight flasher. Provide a dedicated switch in the front control panel.
Deactivate in secondary mode.
3500-5010 6 M7 AMBER/CLEAR LENS CENTERED ABOVE REAR DOORS TO WORK AS DIRECTIONAL LIGHTS.
!!! PROGRAM DIRECTIONAL LIGHTS FOR RIGHT, CENTER, AND CENTER OUT TO INCLUDE
KKK IN SEQUENCE !!! INCLUDE FRONT CONTROL PANEL SWITCHES
Install Whelen M7 series LED lights as noted. Lights to be amber with clear lenses. Lights to
include chrome flanges and flash pattern programmability from the front control panel.
3600-5014 2 M7 R/B SPLIT/CLEAR LENS VE MODULE WHEEL WELLS RED FORWARD
Install Whelen M7 series LED lights as noted. Lights to be red/blue split with clear lenses.
Lights to include chrome flanges and flash pattern programmability from the front control
panel.
3400-5017 2 M9 BLUE/CLEAR LENS FRONT UPPER CENTER PROGRAM TO ALTRNATE FLASH WITH RED
Install Whelen M9 series LED lights as noted. Lights to be blue with clear lenses. Lights to
include chrome flanges and flash pattern programmability from the front control panel.
3000-5085 1 M9 White Clear Lens Front Center KKK
Install a Whelen M9 series LED light centered on the front face of the body. Light is to be
white with a clear lens. Light is to include a chrome flange and flash pattern programmability
from the front control panel.
3000-5104 1 M7 Amber/Clear Lens Rear Center KKK
Install a Whelen M7 series LED light centered on the rear face of the body above the rear
doors. Light is to be amber with a clear lens. Light is to include a chrome flange and flash
pattern programmability from the front control panel.
3000-5018 4 M9 RED/CLEAR LENS Front body face, upper corners, upper inner most
Install Whelen M9 series LED lights as noted. Lights to be red with clear lenses. Lights to include chrome flanges and
flash pattern programmability from the front control panel.
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Option QTY Description
3200-5018 6 M9 RED/CLEAR LENS Streetside upper corners, Curbside upper corners, Rear upper corners
Install Whelen M9 series LED lights as noted. Lights to be red with clear lenses. Lights to
include chrome flanges and flash pattern programmability from the front control panel.
3000-0137 1 FLASH PATTERN, TRIPLE A, B, C, D
Program the emergency lighting flash pattern to triple A/B/C/D.
3000-5109 1 Chevron Style Lighting Red/Amber
Install 12" LED light strips with bezels on the rear of the body five (5) per side. Lights are to be installed
at an angle to mimic a chevron pattern. To include (3) red and (2) amber on either side of the rear
doors in an alternating pattern.
3000-1017 1 RED/CLEAR LENS, WHELEN ION GRILLE, TOP
Install (2) Whelen ION Series red LEDs with clear lenses in the upper chassis grille. To include
bezels where applicable and flash pattern programmability from the front control panel.
3000-1019 1 RED/CLEAR LENS, WHELEN ION GRILLE, BOTTOM
Install (2) Whelen ION Series red LEDs with clear lenses in the lower chassis grille. To include
bezels where applicable and flash pattern programmability from the front control panel.
3000-1284 1 RED/CLEAR LENS M7 LED INT. LIGHTS
Install (2) Whelen M7 Series red LED lights with clear lenses on the chassis fenders. To include
housings and weather proof plugs.
AUDIBLE WARNING
2000-0433 1 AIR HORNS: UNDER BUMPER FORD F-SERIES
Install (2) Buell #1061 trumpets under the front bumper recessed into the air dam valance. System to
include a #16122 compressor and remote air tank. The air horns can only be activated when the
vehicle is in gear. Activate through a chrome push button on the console or through a foot switch if
selected.
3000-0169 1 FOOT SWITCH, AIR HORN, DRIVER'S SIDE
Install a driver's side foot switch for air horn activation.
3000-0174 1 SIREN: WHELEN HFS295C9 Speaker 1- Wail, Yelp, Pierce. Speaker 2- Wail, Yelp, Pierce
Install a Whelen HFS295C9 siren in the front console.
3000-1880 1 SIREN, WHELEN HOWLER, F SERIES W/AIR HORNS
Install a Whelen Howler low frequency siren.
SR00107493 1 HOWLER SWITCHES: Install (2) howler switches on the console per drawing.
3000-1543 1 SPEAKERS, CAST PRODUCTS, F SERIES
Install Cast Products siren speakers, applicable to Ford F-Series chassis, in the front bumper.
NON-EMERGENCY LIGHTING
3000-0208 1 KKK SIDE BODY MARKER LIGHTS, M6 SERIES LED (PAIR)
Install red Whelen M6 series LED turn/marker lights on each rear side of the module body.
Lights provide module body night time side lighting visibility and turning signal indication.
Lights do not flash with warning lights unless otherwise specified. Includes chrome flanges.
3000-0217 1 LED EXTERIOR COMPARTMENT LIGHTING
Install full height LED strip lighting in all exterior compartments with the exception of any
wheelwell compartments. Install vertical strips inside both sides of each compartment. The
lights are to be directed toward the back of each compartment.
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Option QTY Description
3000-0222 1 360 DEGREE MARKER LIGHTS
Install rolled marker lights on the upper corners of the body front and rear to provide 360
degree lighting coverage.
3000-0687 1 L.E.D. WARNING RUB RAILS RED/WHITE
Install 12" Tecniq L.E.D. light strips in the lower rub rails. The light colors are to be
red/white/red forward of the rear wheel and white/red aft of the rear wheel for a total of (5)
lights (3 red and 2 white) per side. Steady burn the red lights with headlight switch and
alternate flash all with warning lights activated.
3000-1625 1 WHELEN PFP2 DUAL PANEL STREETSIDE CENTER
Install a Whelen PFP2 dual panel super LED floodlight on the streetside of the body in the
center position. Install using a PBA203 semi-recess housing.
3000-1624 1 WHELEN PFP2 DUAL PANEL CURBSIDE CENTER
Install a Whelen PFP2 dual panel super LED floodlight on the curbside of the body in the
center position. Install using a PBA203 semi-recess housing.
SR00107467 1 PFP1 LIGHT: Install a Whelen PFP1 super LED floodlight as noted below. Install using a
PBA103 semi-recess housing. LOCATE: (1) FRONT FACE CENTER
3000-0246 1 LOAD LIGHTS, M7 SERIES LED
Install two Whelen M7 LED load lights with chrome flanges above the rear body entry doors.
3000-1756 1 AMBER WARNING, TOP, SIDE ACCESS DOOR
Install a Tecniq amber L.E.D. light strip on the upper curbside access door inner panel.
Installation will be near flush with the inner door panel. The light strip is to flash when the
access door is open, and the emergency lighting is activated.
3000-1761 1 AMBER WARNING, TOP, REAR ACCESS DOORS.
Install Tecniq amber L.E.D. light strips on the upper rear module access door inner panels, one
(1) per door. Installation will be near flush with the inner door panels. The light strips are to
flash when the access doors are open, and the emergency lighting is activated.
3000-0257 1 TECNIQ E10 LED GROUND LIGHTING
(4) Tecniq E10 lights will be installed in OEM stainless mounting brackets at the designated
locations. The lighting is to function as follows:
A. Includes a front console panel switch.
B. Compartment doors activate the lights in the respective quadrant of the body. Rear entry
doors activate the rear corner lights.
C. Rear lights are wired reverse activated. All Lights to activate for 15 seconds when the
vehicle is placed in drive.
D. Items b. thru d. are to only occur when the parking or headlights are activated.
3000-0648 1 AMBER WARNING LIGHT, TOP, STREETSIDE FRONT
Install a Tecniq Amber L.E.D. light strip on the upper streetside forward compartment door
inner panel. Installation will be near flush with the inner door panel. The light strip is to flash
when the compartment door is open, and the emergency lighting is activated.
3000-0649 1 AMBER WARNING LIGHT, TOP, STREETSIDE INTERMEDIATE
Install a Tecniq Amber L.E.D. light strip on the upper streetside intermediate compartment
door inner panel. Installation will be near flush with the inner door panel. The light strip is to
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Option QTY Description
flash when the compartment door is open, and the emergency lighting is activated.
3000-0650 1 AMBER WARNING LIGHT, TOP, STREETSIDE REAR
Install a Tecniq Amber L.E.D. light strip on the upper streetside rear compartment door inner
panel. Installation will be near flush with the inner door panel. The light strip is to flash when
the compartment door is open, and the emergency lighting is activated.
3000-0645 1 AMBER WARNING LIGHT, TOP, CURBSIDE FRONT
Install a Tecniq Amber L.E.D. light strip on the upper curbside forward compartment door
inner panel. Installation will be near flush with the inner door panel. The light strip is to flash
when the compartment door is open, and the emergency lighting is activated.
3000-0647 1 AMBER WARNING LIGHT, TOP, CURBSIDE REAR
Install a Tecniq Amber L.E.D. light strip on the upper curbside rear compartment door inner
panel. Installation will be near flush with the inner door panel. The light strip is to flash when
the compartment door is open, and the emergency lighting is activated.
3000-1438 1 TAIL LIGHTS, M6 SERIES, HORIZONTAL MOUNTED
Install Whelen M6 series LED stop/tail, turn, and reverse lights. Install the stop/tail and
reverse lights in the rear riser/kick plate with brake/tail outboard. Install the turn signals
above in the rear body panels. Lights to include chrome flanges.
3000-0267 1 ARROW LIGHTS M6 SERIES LED, FRONT
Install (2) Whelen M6 series LED turn signals on the front face of the body below the outboard
flashers and wire into the turn signal circuit. Lights to include chrome flanges.
ELECTRICAL
SR00107459 1 NFPA CAB WARNING LIGHT Install a red LED warning light within sight of the driver. Wire to
flash when the ignition is 'on' with the emergency brake disengaged and a door is open.
This is in addition to the standard operation. LOCATE: CAB CONSOLE IN VIEW OF DRIVER
TYPE: RED OS MARKER
SR00107469 1 MEDIKOOL MK-MICRO, LINEN CABINET Install a Medikool MK-Micro depth unit with a top
mounted compressor in the linen cabinet. Include a right hinged door and install the
controller above the unit. See drawings Reference #18972
3000-0018 1 ELECTRIC DOOR LOCKS COMPARTMENT EXTERIOR
Install power activated door locks on all exterior compartment doors. Locks to be activated by a switch
at each patient area access door. Locks may be overridden by a door key.
3000-0019 1 ELECTRIC DOOR LOCKS ACCESS DOORS INTERIOR
Install power activated door locks on all patient area access doors. Locks to be activated by a
switch at each patient area door. Locks may be overridden by a manual slide lever or by the
door key.
3000-0022 1 ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES
The specified power door locks are to be wired to the chassis OEM door lock switches.
3000-0020 1 ELECTRIC DOOR LOCKS CONCEALED IN GRILLE
Install a concealed switch in the chassis grille to operate the power door lock circuit. Doors shall be
wired to unlock only on this circuit.
3000-0282 1 ELECTRICAL SYSTEM
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Option QTY Description
Install the Intelliplex i4G electrical system. System is to include a USB port installed under the dash for
ease of programming.
3000-3015 1 WIRING, RECESSED AUXILIARY CONDENSER
Install wiring and Eco Smart fan control module for use with CoolTech unit. Solar panel wiring
is to be included on CoolTech II units.
3000-0305 1 INPOWER BATTERY SWITCH, WITH WAKE BUTTON 5 min.
Install an Inpower electronic battery switch. Switch is to activate battery power through the vehicle
ignition and is to include an automatic shutdown timer to deactivate battery power after the ignition is
turned off. To include a wake button installed on the front console to activate the electrical system
without using the key.
3000-2151 1 VANNER CHARGER/STATUS PANEL
Install a Vanner charger/status panel in standard location.
3000-2157 1 INVERTER 20-1050CUL, AUTO SWITCHED
Install a Vanner #20-1050CUL combination inverter/charger in the vehicle's designated
electrical compartment. Inverter to engage when engine is running. Unit is to power all 110V
outlets. Charger is to be wired off of the shoreline.
3000-0310 6 110V INTERIOR OUTLET (1) FORWARD INHALATION AREA (1) TELEMETRY AREA (1)
CURBSIDE WALL PER DRAWING (1) FRONT WALL UPPER LEFT (1) FRONT WALL MID LEVEL
LEFT (1) DRIVER SIDE CONSOLE NEAR CENTER CONSOLE
Install a 110V outlet(s) as noted.
3000-0549 6 INTERIOR 12VDC OUTLETS: CL TYPE/USB (2) FORWARD INHALATION AREA (1) CURBSIDE
WALL PER DRAWING (1) FRONT WALL UPPER LEFT (1) FRONT WALL MID LEVEL LEFT (1)
DRIVER SIDE CONSOLE NEAR CENTER CONSOLE
Install a 12VDC cigarette style/USB outlet(s) as noted. Wire battery hot.
CO00107473 1 DUAL USB, CONSOLE Install a dual Kussmaul USB 091-219-5 4.8 Amp in the passenger side
side of the console, and supported by Kussmaul charging when in the station.
3000-1462 1 SHORELINE 1, 20A SUPER AUTO EJECT, RED
Mount a Kussmaul Super Auto Eject 20 amp shoreline inlet in the standard location. Cover is
to be red.
3000-1492 1 SHORELINE 2, 30A SUPER AUTO EJECT, RED
Mount a secondary Kussmaul Super Auto Eject 30 amp shoreline inlet in the standard
location. Cover is to be red.
3000-1500 1 PD BOX LOCATION, LEFT HAND SIDE, SS INT. COMPARTMENT
Install the power distribution panel on the left hand side of the streetside intermediate
compartment. Close off this area from the remainder of the compartment.
3000-0328 1 KUSSMAUL EZ PLATE, 20A SUPER AUTO EJECT #1
Install a Kussmaul EZ Plate for the selected 15/20A Super Auto Eject shoreline #1.
3000-2164 1 KUSSMAUL EZ PLATE, 30A SUPER AUTO EJECT #2
Install a Kussmaul EZ Plate for the selected 30A Super Auto Eject shoreline #2.
3000-0326 1 WIRE ENGINE BLOCK HEATER:
Wire engine block heater to shoreline. Make provisions to disable engine block heater when desired.
SR00107451 1 BLOCK HEATER NOTE: Wire block heater to the #2 shoreline.
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Option QTY Description
3000-0327 1 EXTRA 12VDC CIRCUIT BREAKER: INTERMEDIATE COMPT
An extra circuit breaker shall be installed in the streetside intermediate compartment.
3000-0332 1 REPORT LIGHT, LED
Install a 12" LED report light on the action wall to light the counter area.
3000-0338 1 CLOCK, INTELLITEC LED: OVER REAR DOORS
Install an Intellitec Time Manager clock over the rear doors.
3000-0344 1 STEP WELL LIGHT VISTA LED
Install a 10.5" LED Vista light strip in the standard location on the bench side of the step well. Light to
activate with door open.
3000-0346 1 2.5" CAB CEILING LIGHTS, WHITE/RED LED
Install (2) combination white/red LED dome lights in the cab headliner. Locate one light over
the driver and one light over the passenger. Wire to a switch in the front control panel and
provide 'OFF'. 'CLEAR' and 'RED' selections.
3000-0359 9 PATIENT CEILING DOME LIGHTS WHELEN LED
Install Whelen 80C0EHCR LED dome lights in the patient area ceiling. The lights will have a high/low
feature with the switch in the rear control panel.
SR00107457 1 ELECTRONIC PRIVACY WINDOW SWITCH Electric privacy windows to be controlled at the
I4G panel as well as the bolster switch and rear door switch panels.
3000-0522 1 3 SWITCH PANEL BOLSTER FACE STEP WELL
Install an i4G 3-switch control panel on the bench bolster facing the stepwell.
3000-2100 1 TIMER, DOME LIGHTS. STEPWELL
Install an electronic momentary touch timer switch in the specified I4g switch panel on the
side of the bolster facing the side stepwell. The switch will enable time limited operation of
the specified dome lights with the battery switch in the 'off' position. Set timer to 15 minutes.
3000-5049 1 SCENE LIGHT SWITCH, BOLSTER AT STEPWELL
Install three (3) electronic momentary switches in the specified i4G style switch panel on the
side of the bolster facing the side stepwell. The switches are to control the rear loading, street
side scene and the curbside scene lights. These switches shall override the position of the
front control panel switches. The system shall default to normal operation with the door open
circuit or by cycling the battery switch.
3000-0525 1 3 SWITCH PANEL REAR DOOR PANEL
Install an i4G 3-switch control panel on the right rear entry door panel.
3000-2103 1 TIMER, DOME LIGHTS, REAR DOOR PANEL
Install an electronic momentary touch timer switch in the specified I4g switch panel on the
right rear door panel. The switch will enable time limited operation of the specified dome
lights with the battery switch in the 'off' position. Set timer to 15 minutes.
3000-5042 1 DUMP OVERRIDE, i4G, REAR DOOR PANEL
Install the dump override switch in the panel selected for the right rear entry door inner panel.
3000-0364 1 LED LIGHTING, INTERIOR MAIN WALL CABINETS
LED strip lighting is to be installed in all main wall cabinets. Lights to be mounted in a 45
degree clip. Switch to be provided in the rear control panel.
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Option QTY Description
3000-0365 1 LED LIGHTING, INTERIOR BENCH WALL CABINETS
LED strip lighting is to be installed in the bench ceiling cabinet. Lights to be mounted in a 45 degree clip.
Switch to be provided in the rear control panel.
3000-0601 1 SPOT LIGHT: HAND HELD: ON REAR CAB WALL
Install a Star-Lite LED hand held spotlight with momentary switch on the bulkhead behind the
driver's seat.
3000-0007 1 BACKUP ALARM RESET, MOMENTARY
Install a back-up alarm and provide a momentary backup alarm reset button on the front
console.
3000-1905 1 360 CAMERA SYSTEM, WHITE
Install a Horton 360 Degree camera system with white covers and integral lighting. The
lighting is to have the ability to function in emergency response mode. The display will
function in conjunction with the turn signals and when the vehicle is in reverse gear. Install
rear housing if space is available. If space is unavailable then install camera only.
PROGRAMMING
SR00107455 1 PROGRAM, PARKING BRAKE A warning shall display on the front console readout, advising
to set the Parking Brake, should the modular disconnect switch be "ON" and the
transmission placed in "PARK" or "NEUTRAL". It will also advise to Disengage the Parking
Brake should the vehicle be placed into gear. CONFIGURE: WIRE ALARM TO ACTIVATE
WITH RED FLASHER CIRCUIT.
SR00107463 1 PROGRAM, HVAC PROGRAM HEAT/AC UNIT TO DEFAULT TO PREVIOUS SETTING
SR00107471 1 PROGRAM, HEADLIGHT ACTIVATION: The automatic activation of compartment lighting,
side door activated scene lights and rear loading lights shall only occur when the module
doors are in the open position and the headlights are activated.
SR00107474 1 AUDIBLE LOW VOLTAGE ALARM Program an audible alarm to activate if the voltage drops
below 11.8 volts for 120 seconds.
SR00107478 1 PROGRAM, LOAD LIGHT ACTIVATION The rear load lights shall be wired to transmission
reverse, plus the standard mode of operation.
SR00107484 1 WARNING LIGHT PROGRAMMING: Install an I4G switch to dim to low power all applicable
warning lights. Default to normal on power up.
6000-0002 1 LIGHT PROGRAMMING: RIGHT SIDE SCENE
The right side scene lights shall come "on" when the side patient door is opened.
6000-0003 1 LIGHT PROGRAMMING: LOAD LIGHT
Program the rear load lights to activate with transmission reverse plus the standard mode of
operation.
6000-0006 1 PROGRAMMING: AUDIBLE LOW VOLTAGE ALARM
Program an audible alarm to activate if the voltage drops below 11.8 volts for 120 seconds.
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Option QTY Description
6000-0007 1 LIGHT PROGRAMMING: PARK BRAKE
Program a warning to display on the front console readout advising to set the Parking Brake
when the module disconnect switch is "ON" and the transmission is placed in "PARK" or
"NEUTRAL". It will also advise to Disengage the Parking Brake should the vehicle be placed
into gear.
3000-1269 1 MODULE DISCONNECT, DEFAULT TO "ON"
Program the Module Disconnect to 'On' with battery activation.
HVAC
3000-1617 1 COOLTECH II, F SERIES
Install a Cool-Tech II 4-fan 100,000 BTU condenser with solar panel in the recessed pocket in the roof of
the body.
SR00107460 1 COOLTECH DRAIN LINES: Route Cooltech drain lines so that they exit near the center of the
truck. (Customer has a floor drain in their station)
3000-4027 1 12V HVAC, ATTENDANT'S SEAT
Install a ProAir Pre-charged 12V heat/AC system with brushless motor below the attendant
seat.
3000-0424 1 3-PLY PANEL INTAKE FILTER
Install a 3-Ply Panel air intake filter ILOS.
3000-0429 1 DANHARD 110V A/C SYSTEM, IN SQUAD BENCH
Install a Danhard 50-2000 110V heat/AC unit inside the squad bench under the rearward portion.
2000-0435 1 VENT CAST PAINTED NFPA STYLE
Install an NFPA style venting system to include a 400cfm exhaust fan along with a static vent.
Install 9.5" square cast covers on both vents per drawings. Covers to be painted body color.
RADIO
SR00107441 1 CUSTOMER SUPPLIED RADIO EQUIPMENT:
- (2) radio Heads
- (2) radio cables
- (2) handsets
- (2) mounting brackets
- (2) wiring harnesses
Install customer supplied radio head in the front console and the rear inhalation panel.
!!! Note: All equipment is to arrive in a timely manner and labeled with locations and
termination points.
SR00107445 1 CUSTOMER SUPPLIED HAVIS MOUNT Install customer supplied Havis pole mount on
passenger side of console.
SR00107442 1 ANTENNA COAX 1 An RG 58U coax shall be installed so that the ambulance conversion
need not be disassembled. EXTERIOR TERMINATION: FORWARD MODULE ROOF INTERIOR
TERMINATION: FRONT CONSOLE !!! FOR MDT TERMINAL
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Option QTY Description
SR00107447 1 ANTENNA COAX 2 - Start: Pass Through Cabinet, End: Center of Mod Roof
An RG 58U coax shall be installed terminating as noted above.
3000-0434 1 3/8" NMO MOUNT COAX 1
Supply and install a 3/8" NMO mount in conjunction with specified coax #1.
3000-0618 1 3/8" NMO MOUNT COAX 2
Supply and install a 3/8" NMO mount in conjunction with specified coax #2.
3000-1174 1 PULL WIRE 1 Start: Behind Driver Seat, End: Inhalation Wall
Install a radio cable pull wire terminating as noted above. Wire is not to be wire tied or
otherwise prevented from moving freely.
3000-0438 1 RADIO HEAD PRE-CUT: FRONT Motorola APX 6500
Provide a radio head pre-cut in the front console faceplate. Radio head model is noted.
3000-0627 1 RADIO HEAD PRE-CUT: REAR Motorola APX 6500 - Surface mounted
Provide a radio head pre-cut in the rear inhalation panel. Radio head model is noted.
3000-0628 1 RADIO HEAD PRE-CUT: REAR Model #TBD - Surface mounted
Provide a second radio head pre-cut in the rear inhalation panel. Radio head model is noted.
1000-0411 1 CONSOLE, LINE-X, W/MAP STORAGE, F SERIES
Fabricate and install an aluminum cab console and spray with black Line-X material. Console is
to include three (3) map/book slots at the rear of the console.
SR00107491 1 DEALER SUPPLIED KNOX KEY SECURE: Install a customer supplied Knox key secure on the
front console, forward of the cup holders. Run wiring for Knox. Reference #18972
1000-0177 1 CUP HOLDERS, JUMBO 4"
Install two (2) jumbo 4" cup holders recessed into the console.
3000-5026 1 POWER TERMINAL, HOT, INSIDE CONSOLE
Install two (2) 10 gauge 30 amp cables to positive and ground studs for radio power. Wire one
constant hot and the other as a ground.
SR00107443 1 CAB SHELF: Install a (3) slot vertical shelf in the the cab on the chassis wall.
Reference #18972
SR00107465 1 POWER TERMINAL, INSIDE CONSOLE
Install (3) 10 gauge 30 amp cables to positive and ground studs for radio power. Wire one
constant hot, one switched and the other as a ground. BATTERY SWITCHED, BATTERY HOT
AND GROUND
OXYGEN
SR00107482 1 SHIP LOOSE (2) ZICO EZ-OUT SCBA BRACKET (ULLH-EZO-ES) FOR DEALER TO INSTALL.
4000-0001 1 O2 MOUNT, VERT TRACK FOR QRM-V
Page 66
Item 10.
Quote # QUO0000005747 November 2, 2020 Page 21
Spec Writer: John Cox
Spec Designer: Chris Haggy
Option QTY Description
Vertical track for mounting of a QRM-V O2 bottle mount shall be welded on the back wall of
the streetside forward compartment in the right hand corner. Bracket will be set up for an 'M'
sized bottle.
4000-0018 1 O2 BOTTLE, BRACKET QRM-V
Install a Zico QRM-V oxygen bracket for 'M' bottle. Locate in the streetside forward
compartment.
4000-0019 1 OXYGEN ACCESS
Provide access to the oxygen cylinder valve through the wall as depicted on the drawings. The
door shall be hinged so that it swings into the oxygen cylinder storage compartment. Door
material is to match other selected cabinet doors. The opening shall be 7" wide x 11" high and
trimmed with anodized aluminum.
4000-0022 4 O2 OUTLET, OHIO MEDICAL (1) CEILING OVER HEAD OF COT, (1) FORWARD END OF THE
CURBSIDE OVERHEAD CABINET, (2) INHALATION AREA
Install O2 outlets per instructions above. Outlets to be Ohio Medical style.
4000-0024 1 FLOWMETER: DIAL TYPE
Supply dial type flowmeter.
4000-0025 1 OXYGEN WRENCH
Install oxygen wrench in oxygen compartment. Mount securely to wall. Mount with length of
chain or cable to allow for use without being removed from the compartment.
3000-0642 1 VACUUM OUTLET, OHIO MEDICAL 1 In Inhalation Area
Install a single Ohio style vacuum outlet. Locate per drawings.
4000-0179 1 ASPIRATOR, SSCOR, INHALATION AREA
Install an SSCOR aspirator. The system shall include a wall mounted regulator and a canister
holder. Plumb to the selected pump.
4000-0089 1 VACUUM PUMP CAPL #D34 SE (P282)
Install a CAPL #D34 SE (P282) 12vdc electric suction pump.
CERTIFICATIONS
7000-0001 1 KKK-A-1822F CERTIFICATION LABEL
The vehicle shall have weight/payload, electrical load and KKK-A-1822F certification stickers installed in
the O2 compartment.
SR00111586 1 Sales Discount
Page 67
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for the
use of the Frisco radio communications system.
Description of Agenda Item:
Prosper Police and Fire Departments utilize the City of Frisco radio system. Since we partnered
with the City of Frisco, it was mutually agreed we would participate in the cost of a future tower
site that would benefit both departments to increase radio service coverage to the west side of
Prosper and the southwest side of Frisco. This tower site would be located on the Prosper elevated
storage tank property in west Prosper on Fishtrap Rd. This will replace the existing ILA with the
City of Frisco that is due to expire in 2024. The term of the new ILA will be for 10 years expiring
on September 30, 2030, with three optional five-year renewal terms.
The City of Frisco approved this ILA at their regular city council meeting on November 3, 2020.
Budget Impact:
Approval of this agreement obligates the Town to pay Frisco $500,000 for the construction of the
radio tower site at the Fishtrap elevated storage tank property in Prosper.
This amount was approved by Council with the adoption of the FY2020-2021 budget in account
750-6610-10-00-2102-FC. Subsequent annual expenditures will be subject to appropriations
granted in future fiscal years.
Legal Obligations and Review:
The ILA was prepared by the City of Frisco; Terrence Welch of Brown & Hofmeister, L.L.P., has
approved the ILA to form and legality.
Attached Documents:
1. Interlocal Agreement
Prosper is a place where everyone matters.
FIRE
DEPARTMENT
Page 68
Item 11.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends authorizing the Town Manager to execute an Interlocal Agreement for
the use of the Frisco radio communications system.
Proposed Motion:
I move to authorize the Town Manager to execute an Interlocal Agreement for the use of the Frisco
Radio Communications System.
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Item 11.
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act on an ordinance amending Section 3.19.001, “Fence Requirements,” of Article
3.19, “Fence Regulation,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances
by adding a new subsection regarding fencing on certain adjacent unplatted tracts.
Description of Agenda Item:
The fence ordinance currently does not recognize the impact of situations where fences are
constructed on unplatted tracts of land adjacent to residential uses which are also on an unplatted
tract of land, with no identified front yard. The proposed ordinance prohibits fences on adjacent
unplatted tracts to be constructed adjacent or parallel to the front of a residential structure, unless
approved by the Town Council.
A new subsection (n) will be added to Section 3.19.001 of the Fence Requirements to provide for
the following:
(n) Fencing on Certain Adjacent Unplatted Tracts. On adjacent unplatted tracts,
where at least one of the tracts is utilized for residential purposes and no front yard has been
established because the tract (or tracts) have not been platted, no fence shall be constructed
that is adjacent or parallel to the front of a residential structure, unless Town Council has
approved such fence. In considering the approval of a request, the Town Council shall consider
the topography and other features of the tract (or tracts) that may be impacted by the fence, the
location and distance of the fence in relation to the front of the residential structure, the height,
building materials and design of the fence, whether the location of the fence may impair the
ability of public safety personnel to safely access the residential structure in case of an
emergency, and any other information an applicant may wish to provide the Town Council in its
consideration of the approval of the fence. An application for Town Council consideration of
such fence shall be submitted on a form supplied by the Department of Development Services.”
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
Page 84
Item 12.
Page 2 of 2
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., prepared the ordinance.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Staff recommends the Town Council approve an ordinance amending Section 3.19.001, “Fence
Requirements,” of Article 3.19, “Fence Regulation,” of Chapter 3, “Building Regulations,” of the
Town’s Code of Ordinances by adding a new subsection regarding fencing on certain adjacent
unplatted tracts.
Proposed Motion:
I move to approve an ordinance amending Section 3.19.001, “Fence Requirements,” of Article
3.19, “Fence Regulation,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances
by adding a new subsection regarding fencing on certain adjacent unplatted tracts.
Page 85
Item 12.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 3.19.001, “FENCE REQUIREMENTS,” OF
ARTICLE 3.19, “FENCE REGULATIONS,” OF CHAPTER 3, “BUILDING
REGULATIONS,” OF THE TOWN’S CODE OF ORDINANCES, BY ADDING
THERETO A NEW SUBSECTION (n), “FENCING ON CERTAIN ADJACENT
UNPLATTED TRACTS”; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town Council desires to amend its fence regulations, contained in
Article 3.19, “Fence Regulations,” of Chapter 3, “Building Regulations,” of the Town’s Code of
Ordinances, by adding a new provision related to fencing on adjacent unplatted tracts of land
where at least one of the tracts is utilized for residential purposes; and
WHEREAS, unplatted tracts do not designate, or it cannot be designated, the location
of a “front yard” since the location of a front yard is determined after a lot has been platted, as
provided for and referenced in the Town’s subdivision regulations; and
WHEREAS, it is the desire of the Town Council that on adjacent unplatted tracts, where
at least one of the tracts is utilized for residential purposes and no front yard has been
established because the tract (or tracts) have not been platted, should not be permitted to have
a fence constructed that is adjacent or parallel to the front of a residential structure, unless
Town Council has approved such fence.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 3.19.001, Fence
Requirements,” of Article 3.19, “Fence Regulations,” of Chapter 3, “Building Regulations,” of the
Town’s Code of Ordinances is hereby amended by adding thereto a new Subsection (n), “Fencing
on Certain Adjacent Unplatted Tracts,” to read as follows:
“ARTICLE 3.19 FENCE REGULATIONS
Sec. 3.19.001 Fence Requirements
Fences in all zoning districts shall meet the following requirements:
* * *
(n) Fencing on Certain Adjacent Unplatted Tracts. On adjacent unplatted tracts,
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Item 12.
Ordinance No. 2020-__, Page 2
where at least one of the tracts is utilized for residential purposes and no front yard has been
established because the tract (or tracts) have not been platted, no fence shall be constructed
that is adjacent or parallel to the front of a residential structure, unless Town Council has
approved such fence. In considering the approval of a request, the Town Council shall consider
the topography and other features of the tract (or tracts) that may be impacted by the fence,
the location and distance of the fence in relation to the front of the residential structure, the
height, building materials and design of the fence, whether the location of the fence may impair
the ability of public safety personnel to safely access the residential structure in case of an
emergency, and any other information an applicant may wish to provide the Town Council in
its consideration of the approval of the fence. An application for Town Council consideration
of such fence shall be submitted on a form supplied by the Department of Development
Services.”
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town
retains all legal rights and remedies available to it.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF NOVEMBER, 2020.
___________________________________
Ray Smith, Mayor
Page 87
Item 12.
Ordinance No. 2020-__, Page 3
ATTEST:
_________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 88
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute Contract Amendment #1 to the
Professional Services Agreement between Teague Nall and Perkins, Inc., and the Town of
Prosper, Texas, related to the design of the Fishtrap Road from Stuber Elementary School to the
Dallas North Tollway project.
Description of Agenda Item:
At the December 10, 2019, Town Council meeting, the Town Council approved a Professional
Services Agreement with Teague Nall and Perkins, Inc., to design Fishtrap Road from Stuber
Elementary School to the Dallas North Tollway to a four-lane divided roadway.
This contract amendment consists of the design of median landscape and irrigation improvements
to Fishtrap Road beginning with the first full median east of the Stuber Elementary driveway and
ending at the Dallas North Toll Road. Also included with this amendment is Level A subsurface
utility engineering (SUE) to locate the existing 30” Atmos gas line that runs perpendicular to the
roadway and Level B SUE to locate the existing 36” sanitary sewer that runs near the proposed
west bridge crossing and two Atmos gas lines (6” and 8”) that cross the proposed roadway near
the east bridge crossing. Having quality information on the existing utilities will greatly reduce the
risk of conflicts during construction.
Budget Impact:
The cost for the additional design is $42,500 and is to be funded from cost savings from closed
projects and bond proceed interest earnings. The funding source is Account No. 750-5410-10-00-
2012-ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Contract Amendment
as to form and legality.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 89
Item 13.
Page 2 of 2
Attached Documents:
1. Contract Amendment #1
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute Contract
Amendment #1 to the Professional Services Agreement between Teague Nall and Perkins, Inc.,
and the Town of Prosper, Texas, related to the design of the Fishtrap Road from Stuber
Elementary School to the Dallas North Tollway project.
Proposed Motion:
I move to authorize the Town Manager to execute Contract Amendment #1 to the Professional
Services Agreement between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas,
related to the design of the Fishtrap Road from Stuber Elementary School to the Dallas North
Tollway project.
Page 90
Item 13.
CONTRACT AMENDMENT #1 PAGE 1 OF 7
CONTRACT AMENDMENT #1 BETWEEN THE TOWN OF PROSPER, TEXAS, AND TNP, INC.
FOR THE IMPROVEMENTS TO FISHTRAP ROAD FROM STUBER ELEMENTARY to DNT
PROJECT (PRJ#2012-ST)
This Contract Amendment for Professional Engineering Services, hereinafter called “Amendment,” is entered
into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said
Town, hereinafter called “Town,” and TNP, Inc., a Texas corporation, acting through a duly authorized officer,
hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and
Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Town previously engaged the services of the Consultant to obtain professional surveying
and civil engineering services, hereinafter called “Project”; and
WHEREAS, the Parties previously entered into a professional services agreement regarding the Project on
or about December 10, 2019 in the amount of Nine Hundred Thousand Dollars ($900,000), hereinafter called the
“Original Agreement”; and
WHEREAS, the Parties now desire to amend the Original Agreement to increase the scope of services and
compensation provided to include Level A & B Subsurface Utility Engineering services and Landscape and Irrigation
design services.
For the mutual promises and benefits herein described, Town and Consultant agree to amend the Original
Agreement as follows:
1. Additional Services to be Performed by Consultant. The Parties agree that Consultant shall
perform such additional services as are set forth and described in Exhibit A1 – Scope of Services and incorporated
herein as if written word for word. All references in the Original Agreement to “Exhibit A” are hereby amended to
state “Exhibits A and A1.”
2. Additional Compensation of Consultant. Town agrees to pay to Consultant for the satisfactory
completion of all services included in this Amendment a total additional fee of Forty-Two Thousand Five Hundred
Dollars ($42,500) for the additional services as set forth and described in Exhibit B1 – Compensation Schedule
and incorporated herein as if written word for word. All references in the Original Agreement to “Exhibit B” are hereby
amended to state “Exhibits B and B1.”
3. Revised Compensation for Consultant's Services. Paragraph 4 of the Original Agreement is
hereby amended to increase Consultant's total compensation by deleting “Nine Hundred Thousand Dollars
($900,000)” and replacing it with “Nine Hundred Forty-Two Thousand Five Hundred Dollars ($942,500).”
4. Original Agreement. All other provisions and terms of the Original Agreement shall remain in full
force and effect and this Amendment to the Original Agreement shall in no way release, affect, or impair any other
provision or responsibility contained in the Original Agreement.
Page 91
Item 13.
CONTRACT AMENDMENT #1 PAGE 2 OF 7
IN WITNESS WHEREOF, the Parties, having read and understood this Amendment, have executed such in
duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of
_______________________, 20____.
TNP, INC.
By:
Signature
Michael G. DeMotte, P.E.
Printed Name
Director of Engineering - Allen
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Harlan Jefferson
Printed Name
Town Manager
Title
Date
11/17/2020
Page 92
Item 13.
CONTRACT AMENDMENT #1 PAGE 3 OF 7
EXHIBIT A1 SCOPE OF SERVICES
CONTRACT AMENDMENT #1
BETWEEN THE TOWN OF PROSPER, TEXAS, AND TNP, INC.
FOR THE IMPROVEMENTS TO FISHTRAP ROAD FROM STUBER ELEMENTARY to DNT
PROJECT (PRJ#2012-ST)
I. PROJECT DESCRIPTION
The Town desires to add landscape and irrigation design services for the project medians along Fishtrap Road between Stuber
Elementary and DNT. Additionally, subsurface utility engineering (SUE) services are needed to locate existing infrastructure as
noted below:
• Level A & B SUE: Consultant to locate the existing 30” Atmos gas line and the existing 36” sanitary sewer line that
may be in conflict with the proposed roadway and bridge improvements. Level A SUE will be performed on the 30” high
pressure Atmos gas line, which includes two (2) test holes to determine vertical and horizontal location as it crosses
the proposed alignment of the roadway. Level B SUE will be performed on the existing 36” sanitary sewer line near the
proposed west bridge crossing and two (2) Atmos gas lines (6” and 8”) that cross the proposed roadway alignment
near the proposed east bridge crossing.
• Landscape and Irrigation Design for Project Medians: Consultant will provide design and construction phase services
for the landscape and irrigation improvements within the medians along the project corridor.
II. TASK SUMMARY
Task 1 – Level A/B SUE
The following represents the general understanding between the Town and Consultant regarding the basis and/or limitations
under which these subsurface utility designating and/or locating services are provided:
1. These services will be conducted and provided in general compliance with CI/ASCE 38-02 (Standard Guidelines for
the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes and defines four quality
levels for data collection that are briefly described as:
Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from research of existing
records and/or oral discussions.
Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying and plotting visible above-
ground utility features and by using professional judgment in correlating this information to QL-“D” information.
Incorporates QL-“D” information. (Limited in this scope, this scope is to cover underground utility crossings)
Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates information obtained through the
application of appropriate surface geophysical methods to determine the existence and approximate horizontal
position of subsurface utilities. Quality level B data should be reproducible by surface geophysics at any point of
their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan
documents. Incorporates QL-“D” & QL-“C” information.
Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise horizontal and vertical
location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and
subsequent measurement of subsurface utilities, at a specific point. Incorporates QL-“D” QL-“C” & QL-“B”
information.
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Item 13.
CONTRACT AMENDMENT #1 PAGE 4 OF 7
2. These services are for the purpose of aiding the design of the subject project by providing information related to
subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated.
3. The Consultant will provide services that meet the standard of care for existing subsurface utility location and mapping
as established in CI/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility
information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record
information from the various utility owners. However, the Consultant makes no guarantee that all utilities can or will be
identified and shown as there still may be utilities within the project area that are undetectable or unknown.
4. Facilities that are discovered through field investigative efforts by the Consultant but no plan records or ownership data
can be identified will be hereafter referred to as “unknown” utilities. As part of these services, the Consultant will
provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field
investigation of the project. Designating and/or locating unknown utilities will typically not be part of the initial scope of
work but depending on the client’s needs can be added as additional work to address concerns of the project impacts
of “unknown” facilities.
5. Ground penetrating radar will not be used as a part of the field investigation of the project site unless that use has been
specifically addressed with the scope of services described herein.
6. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately 144 square inches).
Given this limited size, some subsurface conditions may prevent the completion of test holes, including rock(s),
groundwater, large roots, other utilities & structures, etc. Test hole attempts which cannot be completed due to site
conditions will be documented and noted on the plans.
7. When test holes are used to locate utilities, the nominal pipe sizes of the targeted utility will be documented and reported
by using field measurements of the outside diameter (OD) of the pipe (to the nearest inch). Based upon this field
measured OD, the nominal pipe size will be determined using typical pipe wall thickness data and other available data
including record information. Pipe diameters that are too large for measurement, encased or non-encased conduit
duct banks and other concrete encased systems which cannot be adequately measured will be reported based upon
the best available information.
8. The documented results produced by these services represent a professional opinion and interpretation based upon
record information and/or field evidence. These results may be affected by a variety of existing site conditions, including
soil content, depth of the utility, density of utility clusters, and electro-magnetic characteristics of the targeted utilities.
Also, the lack of and/or poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most
cases will make the successful detection and location of the utility unlikely.
9. The Consultant will apply professional judgment to determine which utilities require additional field effort and/or
methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases,
the Consultant will provide a recommendation or request for additional services to the Town. Among other methods,
a detectable duct rodder or other conductor may be introduced into the line to enable the designation of the utility. This
method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility.
10. None of these services are intended to and should not be understood to relieve the Town or others from the
responsibility to comply with the statutory requirements related to notifying the proper one-call system(s) in advance of
any and all excavation, grading and/or construction within the project site.
Page 94
Item 13.
CONTRACT AMENDMENT #1 PAGE 5 OF 7
Subsurface Utility Scope of Services:
The scope of subsurface utility designating and/or locating services for this project is described below. Survey services
to tie utility crossing marks and/or identifiers placed during the subsurface utility designating and/or locating effort will
be provided in this contract.
a) Quality Level ‘B’ through ‘D’ Utility Information & Designation – Consultant will provide utility information, up to QL-
“B”, for the existing 36” sanitary sewer line near the proposed west bridge crossing and two (2) Atmos gas lines (6”
and 8”) that cross the proposed roadway alignment near the proposed east bridge crossing.
This work includes:
a. Requesting utility records on all crossing utilities from the Town, public utilities and private utility companies
known to provide service within the project area, as well as other sources, in an effort to develop a
comprehensive inventory of utility systems likely to be encountered. Record documents may include
construction plans, system diagrams, distribution maps, transmission maps, geographic information system
data, as well as oral descriptions of the existing systems. The depiction of utilities from records (QL-“C” or
“D”) will be based on thorough field and office activities and shall be based on the most reliable indication of
position available.
b. Visible surface features and appurtenances of subsurface utilities found within the project site will also be
evaluated. Using appropriate surface geophysical methods, Consultant will search for detectible indications
of the location of anticipated subsurface utilities.
c. Marking all locations that can be validated, using paint, flags or other devices.
d. Preparing documentation of the utilities encountered and marked, including their general location,
orientation, type & size, if known.
e. Level B/C/D- based on ASCE Standard 38-02 and shall include a PDF and 2d CADD file depicting the
subsurface utilities designated signed and sealed by a Professional Engineer.
b) Quality Level A Utility Test Holes – Consultant will excavate by air-vacuum or other minimally invasive methods up to
2 test holes on the 30” high pressure Atmos gas line in order to identify the exact horizontal & vertical locations.
Unless specified otherwise in this scope, the location of the tests hole will be outside of any paved area. Also, if
locating the end of casing is requested the cost will be based on an hourly charge based on the fee schedule below.
This work includes:
a. Providing all necessary personnel, equipment, supplies, management and supervision needed for the test
hole excavation, backfill and restoration.
b. Coordinating with Town, property owner, and/or permitting authorities as needed, permission or rights-of-
entry with help from the Town
c. Contacting the appropriate one-call system to request utilities to be marked on-the-ground prior to beginning
excavation of test hole.
d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD,
including any state or locally adopted supplements. (if closures or additional traffic control equipment is
needed other than signs and cones additional direct expenses will be charged)
e. Preparing documentation for each test hole attempted. This documentation will include the horizontal and
vertical position of the targeted utility or structure, a general description of the target utility, with condition,
material and general orientation noted, a generalized description of the material encountered in the test
hole, and any other field observations noted during the excavation.
Page 95
Item 13.
CONTRACT AMENDMENT #1 PAGE 6 OF 7
Task 2 – Landscape and Irrigation Design for Project Medians
1. Consultant will prepare and deliver Construction Documents (30%, 50%, 80%, 100% submittals). The Consultant will
prepare construction documents of the following:
a. Landscape Plans, Details, and Notes. These plans will show the type, spacing, and size of Landscape
Materials as well as details and on-sheet notes and will be in conformance to the Town’s standards.
b. Irrigation Plans, Details, and Notes (at 90% & 100% only). These plans will show the type, spacing, and size
of Irrigation Materials such as pipe size and location, heads, controllers, valves as well as details and on-
sheet notes and will be in conformance to the Town’s standards.
c. Specifications for the sections listed above in CSI format.
d. Opinion of Probable Cost for proposed Landscape and Irrigation improvements.
e. Three virtual Town review meetings via Teams or Zoom.
2. Construction Phase Services
a. Answer RFI’s from the Contractor
b. Attend up to three Construction Site Visits and prepare punch lists
c. Prepare and submit Record Drawings to Town based on as-builts provided by the Contractor. Because the
Record Drawings are based upon information provided by the Contractor, the Consultant cannot guarantee
their accuracy or completeness.
III. DELIVERABLES
Task 1 – Level A/B SUE
Level A SUE 8.5x11 Sheet documenting test hole data
Level B SUE 22x34 Plan Sheet depicting utilities located
Task 2 – Landscape and Irrigation Design for Project Medians
Schematic Design Plans (30%) One (1) 22x34 Schematic Design set – PDF & hard copy
Construction plans (50, 80, 100%) One (1) 22x34 copy of Construction set – PDF & hard copy
Record Drawings One (1) PDF copy of record drawings
One (1) DWG of the record drawings base map
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Item 13.
CONTRACT AMENDMENT #1 PAGE 7 OF 7
EXHIBIT B1 COMPENSATION SCHEDULE
CONTRACT AMENDMENT #1
BETWEEN THE TOWN OF PROSPER, TEXAS, AND TNP, INC.
FOR THE IMPROVEMENTS TO FISHTRAP ROAD FROM STUBER ELEMENTARY to DNT
PROJECT (PRJ#2012-ST)
I. COMPENSATION SCHEDULE
Task Completion Schedule Compensation Schedule
Notice-to-Proceed November 2020
Task 1 – Level A/B SUE January 2020 $7,500
Task 2 – Landscape and Irrigation Design for Project Medians May 2021 $35,000
Total Compensation $42,500
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Level A/B SUE $7,500
Task 2 – Landscape and Irrigation Design for Project Medians $35,000
Total Increase in Basic Services: $42,500
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To: Mayor and Town Council
From: Hulon T. Webb, Jr., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute Contract Amendment #1 to the
Professional Services Agreement between Teague Nall and Perkins, Inc., and the Town of
Prosper, Texas, related to the design of the First Street from Coit Road to Custer Road project.
Description of Agenda Item:
At the December 10, 2019, Town Council meeting, the Town Council approved a Professional
Service Agreement with Teague Nall and Perkins, Inc., to design First Street from Coit Road to
Custer Road to a four-lane divided roadway.
This contract amendment consists of the design of median landscape and irrigation improvements
to First Street from Coit Road to Custer Road. Additionally, a below grade trail crossing was not
part of the original contract. Since the Veloweb trail system is an integral portion of the Town, the
Parks and Recreation department expressed interest in a below grade crossing to connect across
First Street and link the north and south sections of trail. This amendment also includes Level A
subsurface utility engineering (SUE) to locate the existing utilities in the path of the proposed below
grade trail crossing. Having quality information on the existing utilities will greatly reduce the risk
of conflicts during construction.
Budget Impact:
The cost for the additional design is $72,000 and is to be funded from cost savings from closed
projects and bond proceed interest earnings. The funding source is Account No. 750-5410-10-00-
2014-ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Contract Amendment
as to form and legality.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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Page 2 of 2
Attached Documents:
1. Contract Amendment #1
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute Contract
Amendment #1 to the Professional Services Agreement between Teague Nall and Perkins, Inc.,
and the Town of Prosper, Texas, related to the design of the First Street from Coit Road to Custer
Road project.
Proposed Motion:
I move to authorize the Town Manager to execute Contract Amendment #1 to the Professional
Services Agreement between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas,
related to the design of the First Street from Coit Road to Custer Road project.
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Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development & Infrastructure Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon awarding CSP No. 2021-16-B to Reliable Paving, Inc., related to
construction services for the Coit Road at US 380 Paving and Striping Improvements project; and
authorizing the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
At the April 28, 2020, Town Council meeting, the Town Council awarded a construction agreement
to Reliable Paving, Inc., in the amount of $114,450.46, for the construction of the Coit Road and
US 380 SB Right Turn Lane project. The project consisted of the construction of a right turn lane
for southbound Coit Road at US 380. Unexpected conflicts with the existing TxDOT storm
drainage system at the intersection, and the Town’s existing 24” water main along Coit Road,
resulted in additional construction costs that would exceed the allowable 25% overage by law. To
complete the work that could be performed within the current contract, two (2) change orders were
approved for a combined amount of $28,612.55 (up to the allowable 25%), and the remaining
items needed to complete the project were rebid as a separate project. Those items became this
project and include the completion of the last segment of concrete paving, asphalt and pavement
markings.
Even though this was an informal process (following internal procedures for purchases under
$50,000), the Town stayed consistent with how it handles construction projects. Since this project
was under $1.5 million, staff utilized the Competitive Sealed Proposal Construction alternative
procurement method to allow the Town to award the project to the contractor that offers the best
value proposal based on the following criteria:
Qualifications and Experience (30%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (20%)
Cost Proposal (50%)
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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To comply with the Historically Underutilized Business (HUB) Program, two (2) HUB vendors were
provided with the opportunity to submit a proposal, neither responded. The Town did receive two
(2) proposals with verified cost proposals. One was for $49,999.29, and the other was for
$50,991.00, which was over the competitive bid limit. The proposal final completion times ranged
from 40 calendar days to 50 calendar days. Reliable Paving, Inc., was the firm that ranked the
highest after consideration of Costs, Time, and Qualifications with a cost of $49,999.29, and a
project timeline of 40 calendar days.
Budget Impact:
The cost for the construction of the Coit Road at US 380 Paving and Striping Improvements project
is $49,999.29. Cost savings from completed projects has been allocated to this project to increase
the construction budget to $200,000. The funding source is Account No. 750-6610-10-00-1932-
ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Evaluation Matrix
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council Award CSP No. 2021-16-B to Reliable Paving,
Inc., related to construction services for the Coit Road at US 380 Paving and Striping
Improvements project; and authorize the Town Manager to execute a construction agreement for
same.
Proposed Motion:
I move to award CSP No. 2021-16-B to Reliable Paving, Inc., related to construction services for
the Coit Road at US 380 Paving and Striping Improvements project; and authorize the Town
Manager to execute a construction agreement for same.
Page 108
Item 15.
LOCATION MAP
Coit / US 380 SB Right Turn Lane
US 380
Richland Blvd
Coit RdRight Turn Lane
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Item 15.
CSP NO. 2021-16-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE
Qualifications and Experience 30%6.33 1.90 7.11 2.13
Proposed Project Timeline 20%8.00 1.60 10.00 2.00
Cost Proposal 50%9.81 4.90 10.00 5.00
TOTAL 100%8.40 9.13
COIT RD AT US 380 PAVING AND STRIPING IMPROVEMENTS
EVALUATION MATRIX MARIO SINACOLA & SONS
EXCAVATING, INC.
RELIABLE PAVING, INC.
*Over the competitive bid limit
Attachment 2
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Item 15.
CSP NO: 2021-16-B COIT RD AT US 380_PAVING AND STRIPING IMPROVEMENTS
(Document Version 10/20)
1
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
COIT RD AT US 380
PAVING AND STRIPING IMPROVEMENTS
CSP NO. 2021-16-B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Marcus E. Ray, Place 1
Craig Andres, Place 2
Meigs Miller, Place 4
Jeff Hodges, Place 5
Harlan Jefferson, Town Manager
Attachment 3
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(Document Version 10/20)
2
TABLE OF CONTENTS
TABLE OF CONTENTS..................................................................................................2
INSTRUCTIONS TO PROPOSERS................................................................................3
PROPOSAL FORM.........................................................................................................4
SAMPLE CONSTRUCTION AGREEMENT ..................................................................10
MAINTENANCE BOND.................................................................................................23
STANDARD TERMS & CONDITIONS FOR CONSTRUCTION PROCUREMENTS.....26
GENERAL CONDITIONS FOR CONSTRUCTION .......................................................31
SPECIAL CONDITIONS................................................................................................46
TECHNICAL SPECIFICATIONS...................................................................................49
INSURANCE REQUIREMENTS ...................................................................................50
COMPLETED PROJECTS AND REFERENCES WORKSHEET..................................52
CONFLICT OF INTEREST QUESTIONNAIRE.............................................................56
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INSTRUCTIONS TO PROPOSERS
1. Submittal Deadline: Proposals will be accepted until 10:00 A.M. on Thursday, October 29, 2020.
2. Submittal Location:Proposals will be accepted via email to lhigginbotham@prospertx.gov orin hard copy
in the Engineering Office located in the 2nd Floor Development Services Suite of Town Hall, 250 W. First
St., Prosper, Texas 75078.
3. Submittal Requirements: Proposer shall complete all requested information and submit all required
documents.
4. Questions and Requests for Clarification: Questions and requests for clarifications in regard to this
proposal should be emailed directly to Lindy Higginbotham, Senior Engineer, at
lhigginbotham@prospertx.gov.
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6. Contractor has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies
that pertain to the subsurface or physical conditions at the site or which otherwise may
affect the cost, progress, performance or furnishing of the Work as Contractor considers
necessary for the performance or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, explorations, tests, reports or
similar information or data are or will be required by Contractor for such purposes.
7. Contractor has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to
the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports or similar
information or data in respect of said Underground Facilities are or will be required by the
Bidder in order to perform and furnish the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents.
8. Contractor has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors or discrepancies that it
has discovered, if any, in the Contract Documents and the written resolution thereof by
Engineer is acceptable to Contractor.
10. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group, association, organization or corporation; Contractor has not directly or
indirectly induced or solicited any other Contractor to submit a false or sham Proposal;
Contractor has not solicited or induced any person, firm or corporation to refrain from
submitting a Proposal; and Contractor has not sought by collusion to obtain for itself any
advantage over any other Contractor or over Owner.
11. Contractor will substantially complete the Work for the price(s) shown in the following
schedule of line items and within the number of calendar days proposed based on
date of Notice to Proceed.
NOTE: Contractor may substitute a computer printout of proposal schedule provided the
computer printout contains identical item numbers, quantities, and descriptions to those
provided in this proposal schedule. In case of ambiguity or lack of clearness in stating
prices in this Proposal, the Owner reserves the right to accept the most advantageous
construction thereof to the Owner or to reject the Proposal.
12. Contractor hereby agrees to commence work within ten (10) days after the date written
notice to proceed shall have been given to him, and to substantially complete the work on
which he has bid within the number of calendar days proposed as part of this Proposal.
Within the number of additional calendar days proposed after Substantial Completion, all
outstanding issues shall be addressed and ready for final payment. All such time
restrictions are subject to such extensions of time as are provided by the General
Provisions and Special Conditions.
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MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address
is________________________________________________, hereinafter referred to as “Principal,” and
___________________________________, a corporate surety/sureties organized under the laws of the State of
____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as
“Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________
DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United
States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we
bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and
firmly by these presents, the condition of this obligation is such that:
WHEREAS,Principal entered into a certain written Contract with the Town of Prosper, dated on or about the
________ day of ___________, 2020, to furnish all permits, licenses, bonds, insurance, products, materials,
equipment, labor, supervision, and other accessories necessary for the construction of:
CSP NO. 2021-16-B
COIT RD AT US 380
PAVING AND STRIPING IMPROVEMENTS
in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such
contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for
word:
WHEREAS,in said Contract, the Principal binds itself to use first class materials and workmanship and of
such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements
by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in
workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by
Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period
of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the
preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within
the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the
cost of same under the terms of this Maintenance Bond.
NOW, THEREFORE,if Principal will maintain and keep in good repair the Work herein contracted to be done
and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work
and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions
arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void;
otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages
in the premises as provided in the Plans and Specifications and Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against
any claim or liability for personal injury or property damage caused by and occurring during the performance
of said maintenance and repair operation.
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PROVIDED,further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County,
Texas.
AND PROVIDED FURTHER,Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans,
Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to
be performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin
or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in
matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original,
on this the _____ day of ____________, 2020.
ATTEST:PRINCIPAL:
___________________________________
Company Name
By: _________________________________By: ________________________________
Signature Signature
_______________________________________________________________________
Typed/Printed Name Typed/Printed Name
_______________________________________________________________________
Title Title
_______________________________________________________________________
Address Address
_______________________________________________________________________
City State Zip City State Zip
______________________________________________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST:SURETY:
By: _________________________________By: ________________________________
Signature Signature
_______________________________________________________________________
Printed Name Printed Name
_______________________________________________________________________
Title Title
_______________________________________________________________________
Address Address
_______________________________________________________________________
City State Zip City State Zip
______________________________________________________________________
Phone Fax Phone Fax
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TOWN OF PROSPER
STANDARD TERMS & CONDITIONS FOR CONSTRUCTION PROCUREMENTS
Revised April 24, 2020
1. APPLICABILITY: These standard terms and conditions apply to all goods or services procured by the Town
of Prosper (“Town”), unless otherwise stated in the specifications. The instructions contained herein shall be
incorporated into the contract as well as any subsequent purchase order(s) issued for goods or services and
shall be included as part of the specifications issued herewith.
2. NOTIFICATION: The Town of Prosper advertises formal procurement opportunities through
www.prospertx.gov, www.ionwave.net and The Prosper Press. The Town shall not be responsible for
information distributed by sources other than those listed.
3. ADDENDA: Any revisions to the information contained herein will be issued in the form of one or more
addenda. The sole issuing authority shall be vested in the Town of Prosper Purchasing Office. If addenda
containing material changes to the specifications or pricing form are issued, the respondent shallacknowledge
receipt of such addenda in the designated section on the Bid/Proposal Certification Form. It is the
responsibility of the bidder/proposer to obtain and acknowledge any and all addenda. Failure to acknowledge
receipt of any addenda may be cause to deem such submission non-responsive.
4. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent
omission from these specifications of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall
be made on the basis of this statement.
5. MINOR DEFECT: The Town of Prosper reserves the right to waive any minor defect, irregularity, or informality
in any bid/proposal. Minor defects, irregularities or informalities will not affect the end product/performance
intended by the specifications. The Town also reserves the right to reject any or all bids/proposals with or
without cause prior to award.
6. ELECTRONIC SUBMISSIONS: The Town of Prosper utilizes Ion Wave to advertise and receive bids and
proposals electronically over the Internet. Electronic submissions through Ion Wave shall be electronically
signed and dated by a duly designated representative or agent of the company submitting the bid/proposal.
Respondents should clearly and concisely provide all requested information as stated in the bid/proposal
document. Failure to provide the requested information may be reason to deem such submission non-
responsive.
7. PAPER SUBMISSIONS: Paper submissions shall be submitted on the forms provided by the Town of Prosper
and must be signed and dated by a duly designated representative or agent of the company submitting the
bid/proposal. Respondents shall clearly and concisely provide all requested information as stated in the
bid/proposal document. Failure to provide the requested information may be reason to deem such submission
non-responsive.
8. PRESENTATION OF BIDS/PROPOSALS: Paper submissions shall be presented to The Town of Prosper
Purchasing Office, 250 W. First Street, Prosper, Texas 75078, prior tothe stated deadline. Paper submissions
shall be presented in a sealed envelope with respondent’s name and the bid/proposal number clearly identified
on the outside of the envelope.
9. LATE SUBMISSIONS: The date/time stamp located in the Town of Prosper Purchasing Office serves as the
official time clock. Submissions received in the Purchasing Office after the stated deadline shall be refused
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and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of
delivery.
10. PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document,
extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and
control. Any alteration, strike-through or erasure of a unit price or extended price made prior to bid/proposal
opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity.
FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may
not be changed for the purpose of correcting an error in bid price after bid opening.
11. TAXES: The Town of Prosper is exempt from paying federal excise and transportation taxes and Texas State
or local sales and use taxes. Tax shall not be included in prices offered. A Tax-Exempt Form will be
provided by the Town of Prosper upon request. A request for a Tax-Exempt Form can be submitted in writing
to jcook@prospertx.gov or by contacting the Purchasing Office at 972.569.1018.
12. WITHDRAWAL OF OFFER: Respondent agrees that an offer may not be withdrawn or cancelled for a period
of one hundred twenty (120) days following the date and time designated for the receipt of the bid/proposal
without written approval of the Purchasing Manager.
13. F.O.B./DAMAGE: Prices offered shall be F.O.B. Final Destination, Town of Prosper, Texas, and shall be all
inclusive of shipping, handling and packaging costs. The Town accepts and assumes no liability for goods
delivered in damaged or unacceptable condition. The successful respondent shall be responsible for handling
all claims with carriers, and in case of damaged or unacceptable goods, shall ship replacement goods
immediately upon notification by the Town.
14. PREPARATION COST: All costs associated with the preparation of an offer shall be borne by the respondent.
The Town of Prosper will not be liable for any costs associated with the preparation, transmittal, or
presentation of submissions, or with any materials submitted in response to the same.
15. TESTING: At the Town of Prosper’s discretion, testing may be required prior to award of the bid/proposal or
prior to delivery of goods or services. Testing shall be performed without expense to the Town.
16. SAMPLES: At the Town of Prosper’s discretion, samples may be required prior to award of the bid/proposal
or prior to delivery of goods or services. Samples shall be provided at no cost to the Town. Samples should
not be enclosed with submission unless specifically requested.
17. QUALITY: Any catalog, brand names, or manufacturer’s reference in this bid/proposal packet is merely
descriptive and not restrictive and is intended to indicate the type and minimum quality level desired for
comparison purposes, unless otherwise stated herein to the contrary. All products and/or optional equipment
offered shall be new and of current manufacture. No items of a demonstrator, leased, reconditioned, rebuilt,
repossessed or used nature shall be considered, unless otherwise specifically stated herein.
18. BID/PROPOSAL OPENINGS: All offers will be read aloud at the Town of Prosper’s scheduled opening for
the designated bid/proposal. However, the reading of an offer shall not be construed as a comment on the
responsiveness of such offer, or as any indication that the Town accepts such offer as responsive. Neither
shall such reading be construed as a comment on the responsibility of the bidder/proposer.
The Town of Prosper will make a determination regarding the responsiveness of offers submitted based upon
compliance with all applicable laws and the Town of Prosper’s purchasing guidelines and project documents
including, but not necessarily limited to, the bid/proposal specifications and contract documents. The Town
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will notify the successful respondent upon award of the contract; and, according to State law all offers received
will be available for inspection after award.
For processes other than low bid or best value bid, only the names of respondents will be read aloud at the
scheduled opening. Pricing information will not be released until after award of the contract.
19. SUMMARY SHEET: Bid/Proposal summary results are typically published within one (1) business day after
the scheduled opening. Interested parties desiring a copy of a bid/proposal summary sheet may request the
same by submitting a written request to jcook@prospertx.gov. RESULTS WILL NOT BE RELAYED OVER
THE TELEPHONE.
20. ANTI-COLLUSION: In submitting an offer, respondent certifies that they have not participated in nor have
they been party to any collusion, price fixing or any other illegal or unethical agreements with any company,
firm or person concerning the pricing offered.
21. NO PROHIBITED INTEREST: Respondent acknowledges awareness of the laws, Town Charter, and Town
Code of Ethics regarding conflicts of interest. No officer, employee or agent of the Town of Prosper shall
participate in the negotiation, selection, discussion, award or administration of a contract or procurement
supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by
Section 1.10of the Town’s Code of Ordinances and/or Chapter 171 of the Texas Local Government Code,
that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be
involved, as defined therein.
22. NON-RESIDENT BIDDERS: Texas Government Code, Chapter 2252: Non-Resident Bidders. Texas law
prohibits city and governmental units from awarding contracts to a non-resident bidder/proposer unless the
amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be
required to underbid the non-resident bidder/proposer on a bid/proposal for goods and services in the non-
resident bidder’s state.
23. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the Town of Prosper for delinquent
taxes or otherwise, will not be recommended for award of any bid/proposal until the arrearage has been
cleared in writing. If a contractor or vendor becomes delinquent while a contract is in force, payment for goods
or services provided to the Town under said contract or purchase order may be withheld until the arrearage
has been cleared in writing.
24. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate
responsibility. The Town of Prosper may request representation and other information sufficient to determine
respondent’s ability to meet the minimum standards including but not limited to requirements as outlined in
the Special Conditions section of the Contract Document and Specifications.
25. AWARD OF CONTRACT: The Town of Prosper reserves the right to award single or multiple contracts for
the goods or services as stated herein. Furthermore, the Town reserves the right to take administration costs
into consideration when awarding to multiple vendors.
The Town may award bids/proposals to the lowest responsive responsible vendor(s), or to the vendor(s) who
provides goods or services at the best value to the Town. If using the best value method, the selection criteria
will be clearly identified in the bid/proposal document. The best value method may take into consideration, in
whole or in part, by way of illustration and not limitation, the following criteria:
A. The purchase price;
B. The reputation of the respondent and of the respondent’s goods or services;
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C. The quality of the respondent’s goods or services;
D. The extent to which the goods or services meet the Town’s needs;
E. The respondent’s past relationship with the Town;
F. The total long-term cost to the Town to acquire the respondent’s goods or services; and/or
G. Any relevant criteria specifically listed herein.
26. ACCEPTANCE: Respondent agrees that acceptance of any or all items by the Town of Prosper, Texas,
within a reasonable period of time, not to exceed one hundred twenty (120) days following the date and time
designated for the receipt of the bid/proposal, shall be binding upon respondent. Respondent shall thereafter
execute all documents necessary to enter into a contract in a form acceptable to and properly executed by
the Town to provide such goods and services.
27. FUNDING: The Town of Prosper is a home-rule municipal corporation operated and funded on a fiscal year
basis from October 1 to September 30. Accordingly, the Town reserves the right to terminate at any time,
without liability to the Town, any contract for whichfunding is not available in a subsequent fiscal year.
28. ASSIGNMENT: The successful vendor shall not sell, assign, transfer or convey any contract, in whole or in
part, to any other person or party without the prior written consent of the Town obtained through the Town’s
Purchasing Office.
29. DELIVERY PROMISE – PENALTIES: Where indicated, respondents must provide the number of calendar
days required to deliver goods or services to the Town of Prosper after receipt of order (ARO). Do not quote
shipping dates. When a delivery delay can be foreseen, the vendor shall provide advance notice to the
Purchasing Manager, who shall have the right to extend the delivery date if the reasons for delay are
acceptable. Default in promised delivery, without acceptable reason(s), or failure to meet specifications as
contained herein or in the contract documents, authorizes the Purchasing Office to purchase goods or services
from an alternate source. The defaulting vendor may be subject to re-procurement costs.
30. DELIVERY TIMES: Unless otherwise specified herein, deliveries will only be accepted during normal working
hours at the designated Town of Prosper location(s).
31. INSPECTION: Upon receipt of goods or services, the same will be inspected for compliance with the
specifications contained herein or in the contract documents. If the goods or services do not pass inspection,
the vendor will be required to remedy the situation at the vendor’s sole expense. The vendor will be required
to retrieve the rejected goods at the delivery point and provide the necessary repairs of or replacement and
return of the goods in new condition to the original point of delivery; or re-perform services in accordance with
the terms and conditions of the contract and to the Town of Prosper’s satisfaction.
32. INVOICES: Invoices shall be submitted to the attention of Accounts Payable Department, P.O. Box 307,
Prosper, Texas 75078, or electronically to ap@prospertx.gov.
33. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the Town in the
bid/proposal document.
34. AUDIT: The Town of Prosper shall have access to, and the right to examine, monitor and audit all records,
documents, conditions and activities related to contracts awarded by the Town. It shall be the responsibility
of the vendor to maintain records associated with this procurement for a period of three (3) years after
completion of the contract, or in the event of litigation, a claim or audit, the records shall be retained until the
resolution of such litigation, claim or audit.
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35. INSURANCE: The Town of Prosper requires vendor(s) to carry the minimum insurance as required by the
greater of the requirements contained in state laws or the insurance requirements contained in the contract
documents.
36. INDEMNITY:The bidder shall defend, indemnify and hold the Town of Prosper, its officers, agents
and employees harmless from any and all costs, expenses, suits, demands, claims, liabilities, liens,
encumbrances or damages, including attorneys’ fees and costs of suit, of any character, name and
description, incurred or resulting from any injuries or damages received or sustained by any person,
persons or property on account of any intentional wrongful conduct or negligent act, omission, or
fault of the successful bidder, or of any agent, employee, subcontractor or supplier for which the
successful bidder is responsible in the execution of, or performance under, any contract which may
result from bid award and the bidder so agrees upon the submission of the bid. The bidder shall
deliver, if so requested by the Town of Prosper, a written release of all liens or other proper evidence
of same, to the satisfaction of the Town prior to the issuance of final payment by the Town.
37. PATENT RIGHTS:The bidder/proposer agrees to indemnify and hold harmless the Town of Prosper
from any claim involving patent right infringement or copyright infringement on goods or services
supplied to the Town pursuant to the contract documents.
38. PROTESTS: All protests regarding the solicitation process must be submitted in written form to the
Purchasing Manager within five (5) working days following the opening of bids/proposals. This includes all
protests relating to legal advertisements, deadlines, bid/proposal openings, and all other related procedures
under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in
the specifications contained herein or in the contract documents.
Post-award protests must be submitted in written form to the Purchasing Manager within five (5) working days
after award.
The protest must include, at a minimum, the name of the protester, bid/proposal number or description of
goods or services, and a statement of the grounds for the protest. The Purchasing Manager, having authority
to make the final determination, will respond within ten (10) working days to each substantive issue raised in
the protest. Allowances for reconsiderations shall be made only if data becomes available that was not
previously known, or if there has been an error of law or regulation.
39. TERMINATION FOR DEFAULT: The Town of Prosper reserves the right to enforce the performance of the
contract in any manner prescribed by law and deemed to be in the best interest of the Town in the event of
breach or default of the contract. The Town reserves the right to terminate the contract immediately in the
event the contracted vendor fails to meet delivery schedules, or otherwise perform in accordance with the
specifications contained herein or in the contract documents. Breach of contract or default authorizes the
Town to award the contract to another vendor, or purchase from an alternate source, and charge the full
increase in cost plus any additional administrative costs incurred by the Town to the defaulting contracted
vendor.
40. REMEDIES: The successful vendor and the Town of Prosper agree that each party may have rights, duties,
and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether
in law or equity.
41. VENUE: The validity of the contract and of any of its terms or provisions, as well as the rights and duties
hereunder or the contract documents, shall be governed by and construed in accordance with the laws of the
State of Texas. Exclusive venue for any legal action shall lie in Collin County, Texas.
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TOWN OF PROSPER
GENERAL CONDITIONS FOR CONSTRUCTION
Revised February 21, 2020
GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to
this Contract and all other construction contracts issued by the Town of Prosper.
GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever
they appear in this Contract, be construed as follows, unless a different meaning is clear from the context:
CALENDAR DAY:Any days of the week or month, no days being excepted.
CONTRACT DOCUMENTS:All of the written, printed, typed, and drawn instruments that comprise
and govern the performance of the contract as defined by the Construction Agreement.
ENGINEER:The ENGINEER of the OWNER or his designee.
EXTRA WORK:Work required by the OWNER other than that which is expressly or impliedly
required by the Contract Documents at the time of execution of the Contract.
HOLIDAYS:The ten official holidays observed by the Town are New Year's Day, Martin Luther King
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be
observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following
Monday.
OWNER:The Town of Prosper, Texas, acting through the Town Manager under authority granted
by the Town Council.
OWNER'S REPRESENTATIVE:The Executive Director of Development and InfrastructureServices
of the Town of Prosper or his designee.
SUB-CONTRACTOR:Any persons, firm or corporation, other than employees of the
CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually
furnishes, labor and/or materials and equipment at or about the site.
SUBSTANTIALLY COMPLETE:The condition upon which the Work has been made suitable for
use and may serve its intended purpose but may still require minor miscellaneous work and
adjustment.
WORK:All work to be performed by the CONTRACTOR under the terms of the Contract, including
the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor,
submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel,
transportation, facilities, and other incidentals.
WRITTEN NOTICE:Notice required by the Contract shall be served concurrently to the OWNER'S
REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be
effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and
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notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any
notice served after 5 PM or on a weekend or holiday shall be effective the following business day.
GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS:
(a)Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete
work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans,
specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as
provided in the plans, specifications, special provisions, proposal and contract, and shall do such
additional extra work as may be considered necessary to complete the work in satisfactory and
acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery,
equipment and incidentals necessary to the satisfactory prosecution and completion of the work.
(b)No Waiver of Legal Right:Inspection by the OWNER or ENGINEER, any order, measurement, or
certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment
for or acceptance of any work, or any extension of time, or any possession taken by the OWNER,
shall not operate as a waiver of any provisions of the Contract Documents or any power therein
reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of
contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves
the right to correct any error that may be discovered in anyestimate that may have been paid and to
adjust the same to meet the requirements of the contract and specifications. The OWNER reserves
the right to claim and recover by process of law sums as may be sufficient to correct any error or
make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the
conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER
or his assistants, discovered in the work after the final payment has been made.
(c)Changes and Alterations:The CONTRACTOR further agrees that the OWNER or ENGINEER may
make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions,
plans or materials for the work herein contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of this contract and the accompanying
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute
the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If
the amount of work is increased, such additional work shall be paid for as provided under Extra Work.
In case the OWNER shall make such changes or alterations as shall make useless any work already
done or material already furnished or used in said work, then the OWNER shall recompense the
CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such
change, due to actual expenses incurred in preparation for the work as originally planned.
(d)Discrepancies and Omissions:It is further agreed that it is the intent of this contract that all work
must be done and all material must be furnished in accordance with the generally accepted practice,
and in the event of any discrepancies between the separate contract documents, the priority of
interpretation defined by the Construction Agreement shall govern. In the event that there is still any
doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the
ENGINEER shall define which is intended to apply to the work.
(e)Plans and Specifications:The OWNER shall furnish the CONTRACTOR with an adequate and
reasonable number of copies of all plans and specifications without expense to him, and the
CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest
revisions noted thereon.
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(f)Ownership of Drawings:All drawings, specifications and copies thereof furnished by the OWNER
shall not be reused on other work, and, with the exception of the signed contract sets, are to be
returned to him on request, at the completion of the work. All models are the propertyof the OWNER.
(g)Adequacy of Design:It is understood that the OWNER believes it has employed competent
engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER
shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the
practicability of the operations of the completed project; provided the CONTRACTOR has complied
with the requirements of the said Contract Documents, all approved modifications thereof, and
additions and alterations thereto approved in writing by the OWNER. The burden of proof of such
compliance shall be upon the CONTRACTOR to show that he has complied with the said
requirements of the Contract Documents, approved modifications thereof and all approved additions
and alterations thereto.
(h)Line and Grade:The ENGINEER will furnish control benchmarks for the construction of the Work.
The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No
construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and
all construction staking, required shall be at the sole cost of the CONTRACTOR.
(i)Right of Way and Easements:The OWNER will obtain all necessary right of ways and easements
required for the completion of the Work. No work shall be undertaken on nor shall men, tools,
equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor
wants to work outside right of ways and easements and is able to make an agreement with the
Property Owner, then the agreement should be documented and signed by the Property Owner and
CONTRACTOR with a copy submitted to the OWNER before work off the easement commences.
The OWNER will obtain permits and/or license agreements necessary for work to be performed on
right of ways or easements owned by other agencies including, but not limited to, the Texas
Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies.
The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as
if they were a part of the Contract Documents.
(j)Existing Utilities and Structures:The location of existing utilities shown on the plans are based on
the interpretation of the best available information and are not warranted by the OWNER or
ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various
locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken
by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense,
the damaged line and restore it to its functional use.
(k)Right of Entry:The OWNER reserves the right to enter the property or location on which the works
herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for
the purpose of inspecting the work, or for the purpose of constructing or installing such collateral
work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l)Collateral Contracts:The OWNER agrees to provide by separate contract or otherwise, all labor
and material essential to the completion of the work specifically excluded from this contract, in such
manner as not to delay the progress of the work or damage said CONTRACTOR, except where such
delays are specifically mentioned elsewhere in the Contract Documents.
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(m)Building Commissioning Services:The OWNER is responsible for obtaining building
commissioning services required for the construction of project, and the CONTRACTOR will not be
responsible for any charges.
(n)Objections and Determinations:The ENGINEER shall determine all claims disputes and other
matters in question between the CONTRACTOR and the OWNER relating to the execution or
progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision
shall be rendered in writing within a reasonable time and shall be binding.
(o)Owner-Engineer Relationship:The duties, responsibilities and limitations of authority of the
ENGINEER during construction are as set forth in the Contract Documents and shall not be extended
or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and
consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through
the ENGINEER as if they were issued by the OWNER directly.
GC.04 CONTRACTOR RESPONSIBILITIES:
(a)Contractor Independence:The CONTRACTOR is and at all times shall remain an independent
contractor, solely responsible for the manner and method of completing his work under this contract,
with full power and authority to select the means, method and manner of performing such work, so
long as such methods do not adversely affect the completed improvements, the OWNER and
ENGINEER being interested only in the result obtained and conformity of such completed
improvements to the Contract Documents.
(b)Assignment and Subletting:The CONTRACTOR agrees that he will retain personal control and
will give his personal attention to the fulfillment of this contract and that he will not assign by Power
of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or
ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the
ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or
feature of the work, or materials required in the performance of this contract, shall not relieve the
CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement.
(c)Contractor’s Understanding:It is understood and agreed that the CONTRACTOR has, by careful
examination, satisfied himself as to the nature and location of the work, the conformation of the
ground, the character, quality and quantity of the materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, the general
and local conditions, and all other matters which can in any way affect the work under this contract.
No verbal agreement or conversation with any officer, agent or employee of the OWNER or
ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms
or obligations herein contained.
(d)Duty of Contractor:The CONTRACTOR shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection of the safety of the improvements being
erected and the property of himself or any other person, as a result of his operations hereunder.
CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction,
installation and use, or non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or property, including, without
limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or
equipment, safety precautions or devices, and similar items or devices used by him during
construction
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(e)Supervision by Contractor:The CONTRACTOR shall give adequate attention to the faithful
prosecution and completion of this contract and shall keep on the work, during its progress, a
competent superintendent and any necessary assistants. The superintendent shall represent the
CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the
CONTRACTOR.
(f)Character of Insurance:The CONTRACTOR agrees to employ only orderly and competent men,
skillful in the performance of the type of work required under this contract, to do the work; and agrees
that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the
work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged
from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S
written consent.
(g)Contractor’s Buildings:The building of structures or the erection of tents or other forms of
protection will be permitted only for use as temporary office space or for storage of materials,
equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the
sanitary conditions of the grounds in or about such structures shall at all times be maintained in a
manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of the Work.
(h)Protection of Site:The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery,
lawns and other improvements during the progress of his work and shall remove from the site all
debris and unused materials.
(i)Sanitation:Necessary sanitary conveniences for the use of laborers on the work, properly secluded
from public observation, shall be constructed and maintained by the CONTRACTOR in such manner
and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly
enforced.
(j)Equipment, Materials, and Construction Plant:The CONTRACTOR shall be responsible for the
care, preservation, conservation, protection and replacement of all materials, supplies, machinery,
equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts
of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or
whether OWNER has taken possession of completed portions of such work, until the entire work is
completed and accepted.
(k)Water for Construction:All water used for construction shall be metered. Water for the Initial
testing and sterilization of newly installed water facilities will be provided at no cost to the
CONTRACTOR. Any retesting of water facilitiesshall be paid for by the CONTRACTOR at the rates
established by the OWNER. All other water required for construction shall be provided by the
OWNER at no cost to the CONTRACTOR. The CONTRACTOR must, however, furnish all pipe,
hose, and fittings necessary to obtain the water and the pipe used shall be clean and sterilized. The
CONTRACTOR shall make arrangements with the OWNER (Public Works Department) prior to using
the water.
(l)Electrical Services:The CONTRACTOR is responsible for obtaining electrical service required for
the construction of project, and the OWNER will not be responsible for any charges.
(m)Losses from Natural Causes:Unless otherwise specified, all loss or damage to the CONTRACTOR
arising out of the nature of the work to be done, or from the action of the elements, or from any
unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties
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which may be encountered in the prosecution of the work, shall be sustained and borne by the
CONTRACTOR at his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a)Protection Against Claims:If any person files a claim against the OWNER, OWNER’s Agent or
CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by,
the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR
must either submit to the OWNER a duly executed full release within thirty (30) calendar days from
the date of written claim, or immediately report the claim to his liability insurance carrier for their
action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the
stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the
OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with
the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney
from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf
of the CONTRACTOR without the necessity of the execution of any other document. If the
CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion,
may terminate this contract or take any other actions it deems appropriate. Any payment or portion
thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of
retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of
liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from
liability.
As a result of the additional work created to OWNER due to non-response of claims for damages by
CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this
Special Condition.
The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim,
including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability
insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of
$75.00 per claim, for its failure to respond to the claimant as described above within thirty (30)
calendar days of its written notice of claim by the City.
To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of
responses or settlement by CONTRACTOR.
(b)Protection Against Accidents to Employees and the Public:The CONTRACTOR shall at all
times exercise reasonable precautions for the safety of employees and others on or near the work
and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and
building and construction codes. All machinery and equipment and other physical hazards shall be
guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated
General contractors of America except where incompatible with Federal, State, or Municipal laws or
regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders,
bridges, gangplanks, and other safety devices. The safety precautions actually taken and their
adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an
independent contractor.
(c)Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate
with the adjacent or adjoining property owners and protect the adjacent or adjoining property or
properties in any way encountered, which might be injured or seriously affected by any process of
construction to be undertaken under this Agreement, from any damage or injury by reason of said
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process of construction; and he shall be liable for any and all claims for such damage on account of
his failure to fully protect all adjoining property.
(d)Protection Against Royalties or Patented Invention:The CONTRACTOR shall pay all royalties
and license fees, and shall provide for the use of any design, device, material or process covered by
letters patent or copyright by suitable legal agreement with the patentee or owner.
(e)Threats to Persons or Property:The CONTRACTOR shall respond promptly to any imminent
threat to persons or property arising from or in relation to performance of the Work. Failure to
promptly correct any threat to persons or propertymay result in a temporary suspension of work until
such time as the threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a)Time and Order of Completion:It is the meaning and intent of this contract, unless otherwise herein
specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner
as shall be most conducive to economy of construction; provided however, that the order and the
time of prosecution shall be such that the work shall be Substantially Completed as a whole and in
part in accordance with this contract, the plans and specifications, and within the time of completion
designated in the Proposal; provided, also, that when the OWNER is having other work done, either
by contract or by his own force, the ENGINEER may direct the time and manner of constructing the
work done under this contract, so that conflict will be avoided and the construction of the various
works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such
times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show
the order in which the CONTRACTOR proposes to carry on the work, with dates at which the
CONTRACTOR will start the several parts of the work, and estimated dates of completion of the
several parts.
(b)Working Hours:Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday,
excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any
variance to these working hours must be requested by the CONTRACTOR in writing at least two
weeks in advance and will require approval from the OWNER upon positive recommendation of the
ENGINEER.
(c)Extension of Time:Should the CONTRACTOR be delayed in the completion of the work by any act
or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors
employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and
unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S
control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension
of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be
allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER
or ENGINEER prompt notice in writing of the cause of such delay.
(d)Hindrances and Delays:No claims shall be made by the CONTRACTOR for damages resulting
from hindrances or delays from any cause (except where the work is stopped by order of the
OWNER) during the progress of any portion of the work embraced in this contract. In case said work
shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER
is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
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(e)Liquidated Damages:The time of completion is of the essence for this Contract. For each day that
any work shall remain uncompleted after the time specified in the Contract or in an executed Change
Order, including milestone completion dates, substantial completion, and final completion, the
OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the
work remains uncompleted:
Amount of Contract Amount of Liquidated Damages
Less than $100,000 $100 per day
$100,000 to $1,000,000 $250 per day
Greater than $1,000,000 $500 per day
GC.07 CONTROL OF WORK AND MATERIAL:
(a)Shop Drawings and Submittals:The CONTRACTOR shall submit to the OWNER or ENGINEER,
with such promptness as to cause no delay in his own work or in that of any other contractor, four
(4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules
required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them
with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any
corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish
such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings
or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or
specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such
deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort
in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely
review all shop drawings to ascertain their effect on his ability to perform the required contract work
in accordance with the plans and specifications and within the contract time.
Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the
sufficiency of said drawings or schedules to result in finished improvements in conformity with the
plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent
contractor as previously set forth, it being expressly understood and agreed that the OWNER or
ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or
schedules, or any means or methods reflected thereby, in relation to the safety of either person or
property during CONTRACTOR'S performance hereunder.
(b)Temporary Traffic Control:Where the Work is carried on, in or adjacent to any road, alley,
sidewalk, trail, or other public space, the CONTRACTOR shall at his own cost and expense furnish,
erect and maintain temporary traffic control devices and shall take such other precautionary
measures for the protection of persons or property and of the Work as are necessary. A sufficient
number and arrangement of temporary traffic control devices shall be erected to keep vehicles and
persons from entering on or into any work under construction. The CONTRACTOR's responsibility
for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until
the project has been accepted by the Owner.
All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and
barricades shall be constructed of retro-reflective sheeting, and cones and other channelizing
devices shall have retro-reflective banding. All temporary traffic control devices shall comply with
and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices.
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The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail,
or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have
a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72
hours in advance to the OWNER or ENGINEER for review and approval.
The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades,
signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER
may order the damaged portion immediately removed and replaced by the CONTRACTOR at his
cost and expense.
(c)Public Convenience:Materials stored about the Work shall be so placed, and the Work shall at all
times to be so conducted, as to causeno greater obstruction to the traveling public than is considered
necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks,
trails, and private driveways for the free passage of pedestrians and vehicles provided that where
free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may
make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own
expense, provide all material and perform all work necessary for the construction and maintenance
of such diversions. The materials excavated, and the construction materials or plant used in the
construction of the Work, shall be placed so as not to endanger the Work or prevent free access to
all public and private utilities and related appurtenances.
The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards
to the public convenience and safety which may come to its attention after twenty-four (24) hours’
notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to
remedy any neglect without notice; and in either case, the cost of such work done by the OWNER
shall be deducted from monies due or to become due to the Contractor.
(d)Testing of Materials:Testing and inspection of materials required by the specifications shall be
performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the
OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the
CONTRACTOR, including any materials or specimens for testing. Any testing of material or
workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be
made direct to the testing laboratory by the CONTRACTOR.
The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he
proposes to incorporate into the work are in accordance with the specifications. Mill tests for
reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material
being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe,
valves, hydrants when it is definite that the material being furnished is in accordance with the
manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of
quality and gradation of asphaltic material will be acceptable as long as the material is secured from
the sources to which the evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the validity of the above
information be called into question, the OWNER shall have the right to require tests to be made by
the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the
CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR.
(e)Trench Excavation Protection:It is the sole duty, responsibility, and prerogative of the
CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench
safety system to each field condition encountered on the project as required by Part 1926, Sub-part
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P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's
Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to
accurately adjust his trench safety methods according to the OSHA requirements.
(f)Explosives:The use of explosives shall not be permitted.
GC.08 INSPECTION AND ACCEPTANCE:
(a)Inspection of Work:Inspection will be performed by representatives of the OWNER, ENGINEER,
other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on
this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other
reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the
OWNER, ENGINEER, other reviewing agencies, and their designees’ reasonable access and
facilities for inspecting the Work and determining whether or not the Work is in accordance with the
Contract Documents
The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of
work completed without proper inspection, as directed by the OWNER, ENGINEER, or other
reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the
CONTRACTOR's expense.
(b)Inspection Overtime:The OWNER and ENGINEER will provide inspection staff on weekdays
between 8:00 AM and 5:00 PM. Inspection performed outside these hours or on weekends or
holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER.
The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing
agencies.
(c)Use of Completed Portions:The OWNER shall have the right to take possession of and use any
completed or partially completed portions of the work, notwithstanding the time for completing the
entire work or such portions may not have expired. Such taking possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract Documents, nor
shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost
of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension
of time, or both, as the OWNER or ENGINEER may determine.
(d)Defects and their Remedies:If the Work or any portion thereof, or any material brought on the site
of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or
ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after
receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full accordance with this contract.
(e)Preliminary Final Inspection:Upon substantial completion of the Work, the CONTRACTOR shall
request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER,
and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects
to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance
with the Contract Documents.
(f)Final Inspection:Upon completion of all items identified on the punch list, the CONTRACTOR shall
request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other
reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such
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defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER
will provide written notice of Completion of the Work to the CONTRACTOR.
(g)Acceptance:Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER
such documentation as is necessary to insure that the work has been completed, subcontractors
and suppliers have been paid, any claims received have been settled, and other documentation as
required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER
or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR.
GC.09 MEASUREMENT AND PAYMENT:
(a)Quantities:The quantities of each item on the bid proposal blank represent the approximate amount
of work to be done. Final quantities actually built will be determined and paid for by actual
measurements on the ground of the final work completed and documented through a Change Order
duly executed by both parties. Bidders are especially notified that no incidental items of work will be
paid for unless there appears an item in the proposal blank for such work. It must be strictly
understood that the prices bid are for complete and acceptable work.
(b)Measurement:Quantities of individual items of work shall be based on the final, in-place quantity of
the item of work, measured or computed using the units specified in the Proposal. Where a
discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and
CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the
determination of the ENGINEER shall be used.
(c)Progress Payments:As close as practical to the end of each month in which work has been
performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment
showing as completely as practicable the total value of the work done by the CONTRACTOR up to
and including the last day immediately preceding the date of such application and the value of all
sound materials delivered on the site of the work that are to be fabricated into the work.
The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S
application for payment, shall either approve or modify the total value of the work done by
CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such
application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or
ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of
the application from CONTRACTOR.
The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt of the application
from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work.
(d)Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR.
The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the
following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
(v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be
filled against the CONTRACTOR;
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(vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material
and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to persist by the
CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records
requested by the OWNER;
(ix) use of subcontractors without the consent of the ENGINEER or OWNER;
(x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or
to turn redline as-built drawings over to the OWNER.
GC.10 EXTRA WORK AND CLAIMS:
(a)Change Orders:Without invalidating this Agreement, the OWNER may, at any time or from time to
time, order additions, deletions or revisions to the work; such changes will be authorized by written
Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order
shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and
any change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared
by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as
set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra
Work involved therein, as hereinafter provided.
(b)Minor Changes:The OWNER or ENGINEER may authorize minor changes in the work not
inconsistent with the overall intent of the Contract Documents and not involving an increase in
Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the
OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price,
the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field
Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in
accordance with the provisions of this section prior to beginning the work covered by the proposed
change.
(c)Extra Work:It is agreed that the basis of compensation to the CONTRACTOR for work either added
or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by
one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is
commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus
fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the
CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and
materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually
employed or used on such Extra Work, plus actual transportation charges necessarily incurred,
together with all power, fuel, lubricants, water and similar operating expenses, also all necessary
incidental expenses incurred directly on account of such Extra Work, including Social Security Old
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Age Benefits and other payroll taxes, and, a ratable proportion of premiums on Performance and
Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Worker’s
Compensation, and all other insurance as may be required by any law or ordinance, or directed by
the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which
accounts of the "actual field cost" shall be kept and the records of these accounts shall be made
available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing,
before the work commences, the method of doing the work and the type and kind of machinery and
equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by
using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership
Expense adopted by the Associated General Contractors of America. Where practicable the terms
and prices for the use of machinery and equipment shall be incorporated in the written Change Order.
The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and
compensate him for his profit, overhead, general superintendence and field office expense, and all
other elements of cost and expense not embraced within the "actual field cost" as herein defined;
save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account
of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual
field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or
ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR
to involve Extra Work for which he should receive compensation or an adjustment in the construction
time, he shall make written request to the OWNER or ENGINEER for written order authorizing such
Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work,
or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the
CONTRACTOR shall proceed with the work after making written request for written order and shall
keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The
CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general
jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for
Extra Work.
GC.11 CONTRACT TERMINATION
(a)Abandonment by CONTRACTOR:In case the CONTRACTOR should abandon and fail or refuse
to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if
the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders
are consistent with the Contract Documents, then, and in that case, where performance and payment
bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the
work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any
materials and equipment under contract for the work, may be held for use on the work by the OWNER
or the Surety on the performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with
Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims),
it being understood that the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
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In case the Surety should fail to commence compliance with the notice for completion hereinbefore
provided for, within ten (10) days after service of such notice, then the OWNER may provide for
completion of the work in either of the following elective manners:
The OWNER may employ such force of men and use such machinery, equipment, tools, materials
and supplies as said OWNER may deem necessary to complete the work and charge the expense
of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and
expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due,
or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been payable under this
contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall
receive the difference. In case such expense is greater than the sum which would have been payable
under this contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or
The OWNER under sealed bids, after five (5) days’ notice published one or more times in a
newspaper having general circulation in the county of the location of the work, may let the contract
for the completion of the work under substantially the same terms and conditions which are provided
in this contract. In the case of any increase in cost to the OWNER under the new contract as
compared to what would have been the cost under this contract, such increase shall be charged to
the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost
to complete any such new contract prove to be less than what would have been the cost to complete
under this contract, the CONTRACTOR and/his Surety shall be credited therewith.
When the work shall have been substantially completed the CONTRACTOR and his Surety shall be
so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized
statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall
then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the
CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as
reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion.
After final completion of the work and in the event the statement of accounts shows that the cost to
complete the work is less than that which would have been the cost to the OWNER had the work
been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR
and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery,
equipment, tools, materials or supplies left on the site of the work shall be turned over the
CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price,
and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies
on the site of the work, notice thereof, together with an itemized list of such equipment and materials,
shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this
contract; provided, however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the risk of the
CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to
protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to
the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private
sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery,
equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than
the CONTRACTOR or his Surety, to their proper owners.
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(b)Abandonment by OWNER:In case the OWNER shall fail to comply with the terms of this contract
within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may
suspend or wholly abandon the work, and mayremove therefrom all machinery, tools and equipment,
and all materials on the site of work that have not been included in payments to the CONTRACTOR
and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the
total amount earned by the CONTRACTOR, which estimate shall include the value of all work
actually completed by said CONTRACTOR, the value of all partially completed work at a fair and
equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by
the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The
ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting
from the above estimate all previous payments by the OWNER and all other sums that may be
retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER
who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER
of such certified final statement.
(c)Termination of Contract in Case of National Emergency:Whenever, because of a national
emergency, so declared by the President of the United States or other lawful authority, it becomes
impossible for the Contractor to obtain all of the necessary labor, material and equipment for the
prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall
within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which
have been made and listing all necessary items of labor, material and equipment not obtainable. If,
after investigation, the Owner finds that such conditions exist and that the inability of the Contractor
to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the
Owner cannot after reasonable effort assist the Contractor in procuring and making available the
necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the
Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request,
and the termination shall be based on a final settlement, which shall include, but not be limited to,
the payment for all work executed.
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SPECIAL CONDITIONS
SC.01 PURPOSE:The Special Conditions contained herein set forth conditions or requirements particular to this
Contract:CSP NO. 2021-16-B COIT RD AT US 380
PAVING AND STRIPING IMPROVEMENTS
The Special Conditions supplement the General Conditions and the Standard Specifications and take
precedence over any conditions or requirements of the General Conditions and the Standard Specifications
with which they are in conflict.
SC.02 DEFINITIONS:The following words and expressions, or pronouns used in their place, shall wherever they
appear in this Contract, be construed as follows, unless a different meaning is clear from the context:
ENGINEER:The Engineer of Record as shown on the Construction Drawings: John E. Elliot, P.E.,
RLK Engineering, Inc.
SC.03 MINIMUM STANDARDS OF RESPONSBILITY:A prospective vendor must affirmatively demonstrate
responsibility. The Town of Prosper may request representation and other information sufficient to determine
respondent’s ability to meet the minimum standards, including but not limited to:
A. Have adequate financial resources, or the ability to obtain such resources as required;
B. Have a satisfactory record of performance on a minimum of three (3) completed projects of similar scope,
quantities, and cost, within the past five (5) years;
C. Ability to comply with the required or proposed delivery schedule;
D. Have a satisfactory record of integrity and ethics; and
E. Be otherwise qualified and eligible to receive an award.
SC.04 INTRODUCTION:The Town of Prosper (“Town”) is accepting competitive sealed proposals (CSP) for
furnishing all labor, equipment and materials (except as otherwise specified), and performing all work
necessary for the construction of COIT RD AT US 380_PAVING AND STRIPING IMPROVEMENTS
The contract will be awarded based on the evaluation criteria stated herein. This document provides interested
firms with the information necessary to prepare and submit a proposal for consideration. Proposals are to be
submitted in accordance with this document, and the accompanying instructions.
There is no expressed or implied obligation for the Town to reimburse responding firms for any expenses
incurred in preparing proposals in response to this request. All costs directly or indirectly related to preparation
of a response to this request for competitive sealed proposals (CSP), any oral presentation required to
supplement and/or clarify a proposal, and/or reasonable demonstrations which may be, at its discretion,
required by the Town shall be the sole responsibility of, and shall be borne completely by the proposer.
Proposals for the projects as specified will be received online, or in hard copy. The date/time stamp located
in the Purchasing Office serves as the official time clock. Late Submissions will not be considered.
Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper
is not responsible for issues encountered with methods of delivery. The Town reserves the right to reject any
or all proposals submitted.
Proposals submitted will be reviewed by Town staff. It is the responsibility of the proposer to ensure the
receipt of any and all addenda related to the proposal. It shall be the sole responsibility of the respondent to
insure that their proposal is received by the Purchasing Office within the time limit indicated. Late proposals
will not be considered.
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During the evaluation process, the Town reserves the right, where it may serve the Town’s best interest, to
request additional information or clarifications from proposers, or to allow corrections of errors or omissions.
At the discretion of the Town, firms submitting proposals may be requested to make oral presentations
as part of the evaluation process, including an oral presentation to the Town Council.
The Town reserves the right to retain all proposals submitted, and to use any ideas in a proposal regardless
of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the
conditions contained in this CSP, unless clearly and specifically noted in the proposal submitted and confirmed
in the contract between the Town and the firm selected. All proposals submitted will remain valid for a
period of 90 days subsequent to the CSP due date.
SC.05 SPECIFICATIONS:Proposal must meet or exceed the specifications and requirements herein, in order to be
considered.
SC.06 MAINTENANCE BOND:The Contractor shall procure and pay for a Maintenance Bond applicable to the
work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance
Bond shall be two years from the date of acceptance of all work done under the contract, to cover the
guarantee as set forth in this Construction Agreement.
SC.07 SUBMITTALS:In order for your proposal to be considered responsive, the following information must be
submitted:
A. Qualifications and Experience
1) Outline contractor and subcontractor experience with similar projects, and label as Attachment A1.
2) Submit resumes for key personnel that will be assigned to the project (executive and management
team, as well as on-site project manager) and label as Attachment A2.
3) Complete and submit the Completed Projects and References Worksheet. And label as Attachment
A3.
4) Submit a copy of an actual project schedule used during construction and label as Attachment A4.
B. Pricing
You should respond to all Bid Lines listed on the Proposal Form for this project as follows:
1) The Town is exempt from paying Texas State or local sales and use taxes. Please ensure the prices
proposed do not include taxes.
C. Proposal Conditions
1) Contractor must respond to all Conditions in the Proposal Form for this project.
SC.08 EVALUATION CRITERIA:A review committee will evaluate submissions received in accordance with the
general criteria defined herein. Failure of respondents to provide in their submission any information requested
in this CSP may result in disqualification of the submission. The objective of the review committee will be to
select the Proposal that provides the best value to the Town. The decision made by the Town of Prosper will
be final. The agreement will be awarded based on the following evaluation criteria:
A. Qualifications and Experience (30%)
B. Proposed Project Timeline (20%)
C. Cost Proposal (50%)
Attachment 3
Page 159
Item 15.
CSP NO: 2021-16-B COIT RD AT US 380_PAVING AND STRIPING IMPROVEMENTS
(Document Version 10/20)
48
SC.09 INTERVIEWS AND PRESENTATIONS:In fairness to all firms, requests for interviews prior to the closing
time and date will not be permitted. Interviews with selected firms may or may not be requested bythe Town
after the closing date. Selection may be made strictly from the informationprovided in the Proposal. However,
the Town reserves the right to conduct interviews with and request presentations from any respondents.
SC.10 SELECTION AND AWARD:If the Town is unable to reach an agreement with the first-ranked Contractor,
the Town shall terminate further discussions with the first-ranked Contractor, and commence negotiations with
the next-ranked Contractor, in the order of the selection ranking until an agreement is reached, or all Proposals
are rejected. Time is of the essence, and the award of the contract to the successful Contractor is expressly
conditioned upon (1) the Contractor’sexecution and delivery of the Contract, and delivery of all required bonds
and evidence of insurance, within ten (10) calendar days after the Contractor is notified of the acceptance of
its Proposal, and (ii) the Contractor’s timely fulfillment of any and all other preconditions expressly set forth in
the Contract Documents. Should the Contractorfail to timely execute and deliver the contract, required bonds,
evidence of insurance, or fail to timely fulfill any other such preconditions, the Town may, at its option and
discretion, without releasing, impairing or affecting its right to receive the Proposal security as damages for
such failure, rescind the award, commence negotiations with the next ranked Contractor, or may reject all
Proposals.
There will be no contractual obligation on the part of the Town to any Contractor, nor will any firm have any
property interest or other right in the contract or work being proposed, unless and until the Agreement is
unconditionally executed and delivered by all parties, all submittals required by the Proposal Documents and
Agreement and all conditions to be fulfilled by the selected firm have either been so fulfilled by the firm, or
waived in writing by the firm or Town, as applicable.
SC.11 SUBMISSION OR DELIVERY OF PROPOSAL:Proposals for the construction services specified will be
accepted via email to lhigginbotham@prospertx.gov or in hard copy in the Engineering Office located
in the 2nd Floor Development Services Suite of Town Hall, 250 W. First St., Prosper, Texas 75078.
Attachment 3
Page 160
Item 15.
CSP NO: 2021-16-B COIT RD AT US 380_PAVING AND STRIPING IMPROVEMENTS
(Document Version 10/20)
49
TECHNICAL SPECIFICATIONS
TS.01: GENERAL:Please reference the Construction Plans for all other technical specifications not contained
herein.
Attachment 3
Page 161
Item 15.
CSP NO: 2021-16-B COIT RD AT US 380_PAVING AND STRIPING IMPROVEMENTS
(Document Version 10/20)
50
INSURANCE REQUIREMENTS
CONSTRUCTION SERVICES
Services for construction projects, including but not limited to: General Contractors, Demolition Contractors, Utility Contractors,
Building Contractors, Street and Road Contractors, etc.
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s bid. A certificate of
insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being
performed or rendered. Renewal certificates shall also be supplied upon expiration.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form
only, “claims made” forms are unacceptable.
2. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’
Liability Insurance.
3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles.
Automobile Liability is only required if vehicle(s) will be used under this contract.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain throughout contract limits not less than:
1. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily
injury, personal injury and property damage. Policy will include coverage for:
a. Premises / Operations
b. Broad Form Contractual Liability
c. Products and Completed Operations
d. Personal Injury
e. Broad Form Property Damage
f. Explosion Collapse and Underground (XCU) Coverage.
2. Workers’Compensation and Employer’s Liability: Workers’Compensation limits as required by the Labor Code
of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per
occurrence, and $100,000 per occupational disease.
3. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town.
Automobile liability shall apply to all owned, hired and non-owned autos.
4. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of
the structure. Town shall be listed as Loss Payee.
5. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and
Employers Liability coverages.
Attachment 3
Page 162
Item 15.
CSP NO: 2021-16-B COIT RD AT US 380_PAVING AND STRIPING IMPROVEMENTS
(Document Version 10/20)
51
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverages:
a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added
as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the
contractor, products and completed operations of the contractor, premises owned, occupied or used
by the contractor. The coverage shall contain no special limitations on the scope of protection
afforded to the Town, its officers, officials, employees or volunteers.
b. The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers,
officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its
officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall
not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the
Town, its officers, officials, employees, boards and commissions or volunteers.
d. The contractor’s insurance shall apply separately to each insured against whom the claim is made
or suit is brought, except to the limits of the insured’s limits of liability.
2. Workers’ Compensation and Employer’s Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees
and volunteers for losses arising from work performed by the contractor for the Town.
3. All Coverages:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written
notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment.
E. ACCEPTABILITY OF INSURERS
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.
F. VERIFICATION OF COVERAGE
Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be
signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the
ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of
insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
Certificate Holder to be listed as follows: Town of Prosper
P.O. Box 307
Prosper, TX 75078
Attachment 3
Page 163
Item 15.
Attachment 3
Page 164
Item 15.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
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 are the Preliminary Site Plans and Site Plan that were acted on by the Planning & Zoning
Commission at their November 17, 2020 meeting. Per the 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. Preliminary Site Plan for Gates of Prosper, Block E
2. Preliminary Site Plan for Prosper United Methodist Church
3. Site Plan for Prosper Trails Office Center
4. Site Plan for Rock Creek Church Temporary Buildings
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
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24'DATENo.REVISIONBYDATE:
SHEET
File No.
10/01/2020
CHECKED:MAM
DRAWN:ASD
DESIGN:ASDTHE GATES OF PROSPERBLOCK E, LOTS 1, 2 & 3PROSPER, TEXAS301 S. COLEMAN, SUITE 40PHONE: 817.281.0572PROSPER, TX 75078 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2020-XX
PRELIMINARY
CLAYMOORE ENGINEERING
COUNTY SURVEY:ABSTRACT NO.
COLLIN EDWARD BRADLEY SURVEY 86
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT/REPRESENTATIVE:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PH: 817.201.6982
SURVEYOR:
EAGLE SURVEYING, LLC
210 S. ELM STREET
DENTON, TX 76201
PH: 940.222.3009
380 & 289, LP
8000 WARREN PARKWAY
FRISCO, TX 75034
PH: 972.543.2412
CASE # : D20-0081
CONTACT NAME: MATT MOORE
CONTACT NAME: DAN RICK
GATES OF PROSPER, BLOCK E, LOTS 1 - 3
8.467 ACRES
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
GATES OF PROSPER , BLOCK E
VICINITY MAP
N.T.S.
SITE
0
GRAPHIC SCALE
1 inch = ft.
50 50 100
50
25 PRELIMINARY SITE PLANPSP-1
STANDARD NOTES:
ANY REVISIONS TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL
REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS
BETWEEN PLANS
1. ALL DIMENSIONS ARE TO BE TAKEN FROM FACE OF CURB.
2. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN
ACCORDANCE WITH THE ZONING ORDINANCE
3. OPEN STORAGE, WHERE PERMITTED , SHALL BE SCREENED IN
ACCORDANCE WITH THE ZONING ORDINANCE
4. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE
STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND
SUBDIVISION ORDINANCE.
5. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY
THE TOWN.
6. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED
WITHIN THE ZONING ORDINANCE.
7. BUILDINGS OF 5,000 SF OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY
THE FIRE DEPARTMENT.
8. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN
STANDARDS OF AS DIRECTED BY THE FIRE DEPARTMENT.
9. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY
AT ALL TIMES.
10. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE
11. 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.
12. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SIRE
PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.
14. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING
OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED
FACADE PLAN.
15. SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG
THOROUGHFARES AND COLLECTORS AND FIVE (5) FEED WIDTH ALONG
RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB
CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.
16. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING
PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT.
17. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
18. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED
UNDERGROUND.
19. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC
VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.
20. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER
TYPE OF EASEMENT.
21. IMPACT FEES WILL BE ACCESSED IN ACCORDANCE WITH THE LAND
USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY
TABLE. HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE
TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL
IMPACT FEES AND/OR PARKING REQUIREMENTS.
22. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE
FOR A PERIOD OF TWENTY-FOUR (24) MONTHS FROM THE DATE OF
APPROVAL BY THE PLANNING AND ZONING COMMISSION. AT THE END
OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND
RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING
PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE
NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY
PRELIMINARY SIRE PLAN FOR THE PROPERTY, IS NULL AND VOID.
23. OFFICE SPACE USED FOR MEDICAL PURPOSES REQUIRES ADDITIONAL
PARKING
24. THE TRAIL ALIGNMENT IS CONCEPTUAL. FINAL ALIGNMENT WILL BE
DETERMINED ON THE SITE PLAN
LEGEND
EXISTING FIRE LANE
PAVING
PROPOSED FIRE LANE
PAVING
PROPOSED CONCRETE
CURB AND GUTTER
PROPERTY LINE
FIRE LANE
EASEMENT LINE
FULL DEPTH SAW CUT
PROPOSED FIRE
HYDRANT
FIRE DEPT. CONNECTION CONTACT NAME: SCOTT SHIPP
CANOPY
11.5'CANOPY
11.5'
CANOPY
11.5'
QUICK SERVICE
STALLS
50
50 RETAIL &
REST.
10.5'
STRIPING
Page 166
Item 16.
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Scale: 1" = 100' November, 2020 SEI Job No. 20-002 Sheet: 1 of 5
OWNER / APPLICANT
Prosper United Methodist Church
205 S. Church Street
Prosper, Texas 75078
Telephone: (972) 347-2372
Contact: Jason McConnell
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
TBPE No. F-2121
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
Contact: David Bond
LOCATION & SHEET KEY MAP
1" = 2000'
PROJECT
LOCATION
CASE No. - D 20-0080
PRELIMINARY SITE PLAN
Prosper United
Methodist Church Addition
Block A, Lot 1
39.696 Acres Gross/38.205 Acres Net
SITUATED IN THE
A.RICE SURVEY, ABSTRACT NO. 787
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Boundary Line Table Boundary Line Table Boundary Line Table Boundary Curve TableBoundary Line Table Boundary Line Table Boundary Line Table Boundary Curve Table
Cab. 2011, Pgs. 74 & 75 PRCCT39.696 Acres
( 1,729,164 Sq. Ft.)45' R.O.W.Cab. 2011, Pgs. 74 & 75 PRCCTVariable width R.O.W.45' R.O.W.Cab. 2011, Pgs. 74 & 75 PRCCT39.696 Acres
( 1,729,164 Sq. Ft.)45' R.O.W.Cab. 2011, Pgs. 74 & 75 PRCCTVariable width R.O.W.45' R.O.W.Page 167
Item 16.
Scale: 1" = 40' November, 2020 SEI Job No. 20-002 Sheet: 2 of 5
S
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CASE No. - D 20-0080
PRELIMINARY SITE PLAN
Prosper United
Methodist Church Addition
Block A, Lot 1
39.696 Acres Gross/38.205 Acres Net
SITUATED IN THE
A.RICE SURVEY, ABSTRACT NO. 787
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXASCab. 2011, Pgs. 74 & 75 PRCCT45' R.O.W.Cab. 2011, Pgs. 74 & 75 PRCCT45' R.O.W.Page 168
Item 16.
Scale: 1" = 40' November, 2020 SEI Job No. 20-002 Sheet: 3 of 5
S
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CASE No. - D 20-0080
PRELIMINARY SITE PLAN
Prosper United
Methodist Church Addition
Block A, Lot 1
39.696 Acres Gross/38.205 Acres Net
SITUATED IN THE
A.RICE SURVEY, ABSTRACT NO. 787
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXASCab. 2011, Pgs. 74 & 75 PRCCT45' R.O.W.Cab. 2011, Pgs. 74 & 75 PRCCT45' R.O.W.Page 169
Item 16.
Scale: 1" = 40' November, 2020 SEI Job No. 20-002 Sheet: 4 of 5
S
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CASE No. - D 20-0080
PRELIMINARY SITE PLAN
Prosper United
Methodist Church Addition
Block A, Lot 1
39.696 Acres Gross/38.205 Acres Net
SITUATED IN THE
A.RICE SURVEY, ABSTRACT NO. 787
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
39.696 Acres39.696 Acres
Page 170
Item 16.
Scale: 1" = 100' November, 2020 SEI Job No. 20-002 Sheet: 5 of 5
S
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CASE No. - D 20-0080
PRELIMINARY SITE PLAN
Prosper United
Methodist Church Addition
Block A, Lot 1
39.696 Acres Gross/38.205 Acres Net
SITUATED IN THE
A.RICE SURVEY, ABSTRACT NO. 787
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXASVariable width R.O.W.Variable width R.O.W.Page 171
Item 16.
Town Case No. - D20-0086
SITE PLAN
PROSPER TRAILS
OFFICE CENTER
BLOCK A, LOTS 3 & 4
2.06 Acres
SITUATED IN THE
WILLIAM BUTLER SURVEY ~ ABST. 112
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Scale: 1" = 20' November, 2020 SEI Job No. 20-134
OWNER / APPLICANT
AXI Holdings Plan
17916 Hillcrest Road
Dallas, Texas 75252
Telephone (214) 957-2764
Contact: Mike Fazeli
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
TBPE No. F-2121
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
Contact: David BondVicinity Map
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SHEET 1 OF 2
Page 172
Item 16.
Town Case No. - D20-0086
SITE PLAN
PROSPER TRAILS
OFFICE CENTER
BLOCK A, LOTS 3 & 4
2.06 Acres
SITUATED IN THE
WILLIAM BUTLER SURVEY ~ ABST. 112
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Scale: 1" = 20' November, 2020 SEI Job No. 20-134
OWNER / APPLICANT
AXI Holdings Plan
17916 Hillcrest Road
Dallas, Texas 75252
Telephone (214) 957-2764
Contact: Mike Fazeli
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
TBPE No. F-2121
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
Contact: David Bond
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SHEET 2 OF 2
Page 173
Item 16.
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///////////////////////////////////////////////////////////////////////////////////////////•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••///////////////////////////////// DUMPSTER
ENCLOSURE
25' LANDSCAPE SETBACK
5' LANDSCAPE
SETBACK
24' F.L.A.U.E.
30' F.L.A.U.E.233'EX. IRRIGATION METER
1 2
15' LANDSCAPE
SETBACK
EX. DOMESTIC METER
205'6'
35'36' D.E.15' D.E.
15' S.S.E.24' F.L.A.U.E.24' F.L.A.U.E.24' F.L.A.U.E.
24' F.L.A.U.E.
10' COSERV E.
52' F.L.A.U.E.
10' CABLE CO. E.FISHTRAP ROAD3.53 ACRES
LOT 1
BLOCK A
MIN. F.F.E = 601.0
25' LSC.E.40' B.L.25'
10' W.E.
10' W.E.
10' W.E.
10' W.E.
20' B.L.
10' W.E.
N 01°06'57" W 203.60'N 88°53'19" E 66.57' N 01°06'25" W 217.60'N 88°53'07" E 352.48'S 00°36'32" W 789.52'S 89°07'56" W 406.79'10'15'23.5'64.0'23.5'A TRACT OF LAND DESCRIBED IN A DEED TO
MAV PARTNERS, LLC.
INST. NO. 2014-63637
O.P.R.D.C.T.
10' W.E.
BUILDING
BUILDING 5'19'
CONNECT PROP. 6" PVC SEWER
SERVICE TO EX. 8" PVC SEWER LINE
SAWCUT 6'x18' INTO EXISTING
CONCRETE PAVEMENT
CONNECT PROP. 1" WATER
SERVICE TO EX. 12" WATER LINE
AC CONCRETE PAD
WITH SCREENING
SAN. CLEAN OUT
FENCE ENCLOSURE
8"
P
V
C
12" WATER LINE
12" WATER LINE12" WATER LINE20" WATER LINE18" PVC18" PVCALL WEATHER
ACCESS L O C A T I O N M A P
Project
Site
LEGEND
1'=40"
N/A SITE PLAN
1
of
1revisionno.dateby
tnp project
sheet
Town of Prosper, Texas
Improvements for
RockCreek Church
Oct-2020
scale
horiz
vert
when bar is
1 inch long
teague nall and perkins, inc
825 Watters Creek Blvd., Suite M300
Allen, Texas 75013
214.461.9867 ph 214.461.9864 fx
www.tnpinc.com
TBPELS:ENGR F-230; SURV 10011600, 10011601, 10194381
GBPE:PEF007431; TBAE: BR 2673
OWNER
CHURCH OF CELEBRATION METRO, INC.
CONTACT: DEKE ALEXANDER
28691 HARPER ROAD
PROSPER, TEXAS 76226
PH MAIN: 972.822.9598
CIVIL ENGINEER
TNP, INC.
CONTACT: MATT ATKINS, P.E.
825 WATTERS CREEEK BLVD., SUITE M300
ALLEN, TEXAS 75013
PH MAIN: 214.461.9867
PH DIRECT: 972.833.6872
EMAIL: MATKINS@TNPINC.COM
TYPE SIZE SAN
DOM 1" 6"
WATER METER SCHEDULE
B.L. = BUILDING LINE
S.S.E. = SANITARY SEWER EASEMENT
W.E. = WATER EASEMENT
D.E. = DRAINAGE EASEMENT
COSERV.E. = COSERVE ELECTRIC EASEMENT
FL.A.U.E. = FIRELANE, ACCESS & UTILITY EASEMENT
SITE PLAN NOTES
Any revision to this plan will require town approval and will require revisions to any corresponding plans to avoid conflicts between plans.
1.Dumpsters and trash compactors shall be screened per the Zoning Ordinance.
2.Open storage, where permitted, shall be screened per 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 yb the Fire Department.
7.Occupant notification per this section and 907.5 shall be required for all new construction, or existing construction complying with the International Building Code, for
renovations to existing buildings, tenant spaces, changes in occupancy, replacement or modification of the existing fire alarm system, or as required by the Fire
Code Official, for all buildings or spaces provided with an approved automatic sprinkler system.
8.Fire lanes shall be designed and constructed per Town Standards or as directed by the Fire Department.
9.Two points of access shall be maintained for the property at all times.
10.Speed bumps/humps are not permitted within a fire lane.
11.Fire lanes shall be provided within 150 feet of all exterior walls of any building for hose lay requirements. Amendment 503.1.1
12.The fire lane shall be a minimum of 24 feet wide. Amendment 503.2.1
13.Buildings more that 30 feet in height are required to have a minimum of a 26-foot wide fire lane in the immediate vicinity for firefighting operations of the building.
One of the 26-foot wide fire lanes shall be located a minimum of 15 feet from the building and no more that 30 feet. Appendix D105
14.The inside turning radius of the 24-foot fire lane shall be a minimum of 30 feet. Amendment 503.2.4
15.The inside turning radius of the 26-foot fire lane shall be a minimum of 30 feet. Amendment 503.2.4
16.Dead-end fire lanes are only permitted with approved hammerheads.
17.Fire hydrants shall be provided at the entrances and intersections. Amendment 507.5.1
18.As properties develop, fire hydrants shall be located at all intersecting streets and the maximum spacing shall be every 300 feet (30') for all developments, and
facilities other R3. R-3 developments shall be every 500 feet (500'). Distances between hydrants shall be measured along the route that fire hose is laid by a fire
apparatus from hydrant-to-hydrant, not as the "crow flies." Amendment 507.5.1
19.Fire department connection (FDC) for the fire sprinkler system shall be located within 50 feet of a fire hydrant and 50 feet of a fire lane. 5" Storz, 30-degree
downward turn with locking cap. Amendment 507.5.1
20.Fire hydrants shall be located 2 foot (2') to 6 foot (6') back from the curb or fire land and shall not be located in the bulb of a cul-de-sac. Amendment 507.5.1
21.There shall be a minimum of two (2) fire hydrants serving each property within the prescribed distances listed above. A minimum of one fire hydrant shall be located
on each lot. Amendment 507.5.1
22.A minimum 10-foot unobstructed width shall be provided around a building for adequate Fire Department access. A continuous row of parking and landscaping shall
be considered a barrier. Amendment 503.1.1
23.The maximum dead- end cul-de-sac length shall not exceed six hundred feet (600') as measured from the centerline of the intersection street to the center point of
the radius. Amendment 503.1.5
24.One-and two-family dwellings automatic fire systems. Automatic fire protection systems per NFPA 13D or NFPA 13R shall be provided in all one-and two-family
dwellings with a conditioned floor area of 5,500 square feet (511 m2) or greater, dwellings three (3) stories or greater, or dwellings with roof heights exceeding
thirty-five feet (35') from grade. IRC-2015 Amendment R313.2
25.Handicapped parking area and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with the requirements of the current, adopted
building code.
26.All signage is subject to Building Official approval.
27.All fences and retuning walls shall be shown on the Site Planned are subject to Building official approval.
28.All exterior building materials are subject to Building Official approval and shall conform to the approved facade plan.
29.Sidewalks of not less than six (6) feet in width along thoroughfares and collectors and five (5) feet in width along residential streets and barrier-free ramps at all curb
crossings shall be provided per Town Standards.
30.Approval of the Site Plan is not final until all engineering plans are approved by the Engineering Services Department
31.Site Plan Approval is required before the grading release.
32.All new electrical lines shall be installed and/or relocated underground.
33.All mechanical equipment shall be screened from public view per the Zoning ordinance.
34.All landscape easements must be exclusive of any other type of easement.
35.Impact fees will be assessed per the land use classification(s) identified on the Site Data Summary Table;
36.however, changes to the proposed land use at the time of CO and/or finish-out permit may result in additional impact fees and/or parking requirements.
37.The approval of a Site Plan shall be effective for eighteen (18) months from the date of approval by the Planning & Zoning Commission, at the end of which time the
applicant must have submitted and received the approval of engineering plans and building permits. If the engineering plans and building permits are not approved,
the Site Plan approval, together with any preliminary Site Plan for the property, is null and void.
Page 174
Item 16.
Page 1 of 3
To: Mayor and Town Council
From: Rebecca Zook, Executive Director of Development and Infrastructure Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon approving a resolution supporting U.S. Highway 380 as a Controlled Access
Highway and strongly opposing the consideration of the Gold or Brown Alternative Segment B
alignments as presented by TxDOT on October 12 and 29, 2020, due to the negative impacts on
existing and future development within the southeast quadrant of the Town of Prosper since the
alternative alignments are inconsistent with the Town’s Thoroughfare Plan and current alignment of
said highway.
Description of Agenda Item:
As Council is aware, TxDOT conducted a feasibility study regarding the identification for an alignment
for the future Controlled Access Highway of U.S. Highway 380 that began in 2017 and culminated in
a formal report in March 2020. The Town of Prosper was heavily involved throughout the 3-year
process by clearly identifying and supporting an alignment within the limits of the Town. As part of
the Town’s participation and in an effort to show support and cooperation, the Town passed four (4)
Resolutions between April 2017 and May 2019 clearly identifying the preferred alignment within the
Town’s jurisdictional limits. At the completion of the U.S. 380 Collin County Feasibility Study Final
Report and Implementation Plan referenced above and completed in March 2020, the Town was
both pleased and satisfied with the recommended alignment represented within the report.
The Town recently participated in two meetings with TxDOT. The initial meeting on October 12,
2020, was an update and initiation meeting for the next phase in the process with TxDOT – US 380
Environmental Impact Statement from Coit Road to FM 1827 (EIS). The subsequent meeting was a
formal Agency Scoping meeting held on October 29, 2020. In both meetings, the Town was
introduced to the inclusion of a new corridor being studied by TxDOT within the boundaries of the
Prosper limits – shown on the attached Exhibits (Entitled Gold Alternative and Brown Alternative
Segment B Alignments). During the meeting, the Town representatives clearly expressed non-
support for consideration of the new alignment(s), and reaffirmed the Town’s position supporting the
existing alignment of U.S. Highway 380 as shown on the Town’s Thoroughfare Plan.
In addition to the Town’s reaffirmation of the preferred and recommended alignment, the Town also
shared information related to existing and future developments located within and along the new
Segment B corridor. As a direct result of this information, the TxDOT representatives appeared
surprised and requested that the Town provide them with any information regarding existing and
future developments within the corridor. On October 23, 2020, the Town provided the attached
Prosper Development Map (Map) to TxDOT for their information and use. The Map identifies
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 175
Item 17.
Page 2 of 3
numerous developments under construction, designed or moving through the development/zoning
process within or within the vicinity of the Segment B corridor.
In response to TxDOT’s consideration of the Gold or Brown Alternative Segment B alignments,
alignments that do not comply with the Town’s prior resolutions, the adopted Thoroughfare Plan and
TxDOT’s Feasibility Study for this corridor dated March 2020, the Town Council stands by the
following:
The Town Council supports the current alignment of U.S. Highway 380 expanding to a
Limited Access Roadway (LAR).
The Town Council expresses its strong opposition to any alignment that is not consistent with
the current alignment of U.S. Highway 380 in the Town.
The Town Council expresses strong opposition to the consideration of the corridor entitled
the Gold Alternative Segment B and the Brown Alternative Segment B that is not in alignment
with the Town’s Thoroughfare Plan, and the Town Council expresses no support for any
amendment to its Thoroughfare Plan relative to the Gold or Brown Alternative Segment B
Alignments.
In response to the commencement of the two (2) year process of the US 380 Coit Road to FM 1827
Environment Impact Study/Statement and Design Schematic process being conducted by TxDOT,
Town staff recommends the Town Council approve a new resolution strongly opposing any alignment
options for U.S. Highway 380 within the corporate limits of the Town of Prosper other than that which
exists along the current alignment. The attached resolution states the following:
The Town Council supports the current alignment of U.S. Highway 380 expanding to a
Limited Access Roadway (LAR).
The Town Council continues to support TxDOT’s Recommended Alignment as presented in
both the May 6, 2019 Public Meeting and included within the U.S. 380 Collin County
Feasibility Study Final Report completed in March 2020.
The Town Council expresses its strong opposition to any alignment that is not consistent with
the current alignment of U.S. Highway 380 in the Town.
The Town Council expresses its strong opposition to any proposed alignment consideration
of the Gold or Brown Alternative Segment B alignment options for U.S. Highway 380 within
the corporate limits of the Town of Prosper that is not consistent with the Town’s
Thoroughfare Plan and as presented during the Agency Scoping Meeting for the U.S. 380
EIS Coit Road to FM 1827 within the limits of the Town on October 12 and 29, 2020.
The Town Council directs Town staff not to coordinate with TxDOT or any other entity related
to the preservation of right-of-way for the expansion of U.S. Highway 380 as a Limited Access
Roadway while there exists alternative options for U.S. Highway 380 within the corporate
limits of the Town of Prosper.
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. Gold Alternative Segment B Alignment – US 380 EIS – Coit Road to FM 1827
3. Brown Alternative Segment B Alignment– US 380 EIS – Coit Road to FM 1827
4. Town of Prosper Thoroughfare Plan
Page 176
Item 17.
Page 3 of 3
Town Staff Recommendation:
Town staff recommends that the Town Council approve a resolution supporting U.S. Highway 380
as a Controlled Access Highway and strongly opposing the consideration of the Gold or Brown
Alternative Segment B alignments as presented by TxDOT on October 12 and 29, 2020, due to the
negative impacts on existing and future development within the southeast quadrant of the Town of
Prosper since the alternative alignments are inconsistent with the Town’s Thoroughfare Plan and
current alignment of said highway.
Proposed Motion:
I move to approve a resolution supporting U.S. Highway 380 as a Controlled Access Roadway and
strongly oppose the consideration of the Gold or Brown Alternative Segment B alignments for U.S.
Highway 380 within the corporate limits of the Town of Prosper that are inconsistent with the Town’s
Thoroughfare Plan and current alignment of said highway.
Page 177
Item 17.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUPPORTING U.S. HIGHWAY 380 AS A CONTROLLED ACCESS
HIGHWAY; CONTINUE SUPPORTING THE TXDOT RECOMMENDED
ALIGNMENT AS PRESENTED ON MAY 6, 2019, FOR U.S. HIGHWAY 380
WITHIN THE CORPORATE LIMITS OF THE TOWN; STRONGLY OPPOSING
ANY PROPOSED ALIGNMENT CHANGE, ENTITLED GOLD OR BROWN
ALTERNATIVE SEGMENT B ALIGNMENTS WITHIN THE CORPORATE LIMITS
OF THE TOWN OF PROSPER AND THAT IS IN CONFLICT WITH EXISTING
AND FUTURE DEVELOPMENT ALONG SAID ALTERNATIVES, THAT IS NOT
CONSISTENT WITH THE TOWN’S THOROUGHFARE PLAN AND CURRENT
ALIGNMENT OF SAID ROADWAY; MAKING FINDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) held three public meetings
in October 2018 relative to a feasibility study of expanding U.S. Highway 380 in Collin County
to a Limited Access Roadway, or more commonly referred to by TxDOT as a Controlled Access
Highway; and
WHEREAS, previous public meetings earlier in 2018 did not include a bypass option for
U.S. Highway 380 within the Town’s corporate limits; and
WHEREAS, the Town of Prosper has adopted four prior resolutions in support of the
current alignment of U.S. Highway 380 expanding to a Limited Access Roadway (LAR) within
the corporate limits of the Town; and
WHEREAS, the Town’s Thoroughfare Plan, adopted after multiple public hearings and
intensive citizen input, depicts U.S. Highway 380 along its current route; and
WHEREAS, TxDOT presented the TxDOT Recommended Alignment for U.S. Highway
380 in Collin County at a public meeting on May 6, 2019; and
WHEREAS, the TxDOT Recommended Alignment for U.S. Highway 380 in the Town is
consistent with the current alignment of U.S. Highway 380 and the Town of Prosper’s
Thoroughfare Plan.
WHEREAS, TxDOT finalized the US 380 Collin County Feasibility Study Final Report and
Implementation Plan in March 2020, including the Recommended Alignment for U.S. Highway
380 along the current alignment within the Town; and
WHEREAS, TxDOT held an Overall Project Update Meeting on October 12, 2020 and
then a more detailed Agency Scoping Meeting on October 29, 2020, for the U.S. Highway 380
Environmental Impact Study (EIS) from Coit Road to FM 1827 and introduced a new Gold and
Brown Alternative Segment B Alignments within the Town limits; and
WHEREAS, the alternative Segment B alignments are incongruent with Resolution No.
19-24 and the Town’s Thoroughfare Plan both approved by Council; and
Page 178
Item 17.
Resolution No. 2020-__, Page 2
WHEREAS, the alternative Segment B alignments negatively impact existing and planned
future developments within the Town to include a Charter School under construction, and
Residential & Commercial/Retail development in various stages of the development process
and within close proximity to a future Prosper ISD High School, as shown in the Prosper
Development Map, attached hereto as Exhibit “A”; and
WHEREAS, the Town Council further declares its opposition to any alignment of the U.S.
Highway 380 in the Town that is not consistent with the current alignment of U.S. Highway 380.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper, Texas, supports U.S. Highway 380 being a
Controlled Access Highway.
SECTION 3
The Town Council hereby continues to express its strong support for the TxDOT
Recommended Alignment presented by TxDOT at the May 6, 2019, Public Meeting and as
included within the U.S. 380 Collin County Feasibility Study Final Report completed in March 2020
for the section within the corporate limits of the Town of Prosper, thereby acknowledging that the
future expansion of U.S. Highway 380 will remain in its current alignment within the corporate
limits of the Town, consistent with the Town’s Thoroughfare Plan.
SECTION 4
The Town Council expresses its strong opposition to any alignment that is not consistent
with the current alignment of U.S. Highway 380 in the Town.
SECTION 5
The Town Council hereby expresses its strong opposition to any proposed alignment
consideration of the Gold or Brown Alternative Segment B alignment options for U.S. Highway
380 within the corporate limits of the Town of Prosper that is not consistent with the Town’s
Thoroughfare Plan and as presented during the Agency Scoping Meeting for the U.S. 380 EIS
Coit Road to FM 1827 within the limits of the Town on October 12 and 29, 2020.
SECTION 6
The Town Council hereby directs Town staff not to coordinate with TxDOT or any other
entity related to the preservation of right-of-way for the expansion of U.S. Highway 380 as a
Controlled Access Roadway while there exists alternative options for U.S. Highway 380 within the
corporate limits of the Town of Prosper.
Page 179
Item 17.
Resolution No. 2020-__, Page 3
SECTION 7
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
SECTION 8
This Resolution shall be effective from and after its passag e by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 24TH DAY OF NOVEMBER, 2020.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 180
Item 17.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSIT Y DR N CUSTER RDE PROSPER TRL
W FIRST ST
W F RONT IER PKW Y E FRONTIER PKWY
PR OSPER RD
N PRESTON RDGEE RDE FIRST ST
N CUSTER RDE UNIVERSIT Y DR
0 1,500750Feet
¯
Prosper Development Map
This map is for illustration purposes only.
Ladera Prosper2nd Quarter of 2021
North Dallas Cemetery2nd Quarter of 2021
4th Quarter of 202 1
2nd Quarter of 2021
Founders AcademyUnder Construction
Malabar Hills4th Q uarter of 202 0
Prosper ISD High School #32nd Quar ter of 2023
Page 181
Item 17.
US 380 EIS - Coit Road to FM 1827 CSJs: 0135-02-065 and 0135-03-053October 29, 2020Gold AlternativeModifications may continue to be made to the alignments as the study progresses. Segment E common to all new location alternativesSegment B is the same as the Brown AlternativeSegment D west of the East Fork of the Trinity River is the same as the Purple Alternative28Page 182Item 17.
US 380 EIS - Coit Road to FM 1827 CSJs: 0135-02-065 and 0135-03-053October 29, 2020Brown AlternativeModifications may continue to be made to the alignments as the study progresses. Segment E common to all new location alternativesSegment A is the same as the Gold AlternativeSegment C east of the East Fork of the Trinity River is the same as the Blue Alternative27Page 183Item 17.
kjkjkjkjkjkjkjkjkjkjkjkjkjkjkjParvin Rd.F.M. 1385GeeFishtrap Rd.U.S. 380Dallas North TollwayProsper TrailFirst St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers LnHays RdPrairie Dr.Shawnee Trl.Richland Blvd.Cook LnSafety WayThoroughfare PlanPlate 3May 202000.510.25MilesZTown of ProsperETJ100 Year FloodplainkjMinor GatewayGrade SeparationRR Grade SeparationMajor GatewaykjThoroughfare DescriptionLimited Access Roadway/Freeway (330' ROW)Dallas North TollwayMajor Thoroughfare (6 lane; 120' ROW)Minor Thoroughfare (4 lane; 90' ROW)Commercial Couplet (3 lane; 65' ROW)Commercial Collector (2 lane; 60' ROW)Old Town District (Section Varies)Access Roads* Refer to Comprehensive Plan forInterim Development of Coit Road between Frontier Parkway and Prosper Trail. The Thoroughfare Plan is for informational purposes and has not been prepared for and is not intended for legal, realestate, engineering, or surveying purposes. It is provided asa conceptual guide for transportation decisions within the Townrelated to general roadway alignments and classifications. The Town of Prosper does not assume any responsibility or liability for omissions, inaccuracies, or misinterpretations of the Thoroughfare Plan.Ordinance No. 2020-47, Page 3Page 184Item 17.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for an auto parts retail store
(AutoZone), on 1.0± acre, located on the east side of Preston Road, north of Prosper Trail. The
property is zoned Planned Development-68 (PD-68). (D20-0028).
History:
At the October 13, 2020, meeting this item was tabled in order to allow additional time to evaluate
the rear view and reorientation of the AutoZone building. At the November 10, 2020, meeting this
item was tabled to the November 24, 2020, in order to consider additional architectural elements
of the rear building elevation. Since the meeting, staff has provided the proposed elevations to
the Town Architect in order to identify any potential additional architectural improvements. The
Architect offered the following suggestions, 1) incorporation of an awning over the rear center
widows, and 2) raising the parapet feature over the rear center windows, as shown below.
The applicant has revised the elevations to reflect the Town Architect’s recommendations. In
addition, the applicant has provided photos and a new line of sight exhibit for review.
Description of Agenda Item:
In December 2019, Planned Development-68 (PD-68) for the Shops at Prosper Trail was
amended to modify the layout of Lots 6-8 and to allow for flat roof architecture for AutoZone on
Lot 7. In conjunction with the rezoning request, building elevations for AutoZone were included
with PD-68, and a Development Agreement related to building materials and design. The building
Prosper is a place where everyone matters.
PLANNING
Page 185
Item 18.
Page 2 of 2
elevations in PD-68 and the Development Agreement depict the front of the proposed AutoZone
building facing westward, toward Preston Road. With this request the applicant is proposing to
reorient the building such that the rear of the building faces Preston Road. The applicant has
indicated the developer has requested to orient the AutoZone building eastward toward the interior
of the development in order to be consistent with the proposed orientation of the adjacent Ebby
Halliday building to the north. They have also included a line-of-sight exhibit depicting the look of
the rear of the building from Preston Road. Staff believes the landscaping and berms along
Preston Road provide adequate screening of the rear elevation of the building.
PD-68 requires Planning & Zoning Commission and Town Council approval of the Site Plan,
Landscape Plan, and Façade Plan for this property. The Zoning Ordinance allows for the
proposed modification to the building orientation in conjunction with Site Plan and Façade Plan
approval. However, the Development Agreement with MQ Prosper Retail is required to be
amended to allow for the modification of the building orientation. An amendment to the
Development Agreement is also on the November 10, 2020, agenda for Town Council
consideration.
The Site Plan shows the proposed 6,925 square-foot AutoZone building, the Landscape Plan
show the proposed landscaping, and the Façade Plan shows the flat roof architecture. Access is
provided from Preston Road through the development. The depicted number of off-street parking
spaces meets the minimum standards of the Zoning Ordinance. The Site Plan, Landscape Plan,
and Façade Plan conform to the PD-68 development standards.
Attached Documents:
1. Aerial Location Map
2. Site Plan
3. Landscape Plan
4. Revised Façade Plan
5. Originally Proposed Façade Plan
6. Applicant Provided Site Photos
7. New Line of Sight Exhibit
Planning & Zoning Commission Recommendation:
At their September 15, 2020 meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 7-0, subject to the following:
1. Town Council approval of the Site Plan, Landscape Plan, and Façade Plan.
2. Town Council approval of an amendment to the Development Agreement with MQ Prosper
Retail regarding building reorientation.
Staff Recommendation:
Staff recommends approval of the request subject to:
1. Town Council approval of an amendment to the Development Agreement with MQ Prosper
Retail regarding building reorientation.
Proposed Motion:
I move to approve the Site Plan, Landscape Plan, and Façade Elevations for an auto parts retailer
(AutoZone), on 1.0± acre, located on the east side of Preston Road, north of Prosper Trail, subject
to:
1. Approval of an amendment to the Development Agreement with MQ Prosper Retail regarding
building reorientation.
Page 186
Item 18.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDPROSPER TRL PRESTON RDCIRCLE J TRL
CLIPSTON DRWATERTON DR
PACKSADDLE TRL
VISTA RUN DRDOUBLE B TRL
ST PETER LN
OLYMPIA LNLAKEFRONT DRCOPPER PTSADDLE CREEK DRCONCHO TRLSHASTA LNSHADYBANK CT
LAUREL VISTA CT
SHAVANO WAY
NEWPARK WAYBLACKPOOL LNPARADA PLST CLAIRE CT
ST PETER LN
PRESTON RD0 500250Feet
µ
D20-0028 - AutoZone in Shops at Prosper Trail
This map is for illustration purposes only.
Page 187
Item 18.
47962ARCHITECT:DRAFTSMAN:CHECKED BY:7.6.5.4.3.2.1.SCALE:REVISIONSPROTOTYPE SIZEDATE123 S. FRONT STREET, 3rd FLOOR
MEMPHIS, TENNESSEE 38103
CONTACT:
PHONE: 901-495-8994
PREPARED FOR:AutoZoneSTORE DEVELOPMENT
Store No.:
OWNER:
AutoZone, Inc.1718 Dry Creek Way, Suite 110 San Antonio, Texas 78259Tel: 210.265.8300 Fax: 210.855.5530www.westwoodps.comTBPE Firm No. F-11756 TBPLS Firm No. F-10194064a division ofWestwood08-10-2020OVERALL SITE PLAN1.02(NOT TO SCALE)VICINITY MAPPROSPER TRAILSITEHWY 289 (PRESTON ROAD)1Page 188Item 18.
Page 189Item 18.
LEFT SIDE WALL
RIGHT SIDE WALL
(LOW SIDE)
REAR WALL
21'-0"21'- 0"21'- 0"+15'-10"
ROOF LINE
+17'-10"
ROOF LINE
+15'-10"
ROOF LINE
+15'-10"
ROOF LINE
+17'-10"
ROOF LINE +15'-10"
ROOF LINE
AUTOZONE STORE NO. 6029
NORTH PRESTON RD.
PROSPER TX 75078
FACADE PLAN PREPARATION DATE: 7-7-20 REV 11-19-20
THE SHOPS AT PROSPER TRAIL, COLLIN COUNTY, TX
LOT 7, BLOCK A
TOWN PROJECT NUMBER:
1/8"=1'-0"
SCALE:
NORTH
WEST
SOUTH
ARCHITECT:APPLICANT:
GEORGE CALLOW
123 SOUTH FRONT STREET
MEMPHIS, TN 38103
901-495-8705
CAROLYN THAEMERT
123 SOUTH FRONT STREET
MEMPHIS, TN 38103
901-495-8994
LANDLORD:
MQ PROSPER RETAIL, LLC C/O DON
SILVERMAN, MANAGER
4622 MAPLE AVENUE, SUITE 200
DALLAS, TX 75219
214-393-3983
AUTOZONE, INC.
·THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS
REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.
·ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP
MOUNTED EQUIPMENT SHALL BE SCREENED BY PARAPET WALL OR SCREENING WALL.
SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE.
·WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO
MATCH THE BUILDING.
·ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING
INSPECTIONS DIVISION.
·WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN 10 PERCENT.
·ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY
THE TOWN OF PROSPER.
DUMPSTER ENCLOSURE 6'-0"2'-6"11'-0"
+17'-10"
(HIGH SIDE)
FRONT WALL
ROOF LINE
LINE OF FINISHED
FLOOR21'-0"+17'-10"
ROOF LINE 34'-9"21'-0"EAST
6
FOAM CORNICE PAINT: RELIABLE WHITE
GLASS AND ALUMINUM DOORS - CLEAR BRONZE FINISH
PIPE GUARD WITH BEIGE SLEEVE
WALL MOUNTED LIGHT FIXTURE BRONZE
TOILET WALL VENTS PAINT TO MATCH WALL BEHIND
19
ALUMINUM STOREFRONT - BRONZE FINISH
DO NOT PAINT OVERHEAD DOOR PAINT ANGLES BRONZE
PAINT MAN DOOR TO MATCH WALL & METAL FRAMES BRONZE
THIN BRICK COLOR: OLDCASTLE TIMBERLAND WITH RED FLASH
TWO PIECE COMPRESSION TRIM COLOR: BLACK
17
16
11
12
8
15
14
4
13
3
2
1
SCUPPERS AND DOWNSPOUTS. BRONZE
7
10
18
5
9
STORE ADDRESS - 6" WHITE REFLECTIVE NUMBERS
8" SPLIT FACE CMU BLOCK INTEGRAL COLOR:
THOMAS TAN NO. 1103
1
1
1
5
5
5
2
2
2
3
3
7
8
8
8
12
1315
17
16
18
18
18
19
19
19
20 CLEARESTORY WINDOW - EVERGREEN GLASS
21 FAUX WINDOW - OPAQUE BLACK GLASS
21
21
21
22 STANDING SEAM METAL ROOF - BLACK
23 CANOPY - BLACK
22
22
22
23
METALGATE
THIN BRICK AND SPLIT FACE
CMU BASE TO MATCH BUILDING
6
NOT USED
NOT USED
NOT USED
NOT USED
3'-4" PILASTER WITH ENVIORNMENTAL STONEWORKS
AUTUMN/BUCKEYE
ENVIORNMENTAL STONEWORKS AUTUMN/BUCKEYE
21 21
5
12
3
4
8
9 10 14 182
20
21 21
20
22 23
19
24
24
24
24 LIGHT GA METAL FRAMING AWNING WITH STANDING SEAM METAL
ROOF - BLACK
Page 190
Item 18.
LEFT SIDE WALL
RIGHT SIDE WALL
(LOW SIDE)
REAR WALL
21'-0"21'- 0"21'- 0"+15'-10"
ROOF LINE
+17'-10"
ROOF LINE
+15'-10"
ROOF LINE
+15'-10"
ROOF LINE
+17'-10"
ROOF LINE +15'-10"
ROOF LINE
AUTOZONE STORE NO. 6029
NORTH PRESTON RD.
PROSPER TX 75078
FACADE PLAN PREPARATION DATE: 7-7-20 REV 9-2-20
THE SHOPS AT PROSPER TRAIL, COLLIN COUNTY, TX
LOT 7, BLOCK A
TOWN PROJECT NUMBER:
1/8"=1'-0"
SCALE:
NORTH
WEST
SOUTH
ARCHITECT:APPLICANT:
GEORGE CALLOW
123 SOUTH FRONT STREET
MEMPHIS, TN 38103
901-495-8705
CAROLYN THAEMERT
123 SOUTH FRONT STREET
MEMPHIS, TN 38103
901-495-8994
LANDLORD:
MQ PROSPER RETAIL, LLC C/O DON
SILVERMAN, MANAGER
4622 MAPLE AVENUE, SUITE 200
DALLAS, TX 75219
214-393-3983
AUTOZONE, INC.
72'-0"
·THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS
REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.
·ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP
MOUNTED EQUIPMENT SHALL BE SCREENED BY PARAPET WALL OR SCREENING WALL.
SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE.
·WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO
MATCH THE BUILDING.
·ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING
INSPECTIONS DIVISION.
·WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN 10 PERCENT.
·ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY
THE TOWN OF PROSPER.
DUMPSTER ENCLOSURE 6'-0"2112 GROSS SQ.FT.
120 WINDOWS/DOOR SQ.FT.
127 TRIM
161 WINDOWS/DOORS SQ.FT.
1610 GROSS SQ.FT.
97 TRIM
1992 NET SQ.FT.
6%
1449 NET SQ.FT.
6%2'-6"11'-0"
126 WINDOWS SQ.FT.
1610 GROSS SQ.FT.
48 TRIM
1484 NET SQ.FT.
3%
177 Split Face CMU
327 STONE
12%
22%
932 Thin Brick 63%
234 Split Face CMU
451 STONE
12%
22%
1180 Thin Brick 60%
151 Split Face CMU
323 STONE
11%
23%
850 Thin Brick 60%
+17'-10"
(HIGH SIDE)
FRONT WALL
ROOF LINE
LINE OF FINISHED
FLOOR21'-0"+17'-10"
ROOF LINE 34'-9"21'-0"EAST
2112 GROSS SQ.FT.
518 WINDOWS/DOORS SQ.FT.
219 Split Face CMU
715 STONE
65 TRIM
1594 NET SQ.FT.
14%
44%
5%
595 Thin Brick 37%
6
FOAM CORNICE PAINT: RELIABLE WHITE
GLASS AND ALUMINUM DOORS - CLEAR BRONZE FINISH
PIPE GUARD WITH BEIGE SLEEVE
WALL MOUNTED LIGHT FIXTURE BRONZE
TOILET WALL VENTS PAINT TO MATCH WALL BEHIND
19
ALUMINUM STOREFRONT - BRONZE FINISH
DO NOT PAINT OVERHEAD DOOR PAINT ANGLES BRONZE
PAINT MAN DOOR TO MATCH WALL & METAL FRAMES BRONZE
THIN BRICK COLOR: OLDCASTLE TIMBERLAND WITH RED FLASH
TWO PIECE COMPRESSION TRIM COLOR: BLACK
17
16
11
12
8
15
14
4
13
3
2
1
SCUPPERS AND DOWNSPOUTS. BRONZE
7
10
18
5
9
STORE ADDRESS - 6" WHITE REFLECTIVE NUMBERS
8" SPLIT FACE CMU BLOCK INTEGRAL COLOR:
THOMAS TAN NO. 1103
1
1
1
5
5
5
2
2
2
3
3
7
8
8
8
12
1315
17
16
18
18
18
19
19
19
20 CLEARESTORY WINDOW - EVERGREEN GLASS
21 FAUX WINDOW - OPAQUE BLACK GLASS
21
21
21
22 STANDING SEAM METAL ROOF - BLACK
23 CANOPY - BLACK
22
22
22
23
METALGATE
THIN BRICK AND SPLIT FACE
CMU BASE TO MATCH BUILDING
6
NOT USED
NOT USED
NOT USED
NOT USED
3'-4" PILASTER WITH ENVIORNMENTAL STONEWORKS
AUTUMN/BUCKEYE
ENVIORNMENTAL STONEWORKS AUTUMN/BUCKEYE
21 21
5
12
3
4
8
9 10 14 182
20
21 21
20
22 23
19
Page 191
Item 18.
Page 192Item 18.
Page 193Item 18.
Page 194Item 18.
Page 195Item 18.
Page 196Item 18.
Page 197Item 18.
Page 198Item 18.
Page 199Item 18.
Page 200
Item 18.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a First Amended Development
Agreement between MQ Prosper Retail LLC and the Town of Prosper, Texas, related to the Shops
at Prosper Trail retail development.
History:
At the October 13, 2020, meeting this item was tabled in order to allow additional time to evaluate
the rear view and reorientation of the AutoZone building. At the November 10, 2020, meeting this
item was tabled to the November 24, 2020, in order to consider additional architectural elements
of the rear building elevation. Since the meeting, staff has provided the proposed elevations to
the Town Architect in order to identify any potential additional architectural improvements. The
Architect offered the following suggestions, 1) incorporation of an awning over the rear center
widows, and 2) raising the parapet feature over the rear center windows, as shown below.
The applicant has revised the elevations to reflect the Town Architect’s recommendations. In
addition, the applicant has provided photos and a new line of sight exhibit for review.
Description of Agenda Item:
In December 2019, Planned Development-68 (PD-68) for the Shops at Prosper Trail was
amended to modify the layout of Lots 6-8 and to allow for flat roof architecture for AutoZone on
Lot 7. Approval of the rezoning request was subject to approval of a Development Agreement
Prosper is a place where everyone matters.
PLANNING
Page 201
Item 19.
Page 2 of 2
related to exterior building materials and architectural design. A Development Agreement was
prepared accordingly and approved by the Town Council.
The approved Development Agreement depicted the front of the proposed AutoZone building
facing westward, toward Preston Road. However, when the Site Plan application was received
by the Town, it depicted the building facing eastward, toward the interior of the development rather
than Preston Road. While the Zoning Ordinance allows the Site Plan to be approved with a
reorientation of the building, the Development Agreement is required to be amended. With this
request the applicant is proposing to amend the Development Agreement to allow for the
reorientation of the AutoZone to face eastward. The applicant has included a line-of-sight exhibit
depicting the look of the rear of the building from Preston Road.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Development Agreement First Amendment
2. Exhibits A and B
3. Applicant Provided Site Photos
4. New Line of Sight Exhibit
Town Staff Recommendation:
Staff recommends the Town Council authorize the Town Manager to execute an amendment to
the Development Agreement between MQ Prosper Retail LLC and the Town of Prosper, Texas,
related to the Shops at Prosper Trail retail development.
Proposed Motion:
I move to authorize the Town Manager to execute an amendment to the Development Agreement
between MQ Prosper Retail LLC and the Town of Prosper, Texas, related to the Shops at Prosper
Trail retail development.
Page 202
Item 19.
1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First Amendment to
Development Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”),
and MQ Prosper Retail LLC (“Owner”) (individually, a “Party” and collectively, the “Parties”) to be
effective (the “Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and
Denton County, Texas, organized and existing under the laws of the State of Texas; and
WHEREAS, Owner is a Texas limited liability company qualified to do business in the State
of Texas; and
WHEREAS, Owner has developed the Shops at Prosper Trail located in Collin County in
the Town, and more particularly described in Exhibit A, attached hereto and incorporated by
reference (the “Property”); and
WHEREAS, in 2014 the Town approved Planned Development 68 (“PD-68”) relative to the
development of the Property as a retail shopping center and has approved certain amendments
to PD-40 subsequent thereto; and
WHEREAS, on or about December 10, 2019, the Town approved certain amendments to
PD-68, as more fully described in the applicable zoning ordinance, and further, the Parties agreed
to certain other matters, including architectural features and building materials to be utilized for
structures on the Property; and
WHEREAS, the foregoing was memorialized in a Development Agreement (“Development
Agreement”) approved by the Town Council on or about December 10, 2019, and subsequently
filed in the Collin County Real Property records on or about December 16, 2019, as Document #
20191216001599640; and
WHEREAS, on or about November 24, 2020, the Town Council considered and approved
a Site Plan and Façade Elevations, and authorized the execution of this First Amendment to
Development Agreement on or about November 24, 2020; and
WHEREAS, this First Amendment to Development Agreement seeks to incorporate, in
part, the negotiated and agreed upon development standards contained in PD-68, as amended,
and to recognize Owner’s reasonable investment-backed expectations in PD-68, as amended;
and
WHEREAS, subject to the terms of this First Amendment to Development Agreement,
Owner agrees and acknowledges that it will construct on the Property structures in accordance
with the provisions, standards and notes reflected in the Development Agreement executed on or
about December 10, 2019, as amended by this First Amendment to Development Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, and for other good and
valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties
to this Agreement agree as follows:
1. Architectural Standards and Building Materials. For any structure built on the
Property following the Effective Date, it shall comply with the applicable requirements contained
Page 203
Item 19.
2
in Exhibit B, “Architectural Standards and Building Materials,” attached hereto and incorporated
by reference, and Owner agrees to construct those structures in compliance therewith. The
Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure
constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be
deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously
or in the future.
2. Effect of Development Agreement. Except to the extent referenced in Exhibit B,
attached hereto and incorporated by reference, all other terms and conditions contained in the
Development Agreement executed on or about December 10, 2019, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of _______________, 2020,
by Harlan Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of the Town of
Prosper, Texas.
______________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 204
Item 19.
3
OWNER:
MQ Prosper Retail LLC,
a Texas limited liability company
By: ________________________________
Name: Donald L. Silverman
Title: Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of _______________, 2020,
by Donald L. Silverman, in his capacity as Manager of MQ Prosper Retail LLC, a Texas limited
liability company, known to be the person whose name is subscribed to the foregoing instrument,
and that he executed the same on behalf of and as the act of Owner.
______________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 205
Item 19.
4
EXHIBIT A
(Property Description)
Page 206
Item 19.
5
EXHIBIT B
ARCHITECTURAL STANDARDS AND BUILDING MATERIALS
Page 207
Item 19.
Page 208Item 19.
LEFT SIDE WALL
RIGHT SIDE WALL
(LOW SIDE)
REAR WALL
21'-0"21'- 0"21'- 0"+15'-10"
ROOF LINE
+17'-10"
ROOF LINE
+15'-10"
ROOF LINE
+15'-10"
ROOF LINE
+17'-10"
ROOF LINE +15'-10"
ROOF LINE
AUTOZONE STORE NO. 6029
NORTH PRESTON RD.
PROSPER TX 75078
FACADE PLAN PREPARATION DATE: 7-7-20 REV 11-19-20
THE SHOPS AT PROSPER TRAIL, COLLIN COUNTY, TX
LOT 7, BLOCK A
TOWN PROJECT NUMBER:
1/8"=1'-0"
SCALE:
NORTH
WEST
SOUTH
ARCHITECT:APPLICANT:
GEORGE CALLOW
123 SOUTH FRONT STREET
MEMPHIS, TN 38103
901-495-8705
CAROLYN THAEMERT
123 SOUTH FRONT STREET
MEMPHIS, TN 38103
901-495-8994
LANDLORD:
MQ PROSPER RETAIL, LLC C/O DON
SILVERMAN, MANAGER
4622 MAPLE AVENUE, SUITE 200
DALLAS, TX 75219
214-393-3983
AUTOZONE, INC.
·THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS
REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.
·ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP
MOUNTED EQUIPMENT SHALL BE SCREENED BY PARAPET WALL OR SCREENING WALL.
SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE.
·WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO
MATCH THE BUILDING.
·ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING
INSPECTIONS DIVISION.
·WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN 10 PERCENT.
·ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY
THE TOWN OF PROSPER.
DUMPSTER ENCLOSURE 6'-0"2'-6"11'-0"
+17'-10"
(HIGH SIDE)
FRONT WALL
ROOF LINE
LINE OF FINISHED
FLOOR21'-0"+17'-10"
ROOF LINE 34'-9"21'-0"EAST
6
FOAM CORNICE PAINT: RELIABLE WHITE
GLASS AND ALUMINUM DOORS - CLEAR BRONZE FINISH
PIPE GUARD WITH BEIGE SLEEVE
WALL MOUNTED LIGHT FIXTURE BRONZE
TOILET WALL VENTS PAINT TO MATCH WALL BEHIND
19
ALUMINUM STOREFRONT - BRONZE FINISH
DO NOT PAINT OVERHEAD DOOR PAINT ANGLES BRONZE
PAINT MAN DOOR TO MATCH WALL & METAL FRAMES BRONZE
THIN BRICK COLOR: OLDCASTLE TIMBERLAND WITH RED FLASH
TWO PIECE COMPRESSION TRIM COLOR: BLACK
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SCUPPERS AND DOWNSPOUTS. BRONZE
7
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STORE ADDRESS - 6" WHITE REFLECTIVE NUMBERS
8" SPLIT FACE CMU BLOCK INTEGRAL COLOR:
THOMAS TAN NO. 1103
1
1
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2
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1315
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20 CLEARESTORY WINDOW - EVERGREEN GLASS
21 FAUX WINDOW - OPAQUE BLACK GLASS
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22 STANDING SEAM METAL ROOF - BLACK
23 CANOPY - BLACK
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METALGATE
THIN BRICK AND SPLIT FACE
CMU BASE TO MATCH BUILDING
6
NOT USED
NOT USED
NOT USED
NOT USED
3'-4" PILASTER WITH ENVIORNMENTAL STONEWORKS
AUTUMN/BUCKEYE
ENVIORNMENTAL STONEWORKS AUTUMN/BUCKEYE
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ROOF - BLACK
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Item 19.
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Item 19.
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Discussion on Outdoor Lighting Standards.
Background/Description of Agenda Item:
With the increase in the number of proposed playing and practice fields related to public and
private schools, staff received direction to evaluate the Town’s outdoor lighting standards related
to these uses. Outdoor lighting standards are incorporated within Section 6, Chapter 4 of the
Zoning Ordinance, and are attached as Exhibit A.
Within the Section 6.8, “Exemptions,” the following is provided:
“Because of their unique requirement for nighttime visibility and their limited hours of
operations, public and commercial ball diamonds, playing fields, and tennis courts are
exempted from the general standards of this section. Private ball diamonds, playing
fields, and tennis courts on a Single Family lot built as an accessory use to the home
on that lot are subject to the requirements of this Section. Lighting for these public and
commercial outdoor recreational uses shall be shielded to minimize light and glare from
spilling over onto protected residential properties. The maximum permitted illumination
at the property line shall not exceed two (2) foot-candles.”
Suggested amendments for sports field lighting:
1. Light poles for playing or performance area permitted at a maximum of 80 feet height;
2. Glare control package required (louvers, shields, or similar devices);
3. Shielded as to not cast direct light on adjacent properties
4. Light beams directed to playing or performance area;
5. Lighting for playing or performance area extinguished by 10:00 pm or upon conclusion of
final event. No new event shall start after 10:00 pm;
6. Stadium-lit facility minimum of 500 feet from residential use (PISD Children’s Health
Stadium is 1,100 feet from nearest residential neighborhood)
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
Page 219
Item 20.
Page 2 of 2
Due to unique circumstances, topography, lighting technology, etc., the Town Council should be
able to grant waivers to the above-noted criteria on a case-by-case basis.
General Comments Regarding Current Outdoor Lighting Standards
In comparing the current standards, not related to sports field lighting, the standards are consistent
with DFW area communities and provide protection for nearby residential properties. Standards
which could be improved is the slight reduction of the maximum height of parking lot lighting from
30 feet to 25 feet. Additionally, the maximum height of light poles within 100 feet of a residential
property is currently 20 feet. Staff recommends that any light poles within 50 feet of residential
property be further reduced to a maximum of 15 feet.
Attached Documents:
1. Exhibit A - Current Outdoor Lighting Standards
Town Staff Recommendation:
Staff recommends the Town Council provide feedback on these proposed standards.
Page 220
Item 20.
EXHIBIT A
SECTION 6
OUTDOOR LIGHTING
6.1 PURPOSE
The purpose of this Section is to:
• Reduce the problems created by improperly designed and installed outdoor lighting.
• Eliminate problems of glare on operators of motor vehicles, pedestrians and land uses.
• Minimize light trespass.
• Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area
that certain kinds of outdoor lighting fixtures can illuminate.
• Preserve the night sky as a natural resource and thus people’s enjoyment of looking at the sky and stars.
6.2 GENERAL REQUIREMENTS
A. The following standards shall apply to all exterior lighting except public street lighting and other lighting that
is specifically exempted by this Section.
1. Light sources or luminaries are prohibited in buffer areas and within required setback yard areas
except on pedestrian walkways and hike and bike trails.
2. Light for outdoor advertising shall be designed to function as Full Cutoff Type of Luminary(s). Lighting
intended for outdoor advertising shall be directed downward. The temporary use of lasers and
spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor
lighting in Section 6.3 below.
3. All luminaries located on non-residential use properties shall be designed so that the light source (bulb
or lamp) is completely shielded from direct view of at a point three (3) feet above grade on the lot line
abutting a protected residential property. In all other instances, the light source must be completely
shielded from direct view of at a point five (5) feet above grade on the lot line.
4. All luminaries located on private property shall be designed or positioned so that the maximum
illumination at the property line next to protected residential property shall not exceed one-quarter (1/4)
foot-candle and shall not exceed one-half (1/2) foot-candle adjacent to a street right-of-way.
5. All luminaries and light sources subject to this Section shall be maintained and kept in good working
order.
6. Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities
shall not illuminate abutting properties and the luminaries shall be designed so that the light source
(bulb or lamp) is completely shielded from direct view at a point five (5) feet above the grade on the lot
line.
7. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas, and yard
areas within thirty (30) feet of the building. No wall or roof lighting shall be used to illuminate areas for
motor vehicle parking or access unless the Building Official finds the following:
(i) that the proposed lighting is not in conflict with the stated purpose;
(ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare
or create a nuisance; and
(iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or
pedestrian traffic.
8. Any open area used for motor vehicle parking, storage or access shall be illuminated with freestanding
Page 221
Item 20.
luminaries. Freestanding luminaries are permitted to be a maximum of thirty (30) feet in height. When
a luminary is located within one hundred (100) feet of protected residential property, the maximum
permitted luminaries’ height shall be twenty (20) feet. All luminaries must have a total cutoff angle
equal to or less than ninety (90) degrees. The use of exterior lighting with a cutoff angle greater than
ninety (90) degrees shall be permitted only when the Building Official find the following:
(i) that the proposed lighting is not in conflict with the stated purpose;
(ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare
or create a nuisance; and
(iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or
pedestrian traffic.
9. Externally illuminated signs, advertising displays, billboards, building identification, and monument
signs shall use top mounted light fixtures which shine light downward and which are fully shielded
or upward with pin-pointed light which are fully shielded.
10. Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole,
pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the
object of interest and minimize spill-light and glare.
11. Building facades and architectural features of buildings may be floodlighted when the following
conditions are met:
(i) floodlight fixtures are equipped with shields and are located so as to limit the fixture’s direct light
distribution to the façade or feature being illuminated;
(ii) the configuration of the floodlight installation shall block all view to the floodlight fixture’s lamp from
adjacent properties; and
(iii) the maximum luminance of any floodlighted surface does not exceed the foot-candles specified in
the Illuminating Engineering Society of North America Lighting Handbook for floodlighting
surfaces.
6.3 TEMPORARY OUTDOOR LIGHTING
A. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed.
Nonconforming temporary outdoor lighting may be permitted by the Planning & Zoning Commission after
considering:
1. the nature of the exemption;
2. the public and/or private benefits that would result from the temporary lighting;
3. placement and height of outdoor light fixtures;
4. type of outdoor light fixture to be used, including total lumen output and character of shielding, if any;
5. any annoyance or safety problems that may result from the use of the temporary lighting;
6. the duration of the temporary nonconforming lighting and time that lights will be operating; and
7. such other data and information as may be required by the Building Official and/or Planning & Zoning
Commission to clarify the request.
B. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the
Building Inspections Department who shall prepare and forward a report to the Planning & Zoning
Commission for its consideration.
6.4 ILLUMINATION LEVELS
The illumination levels contained in the Illuminating Engineering Society of North America Lighting Handbook, as
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Item 20.
amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The
Planning & Zoning Commission may require conformance with the illumination levels contained in the Lighting
Handbook, Illuminating Engineering Society of North America as part of the review and approval of a private
and/or public development project.
6.5 METHOD OF MEASUREMENT
The light measuring meter shall have a color and cosine-corrected sensor with multiple scales and shall read
within an accuracy of plus or minus five (5) percent. It should have been tested, calibrated, and certified by an
independent commercial photometric laboratory or the manufacturer within one (1) year of its use.
Illumination levels shall be measured in foot-candles with a meter sensor in a horizontal position at an
approximate height of three (3) feet above grade. Maximum illumination readings are to be taken directly
beneath the luminaries. Readings should be taken after a cumulative initial lamp burn for a period of at least two
hundred (200) hours.
6.6 EXTERIOR LIGHTING PLAN
A. A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a
use of greater intensity than a single family detached or duplex dwelling. The lighting plan shall be
submitted to the Building Inspections Department. The submission shall contain, but not be limited to the
following:
1. plans indicating the location of the exterior lighting on the premises, and the type of illuminating
devices, fixtures, lamps, supports, reflectors, and other devices;
2. description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the
description may include, but is not limited to, catalog cuts by manufacturers and drawings (including
sections where required) and height of the luminaries; and
3. photometric plan and data sheets, such as that furnished by manufacturers, or similar to that furnished
by manufacturers, showing the angle of cut off or light emissions.
B. A certified engineer, architect, landscape architect, or lighting engineer or designer shall prepare the plan.
The plan shall also contain a certification by the property owner or agent and the preparer of the plan that
the exterior lighting depicted on the plan complies with the requirements of this Ordinance after installation.
Once the plan is approved by Building Inspections, the exterior lighting of the property shall conform to the
approved plan.
C. Additional Submission
The above required plans, descriptions and data shall be sufficiently complete to enable the reviewer to
readily determine whether compliance with the requirements of this Section will be secured. If such plans,
descriptions and data cannot enable this ready determination, by reason of the nature or configuration or
the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance
to enable such determination such certified reports of tests as will do so provided that these tests shall have
been performed and certified by a recognized testing laboratory.
Before issuance of a Certificate of Occupancy, the applicant or his/her designee shall submit to Building
Inspections a photometric plan, stamped by a certified testing laboratory or engineering firm that the
installed lighting is in compliance with this Section.
D. Lamp or Fixture Substitution
Should any outdoor light fixture or the type of light source therein be changed after the issuance of the
building permit and/or Certificate of Occupancy, a change request with adequate information, as required in
Section 6.6(A) above, to assure compliance with this Section must be submitted to the Building Official for
review and approval prior to the substitution.
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Item 20.
6.7 PROHIBITED
The following are prohibited by this Section:
A. “Cobra head” type lighting fixtures having dished or “drop” lenses or refractors which house other than
incandescent light sources.
B. Flickering or flashing lights.
C. Exposed neon lighting, except for open/closed signs hanging inside a buildings door or window.
6.8 EXEMPTIONS
The following are exempt from the standards contained in this Ordinance:
A. Decorative seasonal lighting. The decorative seasonal lights shall be removed within a reasonable time
after any given reason. The Building Official will determine what the “reasonable time” should be.
B. Lighting for single family detached or duplex dwellings, provided that:
1. the lamps have a power rating of less than or equal to seventy-five (75) watts;
2. a cutoff component is incorporated in the design of the luminaries;
3. the lighting level at the property line shall not exceed the maximum level specified within this Section;
and
4. the maximum lighting level at the property line may be exceeded in cases where the lamp is turned on
and off by a motion sensor and the lamp is not on for a continuous period exceeding ten (10) minutes.
C. Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from
the shielding requirement.
D. Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all
vehicular luminaries.
E. Hazard warning luminaries, which are required by federal and state regulatory agencies.
F. Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to,
strings of lights and lanterns. The party lights shall be removed within a reasonable time after any given
reason. The Building Official will determine what the “reasonable time” should be.
G. Because of their unique requirement for nighttime visibility and their limited hours of operations, public and
commercial ball diamonds, playing fields, and tennis courts are exempted from the general standards of this
section. Private ball diamonds, playing fields, and tennis courts on a Single Family lot built as an accessory
use to the home on that lot are subject to the requirements of this Section. Lighting for these public and
commercial outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto
protected residential properties. The maximum permitted illumination at the property line shall not exceed
two (2) foot-candles.
H. Town Council may vary from these requirements as part of the approval of public street or sidewalk
projects.
6.9 NONCONFORMING LUMINARIES
A. Exterior lighting luminaries in existence on the effective date of this Ordinance shall be considered
nonconforming. Such fixtures may be repaired, maintained and replaced. However, the nonconforming
lighting luminaries shall be replaced to comply with this Section when the property is redeveloped.
B. Exterior lighting luminaries existing on the effective date of this Ordinance which are located on private non-
residentially used property and are found to direct light or glare to protected residential properties may be
declared a public nuisance if the level of illumination on protected residential property, which is caused by
the luminaries, is greater than one-quarter (¼) foot-candle. Such fixtures shall be altered to reduce the
Page 224
Item 20.
level of illumination in the protected residential property to a one-quarter (¼) foot-candle within two (2)
months of receiving a written notice of the violation from the Town. Two (2) foot candles are allowed for
public and commercial ball diamonds, playing fields and tennis courts.
6.10 ENFORCEMENT
The Building Official, or his/her designee, is hereby empowered and directed to administer and enforce the
provisions of this Section relating to outdoor light control.
Page 225
Item 20.
Page 1 of 1
To: Mayor and Town Council
From: Daniel Heischman, Assistant Director of Engineering Services - Development
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Hulon T. Webb, Jr., Director of Engineering Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Discussion on the Town’s Stormwater Drainage Management Program.
Description of Agenda Item:
This presentation/discussion is a follow-up to a HOA Presidents Meeting that was held virtually on
May 14, 2020. The meeting was attended by Nineteen (19) HOA representatives, as well as a few
of the Council members. During the referenced meeting, staff discussed the Town’s Stormwater
Drainage Management Program as it relates to the Association’s responsibilities regarding
maintenance. Various attendees shared concerns and also asked specific questions regarding
drainage channels or detention ponds within their communities.
The presentation will provide a more overarching discussion of the Town’s Stormwater Drainage
Management Program. And although ongoing maintenance is a key component, it is only one
facet of an important Program. Staff will be discussing the program, various components, its
evolution since inception in 2014, and what future improvements are planned. Within the
discussion, we will also discuss the importance of compliance and how we are guided by certain
State regulations.
Town Staff Recommendation:
Town staff recommends that the Town Council provide any feedback on the Town’s Stormwater
Drainage Management Program.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 226
Item 21.
Page 1 of 2
To: Mayor and Town Council
From: Dudley Raymond, Parks and Recreation Director
Through: Harlan Jefferson, Town Manager
Robyn Battle, Executive Director of Community Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Update and give direction on the Downtown Monument located at Preston Road and Broadway
Street.
Description of Agenda Item:
Halff and Associates are progressing with the development of the construction drawings for the
downtown monument, to be located at the corner of Preston Road and Broadway Street. They
have submitted a 50% progress set to Texas Department of Transportation (TxDOT) for their
review and comments.
Town staff has learned that TxDOT is now reviewing plans such as these at the Dallas district
office as well as the Collin County regional office. Up to this point, this project as well as the
existing monument was reviewed and approved at the Collin County area office. This has required
Halff to bring additional people up to speed on the project, history of what has been discussed and
direction received in the past. The additional oversight is also resulting in additional comments
and time required by TxDOT to review plans.
Town staff has also been made aware that TxDOT will only allow two monuments per TxDOT on-
system road per municipality. Staff is asking Council for direction on the following, which will allow
the monument to meet TxDOT standards:
Original – leave the monument as previously approved by Council, and do not install a
monument at the northern end of Preston Road
Option A – rotate the monument so TxDOT considers it a monument for Broadway Street,
and preserve the ability to construct a second monument on Preston Road
With this direction from Council, the consultants will be able to complete the construction drawings
and seek TxDOT approval. If this approval from TxDOT can occur prior to Christmas, it will allow
the project to bid sooner than the original schedule. Halff and Staff continue to push this project
in an effort to have it constructed prior to the original schedule, which had a final completion of
Prosper is a place where everyone matters.
PARKS &
RECREATION
Page 227
Item 22.
Page 2 of 2
August 2021. Staff feels we will be able to beat the time line by 30 days and it may more if things
go well.
Staff will also present an update of the building materials selection for the monument and the
landscape plans including the plant types.
Attached Documents:
1. Exhibit A – Options
Town Staff Recommendation:
Town staff recommends rotating the monument in order to preserve the ability to install another
monument on Preston Road.
Page 228
Item 22.
Bollards Removed (TXDOT
not allowed)
Seating Wall (To Match Stone
at Windmill Hill Wall)
Private Landscaping to
remain
Page 229
Item 22.
Bollards Removed (TXDOT
not allowed)
Seating Wall (To Match Stone
at Windmill Hill Wall)
Private Landscaping to
remain
Sign rotated to be parallel to
Preston Rd
Page 230
Item 22.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon an ordinance rezoning 10.0± acres from Downtown Commercial (DTC) to
Planned Development-Multifamily (PD-MF), located on the northeast corner of Fifth Street and the
BNSF Railroad. (Z20-0005).
Description of Agenda Item:
On September 22, 2020, the Town Council approved the proposed rezoning request, by a vote of
7-0, subject to:
1. Approval of a Development Agreement, which will include right-of-way and easement
dedication and masonry and architectural standards consistent with Exhibit F; and
2. The standards in the development agreement should be in sync with the ordinance provisions,
providing for which controls in the event of a conflict.
An ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Proposed Exhibits A, B, C, D, E, F and G
Staff Recommendation:
Staff recommends the Town Council approve an ordinance rezoning 10.0± acres from Downtown
Commercial (DTC) to Planned Development-Multifamily (PD-MF), located on the northeast corner
of Fifth Street and the BNSF Railroad.
Prosper is a place where everyone matters.
PLANNING
Page 231
Item 23.
Page 2 of 2
Proposed Motion:
I move to adopt an ordinance rezoning 10.0± acres from Downtown Commercial (DTC) to Planned
Development-Multifamily (PD-MF), located on the northeast corner of Fifth Street and the BNSF
Railroad.
Page 232
Item 23.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 10.01 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS FROM DOWNTOWN COMMERCIAL
(DTC) TO PLANNED DEVELOPMENT-MULTIFAMILY (PD-MF); DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z20-
0005) from BBG Investments, Inc. (“Applicant”), to rezone 10.01 acres of land, more or less, in
the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, from Downtown Commercial (DTC) to Planned Development-Multifamily (PD-MF) and
being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted by
Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 10.01 acres of land, more or less, 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 zoned as Planned
Page 233
Item 23.
Ordinance No. 2020-___, Page 2
Development-MF (PD-MF) and being more particularly described in Exhibit “A,” attached hereto
and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the Statement of Intent and Purpose,
attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; 3) the
Site Plan, attached hereto as Exhibit D; 4) the Development Schedule, attached hereto as Exhibit
E; 5) the Façade Plans, attached hereto as Exhibit F; and 6) the Landscape Plans, attached
hereto as Exhibit G, which are incorporated herein for all purposes as if set forth verbatim, subject
to the following conditions of approval by the Town Council:
1. Approval of a Development Agreement, which will include right-of-way and easement
dedication and masonry and architectural standards consistent with Exhibit F; and
2. The standards in the development agreement should be in sync with the ordinance
provisions, providing for which controls in the event of a conflict.
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.
Page 234
Item 23.
Ordinance No. 2020-___, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF NOVEMBER, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 235
Item 23.
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY 1/2" IRFCIRSCIRSCIRS3/4" IPF1/2" IRF1/2" IRFNON-SHADEDZONE XNON-SHADEDZONE XNON-SHADEDZONE X15.31 ACRES260126022603260426052606260726082609261326122611261026142614261926182616261726202621262326222624262626252627ZONE AEZONE AEZONE AEZONE AE40' X 60'1 STORYMETALBUILDINGFF=655.13MANUFACTUREDHOMEMANUFACTUREDHOME10' UTILITY EASEMENTVOL. 2017, PG. 81R.P.R.C.C.T.EASEMENT TOWN OF PROSPERVOL. 1066, PG. 28R.P.R.C.C.T.50' TP & L EASEMENTVOL. 569, PG. 238R.P.R.C.C.T.PEBBLE TRUSTCCF#2005-0122157P.R.C.C.T.POB66
0
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66066
0660658 NON-SHADEDZONE XZONE AENON-SHADEDZONE XZONE AE1/2" CIRF"GEER 4117"1/2" IRFIN 3/4 IPFLUIS MARTIN TORRES
LOT 1E, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
P&R REAL ESTATE
LOT 1D, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
P&R REAL ESTATE
LOT 1C, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
ANGELA STEINHILBER
LOT 4B, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
LOT 4A, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
MARIO ZARATE
LOT 5,
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
GOODWILL INDUSTRIES OF NORTH TEXAS, INC.
CCF#20080102000008100
O.P.R.C.C.T.
FIRST TRACT
PROSPER CO-OP GIN ASSOCIATION
VOL. 921, PG. 431
R.P.R.C.C.T.
SECOND TRACT
PROSPER CO-OP GIN ASSOCIATION
VOL. 921, PG. 431
R.P.R.C.C.T.SECOND TRACTPROSPER CO-OP GIN ASSOCIATIONVOL. 372, PG. 109R.P.R.C.C.T.PROSPER CO-OP GIN ASSOCIATION
VOL. 516 PG. 57
R.P.R.C.C.T.
PROSPER CO-OP GIN
ASSOCIATION
VOL. 473 PG. 484
R.P.R.C.C.T.
BLOCK 26,
R R ADDITION
VOL. 834, PG. 166
P.R.C.C.T.
FIRST TRACT
PROSPER CO-OP GIN ASSOCIATION
VOL. 372, PG. 109
R.P.R.C.C.T.
JOE B GALLEGOS
LOT 1A, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
JAMES ROWLAND
ABS A0147 C.C.S.L. #12
SHEET 2, TRACT 64.
CALLED 5.2956 AC
KECK CAPTITAL LLC
LOT 1D, BLOCK 27
RAILROAD ADDITION
SPINHART CORP
LOT 1G, BLOCK 27
RAILROAD ADDITION
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 1, 2, 3, & 4. BLOCK 1
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 5, 6. BLOCK 1
ADLC PROPERTIES LLC
SILO PARK ADDITION
LOT 1R, BLOCK A
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTR
PD-96
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: OFFICE EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: C
LAND USE: COMMERCIAL
DAIRY MANUFACTURERS, INC.
VOL. 3510, PAGE 179
O.P.R.C.C.T.ALLEYVOL. 833, PG. 163ALLEYVOL. 833, PG. 163EXISTING ZONING: DTR
PD-84
LAND USE: FOOD COURT
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
PROP ZONING: PD- MF
EXISTING ZONING: DTC
PROP ZONING: PD- MF
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
ZONING CHANGE
BOUNDARY
ZONING CHANGE
BOUNDARY
100 YEAR FLOOD
PLAIN
100 YEAR
FLOOD PLAIN
RAIL ROAD
LINE
RAIL ROAD
ROW
60'
R.O.W.6TH STREET30' R.O.W.VOL. 833, PG. 163OLAY STREET40' R.O.W.VOL. 833, PG. 1637TH STREET30' R.O.W.VOL. 833, PG. 163ROAD (UNKNOWN NAME)
30' R.O.W.
VOL. 833, PG. 163FIFTH STREETEX. 26' WIDTHMCKINL
E
Y
S
T
EX. 24'
W
I
D
T
H
DATENo.REVISIONBYDATE:
SHEET
File No. 2018-013
04/23/2020
CHECKED:MAM
DRAWN:ASD
DESIGN:ASDPROSPER LOFTSFIFTH STPROSPER, TXTEXAS REGISTRATION #14199
0
GRAPHIC SCALE
1 inch = ft.
80 80 160
80
40
EXHIBIT AEX-A 1903 CENTRAL DR. SUITE #1PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTY SURVEY:ABSTRACT NO.
COLLIN C.C.S.L. #12 A0147
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT/REPRESENTATIVE:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PH: 817.201.6982
SURVEYOR:
EAGLE SURVEYING
210 S. ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
BBG INVESTMENTS INC FLA TLS INVESTMENTS INC
P.O. BOX 129
PROSPER, TX 75078
PH: 214.325.0615
CASE # : Z20-0005
CONTACT NAME: MATT MOORE
CONTACT NAME: DAN RICK
SITE
N
VICINITY MAP & EXISTING ZONING MAP
N.T.S.
PROSPER LOFTS
EXISTING ZONING: DOWNTOWN COMM. (DTC)
PROPOSED ZONING: PD- MULTIFAMILY (MF)
FLOODPLAIN NOTE
CONTACT NAME: TREVOR WOOD
This property is located in "Non-shaded Zone X" & "Zone AE" as scaled from the
F.E.M.A. Flood Insurance Rate Map as shown by the Letter of Map Revision (LOMR)
dated January 18, 2018 and is located in Community Number 480141 as shown on
Map Number 48085C0235J. The location of the Flood Zone is approximate, no vertical
datum was collected at the time of the survey. For the exact Flood Zone designation,
please contact 1-(877) FEMA MAP.
NOTES:
1.THE THOROUGHFARE ALIGNMENT SHOWN ON THIS EXHIBIT IS FOR
ILLUSTRATION PURPOSES ONLY AND DOES NOT SET THE ALIGNMENT.
THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT.
2.PROPERTY WITHIN FEMA 100-YEAR FLOODPLAIN AREAS TO BE
REMEDIATED BY DRAINAGE STUDY BY CARDINAL STRATEGIES.
PRELIMINARY
CLAYMOORE ENGINEERING
DOC NO. 2005-0122157 O.P.R.C.C.T.
15.31 ACRES
SITE DATA SUMMARY WEST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.297 ACRES
RESIDENTIAL
DENSITY 34.4 UNITS PER ACRE (148 UNITS)
UNIT BREAKDOWN 88 1-BEDROOM, 60 2-BEDROOM
MAX BUILDING
HEIGHT 4 STORIES- 54'-4"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USUABLE OPEN
SPACE 13.1%
PARKING SPACES 200 SURFACE SPACES, 33 GARAGE SPACES
SITE DATA SUMMARY EAST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.590 ACRES
RESIDENTIAL
DENSITY 32.2 UNITS PER ACRE (148 UNITS)
UNIT BREAKDOWN 88 1-BEDROOM, 60 2-BEDROOM
MAX BUILDING
HEIGHT 4 STORIES- 54'-4"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USUABLE OPEN
SPACE 18.6%
PARKING SPACES 187 SURFACE SPACES, 33 GARAGE SPACES
Page 236
Item 23.
Z20-005
EXHIBIT B
Statement of Intent and Purpose
The subject tract is currently zoned Downtown Commercial (DTC). The proposed multifamily
residential project is comprised of four buildings totaling 300 apartment units and the associated
parking and amenities. The Planned Development standards requested as part of this submittal
are further detailed in Exhibit C attached.
Page 237
Item 23.
Z20-0005
Exhibit C
Planned Development Standards
The development shall conform 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 be used in accordance with the Multifamily (MF)
District, as it exists or may be amended.
2.Development Plans
A.Conceptual Site Plan: The tract shall be used in general accordance with the attached
concept plan, set forth in Exhibit D.
B.Building Elevations: The tract shall be used in general accordance with the attached
façade plans, set forth in Exhibit F.
C.Landscape Plan: The tract shall be used in general accordance with the attached
landscape plan, set forth in Exhibit G.
3.Uses: Uses shall be permitted in accordance with the Multifamily (MF) District.
4.Regulations:
A.Density: The maximum unit density shall be set at 30 units per acre.
B.Dwelling Unit Area: The minimum dwelling area for one (1) or two (2) bedroom units
shall be 675 square feet, with an additional 150 square feet for each additional bedroom.
C.Building Height: The maximum building height will be four (4) stories, no greater than 60
feet as shown in Exhibit F.
D.Sidewalks: A 10’ sidewalk along both sides of McKinley Street shall be provided.
E.Setbacks:
1)There will be a fifteen (15) foot building setback along Fifth Street.
2)A five (5) foot landscape setback is required along all property lines with the
exception of property lines along Fifth Street and McKinley Street.
F.Landscape Setbacks: The landscape island requirement shall not apply to the areas of
tandem parking located to the rear of the buildings.
G.Parking:
1)The minimum parking ratio for all units shall be one (1) parking space per bedroom.
2)A double loaded dead-end drive may be utilized for parking on-site, given there is
sufficient backing space provided and neither side exceeds 12 spaces individually as
shown on Exhibit D.
H.Building Clear Space: The ten (10) foot minimum clear distance around the building shall
not apply to the areas of tandem parking in front of garage doors.
Page 238
Item 23.
DATENo.REVISIONBYDATE:SHEETFile No. 2018-01308/21/2020CHECKED:MAMDRAWN:ASDDESIGN:ASDTEXAS REGISTRATION #141990GRAPHIC SCALE1 inch = ft.80 80 1608040EXHIBIT DEX-D1903 CENTRAL DR. SUITE #1PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L. #12A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009BBG INVESTMENTS INC FLA TLS INVESTMENTS INCP.O. BOX 129PROSPER, TX 75078PH: 214.325.0615 CASE # : Z20-0005CONTACT NAME: MATT MOORECONTACT NAME: DAN RICKDOC NO. 2005-0122157 O.P.R.C.C.T.15.31 ACRESSITEVICINITY MAP & EXISTING ZONING MAPN.T.S.PROSPER LOFTSEXISTING ZONING: DOWNTOWN COMM. (DTC)PROPOSED ZONING: PD- MULTIFAMILY (MF)FLOODPLAIN NOTECONTACT NAME: TREVOR WOODLEGENDFIRE LANE CONCRETE PAVEMENTHEAVY DUTY CONCRETE PAVEMENTFLOOD PLAINPROPOSED CONCRETE CURB AND GUTTERPROPERTY LINEThis property is located in "Non-shaded Zone X" & "Zone AE" as scaled from theF.E.M.A. Flood Insurance Rate Map as shown by the Letter of Map Revision (LOMR)dated January 18, 2018 and is located in Community Number 480141 as shown onMap Number 48085C0235J. The location of the Flood Zone is approximate, no verticaldatum was collected at the time of the survey. For the exact Flood Zone designation,please contact 1-(877) FEMA MAP.NOTES:1. THE THOROUGHFARE ALIGNMENT SHOWN ON THIS EXHIBIT IS FORILLUSTRATION PURPOSES ONLY AND DOES NOT SET THE ALIGNMENT.THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT.2. PROPERTY WITHIN FEMA 100-YEAR FLOODPLAIN AREAS TO BEREMEDIATED BY DRAINAGE STUDY BY CARDINAL STRATEGIES.3. THE PROPOSED R.O.W. DEDICATION ALONG FIFTH STREET IS SHOWNFOR ILLUSTRATION PURPOSES ONLY. EXACT DEDICATION WILL TAKEPLACE AT THE TIME OF SITE PLAN.SITE DATA SUMMARY WEST LOTEXISTING ZONING DTCPROPOSED ZONINGPD- MULTIFAMILYLAND AREA 4.28 ACRESRESIDENTIALDENSITY35.75 UNITS PER ACRE (153 UNITS)UNIT BREAKDOWN77 1-BED, 66 2-BED, 10 3-BEDMAX BUILDINGHEIGHT4 STORIES- 50' 11"FINISHED FLOORELEVATIONSMIN 658.1 FEET FOR ALL STRUCTURES100 YEAR FLOODLEVELS656.1 FEETUSABLE OPENSPACE13.1%PARKING SPACES213 SURFACE, 29 GARAGEPARKING RATIO 1.01 PARKS PER BEDSITE DATA SUMMARY EAST LOTEXISTING ZONING DTCPROPOSED ZONINGPD- MULTIFAMILYLAND AREA 4.58 ACRESRESIDENTIALDENSITY32.1 UNITS PER ACRE (147 UNITS)UNIT BREAKDOWN74 1-BED, 63 2-BED, 10- 3 BEDMAX BUILDINGHEIGHT4 STORIES- 50' 11"FINISHED FLOORELEVATIONSMIN 658.1 FEET FOR ALL STRUCTURES100 YEAR FLOODLEVELS656.1 FEETUSABLE OPENSPACE18.6%PARKING SPACES212 SURFACE, 20 GARAGEPARKING RATIO 1.00 PARKS PER BEDCLAYMOORE ENGINEERINGPROSPER LOFTSFIFTH STPROSPER, TXPage 239Item 23.
Z20-0005
Exhibit E
Development Schedule
Below is an anticipated schedule for the proposed Downtown Multifamily project. This schedule
is conceptual and subject to change based on site approvals and permitting.
• Zoning Submittal to Town – March 2020
• Zoning Approval from Town – September 2020
• Site Plan Submittal to Town – October 2020
• Site Plan Approval from Town – December 2020
• Submit Building Permit Application – February 2021
• Final Engineering Approval from Town – April 2021
• Building Permit Issuance – May 2021
• Start Construction – May 2021
• Construction Complete – December 2022
Page 240
Item 23.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:08:00 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.10PROSPER APARTMENTSBUILDING IPERSPECTIVES,5)3;&PROSPER, TEXAS&%$LIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-28366&$/( 2BUILDING TYPE I - ENLARGED CORNER PERSPECTIVE6&$/( 3BUILDING TYPE I - LEFT CORNER PERSPECTIVE6&$/( 1BUILDING TYPE I - CORNER PERSPECTIVEΔDateEXHIBIT FPage 241Item 23.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:08:31 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.11PROSPER APARTMENTSBUILDING IFRONT AND LEFTELEVATIONS WITHSHADOWS,5)3;&PROSPER, TEXAS&%$LIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-28366&$/(
1BUILDING TYPE I - FRONT ELEVATION6&$/(
2BUILDING TYPE I - LEFT ELEVATIONΔDateEXHIBIT FPage 242Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.12/2A2.1255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.1255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET78182167987943770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.33' - 5 5/8"T.O. PLWD.42' - 6 3/4"ROOF TRUSS BRG./2A2.1255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET18782619874777MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789UNITCORRIDORUNIT124TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:08:50 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.12PROSPER APARTMENTS4310BUILDING TYPE IFRONTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL FRONT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - FRONT ASCALE:1/8" = 1'-0" 3BUILDING TYPE I - FRONT BNKEY PLANBUILDING TYPE I - FRONT ELEVATION MATERIAL CALCULATIONSCALE:1/8" = 1'-0" 4ROOF EQUIPMENT SIGHTLINE SECTIONSURFACE AREA 7,926SF GLAZING 1,938 SFNET AREA 5,988SFBRICK 5,136SF 85.8 %STONE VENEER 852SF14.2 %TOTAL MATERIAL 5,988SF 100 %TOTAL MASONRY5,988SF100%ΔDateEXHIBIT FPage 243Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.13/2A2.1355' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.1355' - 0"T.O. PARAPET51' - 2"T.O. PARAPET182867984377770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.1355' - 0"T.O. PARAPET51' - 2"T.O. PARAPET7928187843177MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:09:15 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.13PROSPER APARTMENTS4310BUILDING TYPE ILEFT ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL LEFT ELEVATIONBUILDING TYPE I - LEFT ELEVATION MATERIAL CALCULATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - LEFT ELEVATION ASCALE:1/8" = 1'-0" 3BUILDING TYPE I - LEFT ELEVATION BNKEY PLANSURFACE AREA9,996SFGLAZING1,803SFNET AREA 8,193SFBRICK7,247 SF 88.5 %STONE VENEER 946SF 11.5 %TOTAL MATERIAL8,193SF100 %ΔDateTOTAL MASONRY8,193SF100 %EXHIBIT FPage 244Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET124360' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET6430' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET635141254MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:09:44 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.14PROSPER APARTMENTS4310BUILDING TYPE IREAR ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL REAR ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - REAR ASCALE:1/8" = 1'-0" 3BUILDING TYPE I - REAR BSCALE:1/8" = 1'-0" 4BUILDING TYPE I - REAR CBUILDING TYPE I - REAR ELEVATION MATERIAL CALCULATIONSURFACE AREA 8,481SFGLAZING 1,443SFNET AREA 7,038SFBRICK3,417 SF48.6 %STONE VENEER 314SF 4.5 %FIBER CEMENT LAP SIDING1,348SF19.2 %FIBER CEMENT PANEL1,223SF17.4 %CORRUGATED METAL 736SF10.5%TOTAL MATERIAL7,038SF100 %NKEY PLANΔDateTOTAL MASONRY3,731SF53.0 %EXHIBIT FPage 245Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1632440' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1236543535MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:10:11 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.15PROSPER APARTMENTS4310BUILDING TYPE IRIGHTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL RIGHT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - RIGHT BSCALE:1/8" = 1'-0" 3BUILDING TYPE I - RIGHT AΔDateNKEY PLANBUILDING TYPE I - RIGHT ELEVATION MATERIAL CALCULATIONSURFACE AREA10,841SFGLAZING 1,715SFNET AREA 9,126SFBRICK3,997 SF43.8 %STONE VENEER 318SF 3.5 %FIBER CEMENT LAP SIDING2,102SF23.0 %FIBER CEMENT PANEL1,419SF15.5 %CORRUGATED METAL1,290SF14.1% TOTAL MATERIAL9,126SF100 %TOTAL MASONRY4,315SF47.3 %EXHIBIT FPage 246Item 23.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:10:37 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.21PROSPER APARTMENTS4310BUILDING IIFRONT AND RIGHTELEVATIONS WITHSHADOWSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:3/32" = 1'-0" 1BUILDING TYPE II - FRONT ELEVATIONSCALE:3/32" = 1'-0" 2BUILDING TYPE II - RIGHT ELEVATIONEXHIBIT FPage 247Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/3A2.22/2A2.220' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/3A2.22612878937770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/2A2.226781948217877MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:10:59 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.22PROSPER APARTMENTS4310BUILDING TYPE IIFRONTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL FRONT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE II - FRONT ASCALE:1/8" = 1'-0" 3BUILDING TYPE II - FRONT BNKEY PLANBUILDING TYPE I - FRONT ELEVATION MATERIAL CALCULATIONSURFACE AREA 7,388SFGLAZING 1,361SFNET AREA 6,027SFBRICK5,247SF 87.1 %STONE VENEER 780SF 12.9 %TOTAL MATERIAL6,027SF100 %TOTAL MASONRY6,027SF100 %EXHIBIT FPage 248Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET61234MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL1234567890' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET63415213OPENTEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:11:22 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.23PROSPER APARTMENTS4310BUILDING TYPE IILEFT ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL LEFT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE II - LEFT ANKEY PLANSCALE:1/8" = 1'-0" 3BUILDING TYPE II - LEFT BBUILDING TYPE II - LEFT ELEVATION MATERIAL CALCULATIONSURFACE AREA10,339SF GLAZING 1,148 SFNET AREA 9,191SFBRICK 3,963SF43.1 %STONE VENEER 321SF 3.5 %FIBER CEMENT LAP SIDING 2,177SF 23.7 % CEMENT PANEL 1,415SF 15.4 % CORRUGATED METAL 1,315SF 14.3 % TOTAL MATERIAL 9,191SF 100 %TOTAL MASONRY4,284SF46.6 %EXHIBIT FPage 249Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET640' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET612533410' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET16234MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:11:49 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.24PROSPER APARTMENTS4310BUILDING TYPE IIREAR ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL REAR ELEVATIONSCALE:1/8" = 1'-0" 3BUILDING TYPE II - REAR BSCALE:1/8" = 1'-0" 2BUILDING TYPE II - REAR ASCALE:1/8" = 1'-0" 4BUILDING TYPE II - REAR CNKEY PLANBUILDING TYPE II - REAR ELEVATION MATERIAL CALCULATIONSURFACE AREA 8,230SF GLAZING 1,092 SFNET AREA 7,138SFBRICK 3,198SF 44.8 %STONE VENEER 294SF4.1 %FIBER CEMENT LAP SIDING 1,566SF 21.9 %CEMENT PANEL 1,125SF 15.8 % CORRUGATED METAL 955SF 13.4 % TOTAL MATERIAL 7,138SF 100 %TOTAL MASONRY3,492SF48.9 %EXHIBIT FPage 250Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/3A2.251728489771860' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/2A2.25914761382878778MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL1234567890' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/2A2.25/3A2.25TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:12:16 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.25PROSPER APARTMENTS4310BUILDING TYPE IIRIGHTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/8" = 1'-0" 2BUILDING TYPE II - RIGHT ASCALE:1/8" = 1'-0" 3BUILDING TYPE II - RIGHT BNKEY PLANSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL RIGHT ELEVATIONBUILDING TYPE II - RIGHT ELEVATION MATERIAL CALCULATIONSURFACE AREA 9,924SF GLAZING 1,602 SFNET AREA 8,322SFBRICK 7,411SF 89.1 %STONE VENEER 911SF 10.9 %TOTAL MATERIAL 8,322SF100 %TOTAL MASONRY8,322SF100 %EXHIBIT FPage 251Item 23.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:23:24 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.31PROSPER APARTMENTS4310BUILDING TYPE IIIELEVATIONSWITH SHADOWSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:3/32" = 1'-0" 2BUILDING TYPE III - SIDE ELEVATIONSCALE:3/32" = 1'-0" 3BUILDING TYPE III - REAR ELEVATIONSCALE:3/32" = 1'-0" 1BUILDING TYPE III - FRONT ELEVATIONEXHIBIT FPage 252Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.32/3A2.3255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.3255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1718769841770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.3255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET17771869847MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:05 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.32PROSPER APARTMENTS4310BUILDING TYPE IIIFRONTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE III - OVERALL FRONT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE III - FRONT ASCALE:1/8" = 1'-0" 3BUILDING TYPE III - FRONT BNKEY PLANSURFACE AREA 9,906SFGLAZING 1,216SFNET AREA 8,690SFBRICK 8,171SF 94.0 %STONE VENEER 519SF 6.0 %TOTAL MATERIAL 8,690SF100 %ΔDateBUILDING TYPE III - FRONT ELEVATION MATERIAL CALCULATIONTOTAL MASONRY8,690SF100 %EXHIBIT FPage 253Item 23.
MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL1234567890' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1436TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:22 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.33PROSPER APARTMENTS4310BUILDING TYPE IIILEFT AND RIGHTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateNKEY PLANSCALE:1/8" = 1'-0" 1BUILDING TYPE III - LEFT/RIGHT ELEVATIONSURFACE AREA 3,333SF GLAZING 624 SFNET AREA 2,709SFBRICK 1,711SF 63.2 %FIBER CEMENT LAP SIDING 826SF 30.5 %CEMENT PANEL 172SF 6.3 % TOTAL MATERIAL 2,709SF 100 %BUILDING TYPE III - SIDE ELEVATION MATERIAL CALCULATIONTOTAL MASONRY1,711SF63.2%EXHIBIT FPage 254Item 23.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.34/3A2.3455' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.3455' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1635450' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.3455' - 0"T.O. PARAPET51' - 2"T.O. PARAPET165434MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:37 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.34PROSPER APARTMENTS4310BUILDING TYPE IIIREAR ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE III - OVERALL REAR ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE III - REAR ASCALE:1/8" = 1'-0" 3BUILDING TYPE III - REAR BΔDateNKEY PLANSURFACE AREA10,566SF GLAZING 1,144 SFNET AREA 9,422SFBRICK 4,024SF 42.7 %FIBER CEMENT LAP SIDING 2,045 SF21.7 %CEMENT PANEL 1,236SF 13.1 % CORRUGATED METAL 2,117SF 22.5 % TOTAL MATERIAL 9,422SF 100 %BUILDING TYPE III - REAR ELEVATION MATERIAL CALCULATIONTOTAL MASONRY4,024SF42.7%EXHIBIT FPage 255Item 23.
8'-4"TOP OF WALL1'-6"TOP OF LANDING0'-0"TOP OF SLAB9'-1 1/8"TRUSS BRG6137'-0"HEAD HT7'-9"TOP OF WALL8'-4"TOP OF WALL9'-1 1/8"TRUSS BRG6130'-0"TOP OF SLAB1'-6"TOP OF LANDING8'-4"TOP OF WALL1'-6"TOP OF LANDING7'-9"TOP OF WALL0'-0"TOP OF SLAB6130'-0"TOP OF SLAB7'-9"TOP OF WALL8'-4"TOP OF WALL9'-1 1/8"TRUSS BRG6318'-0"HEAD HTMATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:59 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.41PROSPER APARTMENTS4310BUILDING TYPE IVELEVATIONSFP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/4" = 1'-0" 1BUILDING TYPE IV - FRONT ELEVATION7RAS+ C20PAC72R/0AI17E1A1CESCALE:1/4" = 1'-0" 3BUILDING TYPE IV - REAR ELEVATION7RAS+ C20PAC72R/0AI17E1A1CESCALE:1/4" = 1'-0" 2BUILDING TYPE IV - LEFT ELEVATION7RAS+ C20PAC72R/0AI17E1A1CESCALE:1/4" = 1'-0" 4BUILDING TYPE IV - RIGHT ELEVATION7RAS+ C20PAC72R/0AI17E1A1CEFRONT ELEVATIONSURFACE AREA215 SF OPENINGS112 SF NET AREA103 SFBRICK 36 SF 35.0 %FIBER CEMENT LAP SIDING 67 SF 65.0 %TOTAL MATERIAL103 SF 100 %BUILDING TYPE IV - MATERIAL CALCULATIONNKEY PLANNOTE: PLAN ON THIS SHEET IS ROTATED COUNTERCLOCKWISE 1243LEFT ELEVATIONSURFACE AREA268 SF OPENINGS 0 SF NET AREA268 SFBRICK 57 SF 21.3 %FIBER CEMENT LAP SIDING211 SF 78.7 %TOTAL MATERIAL268 SF 100 %REAR ELEVATIONSURFACE AREA300 SF OPENINGS 0 SF NET AREA300 SFBRICK 39 SF 13.0 %FIBER CEMENT LAP SIDING261 SF 87.0 %TOTAL MATERIAL300 SF 100 %RIGHT ELEVATIONSURFACE AREA276 SF OPENINGS 24 SF NET AREA252 SFBRICK 28 SF 11.1 %FIBER CEMENT LAP SIDING224 SF 88.9 %TOTAL MATERIAL252 SF 100 %EXHIBIT FPage 256Item 23.
31' - 8 7/8"TRUSS BRG.WIN. HD. HGT.8' - 0"TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:14:04 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA5.00PROSPER APARTMENTS4310WINDOW DETAILFP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1 1/2" = 1'-0" 1WINDOW SECTIONEXHIBIT FPage 257Item 23.
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 SANTA FE RAILMANUFACTUREDHOMEMANUFACTUREDHOME657656652651650649659659659659659
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653650649654657652660 LOT 4B, BLOCMITCHELL ADDIVOL. 833, PG. P.R.C.C.T.LOT 4A, BLOMITCHELL ADDVOL. 833, PGP.R.C.C.TLOT MITCHELL AVOL. 833, P.R.C.ROAD (UNKNOWN NAME)30' R.O.W.VOL. 833, PG. 163ALLEYVOL. 833, PG. 163SEVENTH STREET30' R.O.W.VOL. 833, PG. 163MCKINLEY STREET2 ft vehicle overhang2 ft vehicle overhangDATENo. REVISION BYDATE:SHEETFile No.08/18/2020CHECKED:ASDDRAWN:LRRDESIGN:LRRBGREA LOVELESS5TH ST. & McKINLEY ST.PROSPER, TEXAS1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #141992018-013H.UHNMOSAJETS TA3OF97ETXRFPY L-1LANDSCAPE PLANTREE LEGENDCanopy TreesLOLive OakSOShumard OakHATCH LEGENDSolid SodBermuda GrassDecomposedGraniteSHRUB LEGENDInstall 4" steel edging between all shrub beds and grassareas.Install 4" layer of shredded hardwood mulch to all plantingbeds.The project will have an undergound automatic irrigationsystem to water all new plantings.LANDSCAPE NOTES1.2.3.4.Shrub beds to have 8 inches of prepared planting mix(75% import topsoil, 15% composted amendment, 10%washed sand)5.Shredded hardwood mulch must contain long strandsalong with double shred finer material obtained from alocal source.6.Install 4 inches of clean topsoil in all areas of the site disturbedby grading and construction operations. Topsoil shall be freefrom sticks, debris and rocks larger than 2 inches in diameterand have an organic matter level of 3 percent minimum and apH range between 5.5 and 7.4 percent. Provide soil testanalysis from a soil test laboratory showing soil makeup andorganic percentage.7.Solid sod or hydromulch all areas disturbed byconstruction activities as shown on plan.Ornamental TreesTYTree YauponCECedar Elm0GRAPHIC SCALE1 inch = ft.15303030 60MATCHLINE - REFER TO SHEET L-2 FOR CONTINUATION OF PLANDwarf YauponAbeliaBarberryRed YuccaDwarf Burford HollyDYABBARYDBDwarf Wax MyrtleWMGiant LiriopeGLViburnumVBTexas SageTXPink MuhlyPMLELacebark ElmCOChinquapin OakCRCrapemyrtleWMWax MyrtleHydromulchBermuda GrassCASE NO. Z20-0005EXHIBIT GAsian JasminePage 258Item 23.
DBCECECECECECECECECOCOCOCOCOCOCOLELELOLOSOSOSOSOSOSOSOSOSOCECECECECECESOSOSOSOSOSOSODBDBDBDBDBDBDBDBDBDBDBDBRYRYRYRYRYRYRYRYRYRYRYRYRYDBDBDBDBDBDBRYDBDBDBDBRYRYRYRYRYRYRYRYRYDYDYDYDYDYDYDYDYDYDYDYDYDYTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXABABABABABABABABABABABABABBABABABABABABABABABABABABAPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMRYRYRYRYRYRYRYRYRYRYRYRYRYRYGLGLGLGLGLGLGLGLPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMPMDYDYDYDYDYDYDYDYDYDYDYDYDYDBDBDBDBDBDBDBDBDBRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYRYTXPMTXPMTXPMTXPMTXPMTXPMTXPMTXPMTXPMTXPMTXPMTXPMDYGLDYDYDYDYDYDYDYDYDYDYDYDYDYDYGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLPMPMPMPMPMPMPMPMDYDYGLGLDYDYGLGLDYDYGLGLDYDYGLDYDYGLGLGLGLGLGLGLGLGLGLGLGLRYRYRYRYRYRYDYDYCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRTYTYTYTYCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRCRTYTYTYTYTYTYTYTYTYTYTYVBVBVBVBVBVBVBVBVBVBVBVBVBVBVBWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBLECECECECECECECELOLOLOLOLOLOLOLOPMABABABABABABABABDBDBDBDBDBDBDYTXPMPMGL170AJ110AJ110AJ160AJ95AJ160AJSOSOCOCELOLOCODYDYDYABABABDYDYDYABABABDYABABCO170AJ160AJLEPOOLCOURT655654652653652651651650
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655LOT 1D, BLOCK MITCHELL ADDITIOVOL. 833, PG. 16P.R.C.C.T.LOT 1C, BLOCK 1MITCHELL ADDITIONVOL. 833, PG. 163P.R.C.C.T.LOT 4B, BLOCK 4MITCHELL ADDITIONVOL. 833, PG. 163P.R.C.C.T.FIFTH STREET16' ASPHALTALLEYVOL. 833, PG.163SIXTH STREET30' R.O.W.VOL. 833, PG. 163MCKINLEY STREET2 ft vehicle overhangDATENo. REVISION BYDATE:SHEETFile No.08/18/2020CHECKED:ASDDRAWN:LRRDESIGN:LRRBGREA LOVELESS5TH ST. & McKINLEY ST.PROSPER, TEXAS1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #141992018-013H.UHNMOSAJETS TA3OF97ETXRFPY L-2LANDSCAPE PLANMATCHLINE - REFER TO SHEET L-1 FOR CONTINUATION OF PLANTREE LEGENDCanopy TreesLOLive OakSOShumard OakHATCH LEGENDSolid SodBermuda GrassDecomposedGraniteSHRUB LEGENDInstall 4" steel edging between all shrub beds and grassareas.Install 4" layer of shredded hardwood mulch to all plantingbeds.The project will have an undergound automatic irrigationsystem to water all new plantings.LANDSCAPE NOTES1.2.3.4.Shrub beds to have 8 inches of prepared planting mix(75% import topsoil, 15% composted amendment, 10%washed sand)5.Shredded hardwood mulch must contain long strandsalong with double shred finer material obtained from alocal source.6.Install 4 inches of clean topsoil in all areas of the site disturbedby grading and construction operations. Topsoil shall be freefrom sticks, debris and rocks larger than 2 inches in diameterand have an organic matter level of 3 percent minimum and apH range between 5.5 and 7.4 percent. Provide soil testanalysis from a soil test laboratory showing soil makeup andorganic percentage.7.Solid sod or hydromulch all areas disturbed byconstruction activities as shown on plan.Ornamental TreesTYTree YauponCECedar ElmDwarf YauponAbeliaBarberryRed YuccaDwarf Burford HollyDYABBARYDBDwarf Wax MyrtleWMGiant LiriopeGLViburnumVBTexas SageTXPink MuhlyPMLELacebark ElmCOChinquapin OakCRCrapemyrtleWMWax MyrtleHydromulchBermuda GrassCASE NO. Z20-0005EXHIBIT GAsian Jasmine0GRAPHIC SCALE1 inch = ft.6030 303015Page 259Item 23.
DATENo. REVISION BYDATE:SHEETFile No.08/18/2020CHECKED:ASDDRAWN:LRRDESIGN:LRRBGREA LOVELESS5TH ST. & McKINLEY ST.PROSPER, TEXAS1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #141992018-013H.UHNMOSAJETS TA3OF97ETXRFPY L-3LANDSCAPE DETALSWATER BASINSHRUB PLANTINGSEE PLANTRIANGULARSPACINGSCALE: NONEEQUALMULTI-TRUNK PLANTINGPREPARE SOIL MIXAND FERTILIZERPER SPECS.TOP OF BALL ORROOT CROWN1" ABOVE FIN.STEEL EDGINGSEE PLANGRADEPLACING PREPARED MIXSCARIFY BOTTOM OFPLANTING BED BEFOREEQUALPREPARED SOIL MIXAND FERTILIZER (SEE SPECS)12"4" MULCH LAYERSCALE: NONE4"NATIVE SOIL4" MULCH LAYER4" MULCH LAYER12" DEPTH OFPLANTING MIXTRIANGULARSPACINGEQUALEQUALSCALE: NONEGROUNDCOVER PLANTING2348"DETAIL FORARBOR-GUYREFER TO ANCHORINGSTEEL EDGINGSEE PLANCANOPY TREE PLANTINGSCALE: NONE1TREE STAKE SOLUTIONS LLC9973 FM 521 ROADROSHARON, TX 77583PHONE: (281) 778-1400FAX: (281) 778-1425www.treestakesolutions.com™SolutionsUNDISTURBEDSOILNAILSTAKEROOT ANCHORU-BRACKETROOTBALLPLANTING HOLEUNDISTURBEDSOILROOT ANCHORU-BRACKETROOTBALLPLANTING HOLETREETREENAIL STAKEPLANTING HOLETREEU-BRACKETROOT ANCHORTREE TRUNKROOTBALL1. WITH TREE IN A STRAIGHT & PLUMBPOSITION, CENTER THE APPROPRIATE ROOTANCHOR SAFETY STAKE AROUND THE TRUNK,WITH RINGS LAYING FLAT AGAINSTROOTBALL, U-BRACKETS FACING UP.2. INSERT 1 OF 3 NAIL STAKES THROUGH EACH OFTHE U-BRACKETS. NAILS SHOULD REST IN THEUNDISTURBED SOIL AT THE BOTTOM OF THE TREEPIT. ALL NAILS SHOULD FIT SNUG AGAINST THE SIDEOF THE ROOTBALL.(FOR HAND OR MACHINE DUG TREES, IT MAY BENECESSARY TO PENETRATE 1" - 4" OF OUTER AREAOF THE ROOTBALL WITH THE NAIL.)3. NAIL STAKES SHOULD BE DRIVEN STRAIGHT DOWNINTO THE UNDISTURBED SOIL BELOW THEROOTBALL. THE NAILS ARE NOW CAGING THEROOTBALL IN PLACE, WHILE THE TOP BRACKET PINSTHE ROOTBALL DOWN.AFTER THE TREE STAKE IS INSTALLED, A LAYER OFMULCH CAN BE ADDED OVER THE STAKE. REMOVEROOT ANCHOR AFTER TREE IS ESTABLISHED.ITEM #5 BG15 BG30 BG45/65 BGDESCRIPTION5 GALLON OR 10" ROOTBALL10/15 GALLON OR 17" ROOTBALL20/30 GALLON OR 22" ROOTBALL45/65 GALLON OR 27-30" ROOTBALLNAIL LENGTH X 3PC(INCLUDED)#4 X 24"#4 X 36"#4 X 36"#4 X 48"ITEM #100 BG150 BG200 BG300 BGDESCRIPTION95/100 GALLON OR 36" ROOTBALL150 GALLON OR 42" ROOTBALL200 GALLON OR 48" ROOTBALL300 GALLON OR 58" ROOTBALLNAIL LENGTH X 3PC(INCLUDED)#5 X 48"#5 X 60"#5 X 72"#5 X 72"ROOT ANCHORTM BELOW GRADE SAFETY STAKE SIZING CHARTLandscape Plan is conceptual in nature. Must meet all required Zoning requirements Landscape CalculationsTown of Prosper, Texas Interior Landscape AreaProvided1 tree / 15 spacesRequired397 spaces1 tree per 30 LF27 treesProvidedRequiredStreet Landscape AreaAt least 1 tree within 150'of each parking space.15 shrubs per 30 LF15 sf area for each parking space5,955 SF 48,174 SFPerimeter LandscapeProvidedRequired1 tree and 1 shrub per 15 LF54 trees54 shrubsEast property line 54 trees57 shrubs804 LF22 trees658.6 LF5th Street330 shrubs 330 shrubs35 trees22 treesNorth property line34 trees34 shrubs500 LF 34 trees36 shrubsWest property line47 trees47 shrubs702 LF47 trees48 shrubsTree YauponPLANT LISTLive OakCedar ElmIlex vomitoriaUlmus crassifoliaQuercus virginiana30 gal. 8' ht. multi-trunk female30 gal. 8' ht. 3 trunk 3" cal. min.Lagerstroemia indica 'Basham Pink'Crapemyrtle30 gal. 8' ht. multi-trunk 3" cal. min.Myrica ceriferaWax Myrtle5 gal. 36" ocIlex vomitoria 'Nana'Dwarf Yaupon5 gal. 36" ocAbelia x grandifloraAbelia5 gal. 36" ocBerberis thunbergia 'atropurpurea'Barberry5 gal. 36" ocHesperaloe parvifloraRed Yucca5 gal. 36" ocIlex cornuta burfordii nanaDwarf Burford HollyShumard OakQuercus shumardiiTYLOCECRWMDYABBARYDBSO5 gal. 36" ocMyrica pusillaDwarf Wax MyrtleWM5 gal. 36" ocLiriope giganteaGiant LiriopeGLCANOPY TREESORNAMENTAL TREESSHRUBS & GROUNDCOVERS5 gal. 36" ocViburnum tinus 'Spring Boquet'ViburnumVB5 gal. 36" ocLeucophyllum frutescens 'Silverado'Texas SageTX5 gal. 36" ocMuhlenbergia capillarisPink MuhlyPMChinquapin OakQuercus muhlenbergiaCOLacebark Elm Ulmus parvifloraLE3" cal. container grown 11' ht. 5' spread3" cal. container grown 11' ht. 5' spread3" cal. container grown 11' ht. 5' spread3" cal. container grown 11' ht. 5' spread3" cal. container grown 11' ht. 5' spread462622721861291369712645513070601015Town of Prosper Notes1 gal. 18" ocTrachelospermum asiaticumAsian JasmineAJ1755CASE NO. Z20-0005EXHIBIT GPage 260Item 23.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development and
Infrastructure Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act to authorize the Town Manager to execute a Development Agreement between
BBG Investments, Inc., and the Town of Prosper, Texas, related to the Downtown Loft Multifamily
development.
Description of Agenda Item:
On September 22, 2020, the Town Council approved the rezoning request (Z20-0005) related to
a multifamily development in downtown Prosper. The zoning request was approved subject to:
1. Approval of a Development Agreement, which will include right-of-way and easement
dedication and masonry and architectural standards consistent with the zoning elevations; and
2. The standards in the Development Agreement should be in sync with the ordinance provisions,
providing for which controls in the event of a conflict.
The Development Agreement outlines the following obligations of the Town of Prosper and BBG
Investments, Inc., related to the Downtown Loft Multifamily development:
Construction of McKinley Street – The Developer agrees to construct McKinley Street from
Fifth Street to either the connection of the section of McKinley Street to be constructed by
Goodwill, or to Coleman Street if the section of McKinley Street to be constructed by Goodwill
has not been constructed. The Town and Developer agree that the portion of McKinley Street
within their development will be reimbursed from the roadway impact fees collected by the
development. Any section of McKinley Street constructed outside the limits of the
development will be reimbursed by the Town upon completion and acceptance of the
construction by the Town.
Park Improvement Fees – The Developer agrees to pay the Town $600,000 in Park
Improvement Fees for the development.
Park Dedication Fees – The Town agrees to waive Park Dedication Fees for the development.
Underground Electric Utility Lines – The Developer agrees to bury all electric lines on the
property, unless otherwise specifically authorized by the Town, at no cost to the Town. A site
Prosper is a place where everyone matters.
PLANNING
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Item 24.
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plan and final plat showing all electric lines underground, shall be approved by the Town prior
to issuance of a building permit for the development.
Drainage of the Property – The Town agrees to relocate the detention requirements west of
the BNSF Railway Company right-of-way and to construct at its cost, the drainage
improvements west of the existing railroad tracks. The Developer agrees to design and
construct at their cost, all drainage facilities associated with the development, and the
drainage culverts under the railroad tracks. The conveyance of the drainage west of the
railroad tracks is limited to 1,037 cfs. The Town and Developer will work together to obtain
the necessary approvals from the BNSF Railway Company for the drainage improvements
under the railroad tracks.
Building Materials and Architectural Standards – The Developer agrees to comply with the
building construction materials and architectural standards provided in Exhibit D for any
structure built within the development.
Fencing Along Railroad Right-of-Way – A site plan will be provided that depicts the type and
height of the fencing along the western boundary of the development adjacent to the BNSF
Railway Company right-of-way. The site plan will be approved by the Town and the Developer
agrees to install the approved fence prior to any certificate of occupancy or building final for
any residential structure.
The Development Agreement also includes a provision that requires the developer to notify the
Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business
days of such sale or transfer. The developer has the right to assign this Agreement, in whole or
in part. A copy of each assignment shall be provided to the Town within ten (10) business days
after execution.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Town Proposed Development Agreement
2. Exhibits A, B, C, D, and E
Town Staff Recommendation:
Staff recommends the Town Council authorize the Town Manager to execute a Development
Agreement between BBG Investments, Inc., and the Town of Prosper, Texas, related to the
Downtown Loft Multifamily development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between BBG
Investments, Inc., and the Town of Prosper, Texas, related to the Downtown Loft Multifamily
development.
Page 262
Item 24.
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DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS,
AND BBG INVESTMENTS, INC.
THIS DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF PROSPER,
TEXAS, AND BBG INVESTMENTS, INC. (“Agreement”), is made and entered into this
___ day of November, 2020, by and between the Town of Prosper, Texas (“Prosper” or
the “Town”), and BBG Investments, Inc. (“Developer”), collectively referred to as the
“Parties.”
W I T N E S S E T H:
WHEREAS, Developer is developing an urban-style, predominantly surface-
parked, multifamily residential project in Downtown Prosper, consisting of 300 units,
including 151 one-bedroom, 129 two-bedroom and 20 three-bedroom units (the “Project”),
to be constructed in accordance with the exhibits attached hereto, and more fully
described herein; and
WHEREAS, the legal description of the foregoing multifamily property in
Downtown Prosper (“Property”) on which the Project shall be located is attached hereto
as Exhibit A and incorporated by reference; and
WHEREAS, in this Agreement the Town and Developer wish to address a variety
of issues related to this Project, including the construction of McKinley Street as well as
the timing, construction and payment of associated costs related thereto, waiver of park
dedication fees as well as water and wastewater impact fees, the undergrounding of
electric utility lines, building construction materials and architectural standards, and
dedications and easements, among others; and
WHEREAS, the Town and Developer acknowledge that the construction of the
Project is desirable; however, both Parties recognize the capital costs associated with the
proposed construction; and
WHEREAS, the Town and Developer have agreed to the construction of McKinley
Street and related improvements, as depicted in attached Exhibit B and incorporated by
reference, with construction cost estimates and roadway impact fee estimates for the
Property described in attached Exhibit C, also incorporated by reference; and
WHEREAS, the Town has adopted a Roadway Capital Improvements Plan
(“Roadway CIP”) as part of its impact fee ordinance, contained in Article 10.02 of Chapter
10 of the Town’s Code of Ordinances, as amended, all of which were adopted pursuant
to the authority contained in Chapter 395 of the Texas Local Government Code, as
amended; and
WHEREAS, in an effort to facilitate the construction of McKinley Street serving the
Property, the Parties have agreed to the terms and provisions of this Agreement; and
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Item 24.
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WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of McKinley
Street proceed uniformly; and
WHEREAS, Chapter 380 of the Texas Local Government Code provides that
Texas municipalities may create programs to promote local economic development; and
WHEREAS, Chapter 378 of the Texas Local Government Code authorizes
municipalities to establish Neighborhood Empowerment Zones, which Z ones, in part,
promote economic development, and the Town has availed itself of such statutory
authority and has created Neighborhood Empowerment Zone No. 1 in the Town, and the
Parties hereby acknowledge that the Property is located entirely within the boundaries of
said Neighborhood Empowerment Zone No. 1; and
WHEREAS, the Town wishes to partner with Developer and provide incentives to
Developer to assist in the continued economic development of the Property, particularly
so since the Property and the Project are located in Downtown Prosper and will lead to
further economic development in Downtown Prosper; and
WHEREAS, the Town has concluded and hereby finds that this Agreement clearly
promotes economic development in the Town and, as such, meets the requisites under
Chapter 380 of the Texas Local Government Code and further, is in the best interests of
the Town and Developer; and
WHEREAS, Developer has applied to the Town for financial accommodations,
including those which are described in this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Town and Developer covenant and agree as follows:
1. Roadway Impact Fees and McKinley Street Construction. Developer
shall be subject to and shall pay the Town roadway impact fees, pursuant to applicable
provisions of the Town’s Code of Ordinances, as amended (which may include roadway
impact fee credits, pursuant to Section 10.02.010 of the Town’s Code of Ordinances, as
amended). Specifically, the Parties agree that McKinley Street is an impact-fee eligible
roadway which is identified on the Town’s Roadway Capital Improvement Plan (“CIP”)
that Developer agrees and has agreed to construct, the extent of which construction is
reflected in attached Exhibit B, incorporated by reference. For purposes of this
Agreement, the term “construction” of McKinley Street also includes any existing portions
of McKinley Street that may be reconstructed or require reconstruction during the
development of the Project. The Parties agree and acknowledge that (1) a portion of the
McKinley Street construction, as reflected on attached Exhibit B, shall be paid for by the
Town; and (2) two (2) lanes of McKinley adjacent to the Goodwill Industries of Northeast
Texas (“Goodwill”) property may be constructed by Goodwill if such Goodwill property is
developed prior to McKinley Street construction, as referenced herein. Further, if
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Item 24.
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Goodwill has not constructed its portion of McKinley Street prior to the commencement
of McKinley Street construction by Developer, then Developer shall construct Goodwill’s
portion of McKinley Street and shall be eligible for reimbursement of construction costs
pursuant to this Agreement.
2. McKinley Street Construction Costs and Reimbursement.
A. Provided Developer constructs, and the Town accepts, the
construction of McKinley Street as contemplated by this Agreement, Developer shall be
reimbursed impact fee-eligible costs for the construction costs associated with the
construction of McKinley Street and related improvements. The phrase “construction
costs” as used herein shall mean the actual construction costs, including design costs,
construction costs, engineering costs, surveying costs and geotechnical materials testing
associated with the construction of McKinley Street. The current estimated construction
costs for the construction of McKinley Street are reflected in attached Exhibit C,
incorporated by reference. No construction costs for the construction of McKinley Street
shall be incurred by Developer until Developer submits the construction costs to the Town
Engineer for review and written approval.
B. The Town shall pay Developer those construc tion costs associated
with the construction of McKinley Street in excess of applicable roadway impact fees paid
to the Town by Developer. Such payment shall be made by the Town to Developer upon
Town’s acceptance of McKinley Street and related improvements.
C. Developer agrees that no final inspection and no certificate of
occupancy shall be issued by the Town for the multifamily residential structure on the
Property until Developer has constructed McKinley Street and related improvements, and
the Town has accepted McKinley Street and related improvements. It is a material term
of this Agreement that a certificate of occupancy for said multifamily residential structure
shall be issued by the Town no later than June 30, 2023, such certificate of occupancy
not to be unreasonably withheld, and the failure by Developer to have obtained a
certificate of occupancy by said date shall be deemed a breach of this Agreement.
D. The Parties acknowledge that it is reasonably anticipated that the
construction of McKinley Street and related improvements as contemplated by this
Agreement does not exceed the municipal participation limit referenced in Section
212.072(b)(2) of the Texas Local Government Code, as amended. In the event such
construction costs exceed said municipal participation limit, then Developer shall bid the
construction of McKinley Street and related improvements with three (3) qualified
contractors and shall provide copies of the bids received for such items to the Town within
five (5) business days of Developer’s receipt of same. Developer shall provide to the
Town the bids and the proposed contract(s) prices that Developer wishes to accept for
the construction of McKinley Street and related improvements. Developer shall not
proceed to award a contract(s) for the design and construction of McKinley Street and
related improvements unless and until the Town provides written approval of said
contract(s).
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Item 24.
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3. Third Party Roadway Project Rights-of-Way.
A. The Parties shall cooperate with each other in obtaining from third
parties any and all rights-of-way (“Third Party Roadway Project Rights-of-Way”)
necessary for the construction of McKinley Street, as depicted in Exhibit B.
B. Developer shall be responsible for any and all costs and expenses
associated with acquiring, by purchase or condemnation, all Third Party Roadway Project
Rights-of-Way, including, but not limited to, title work, appraisals, expert fees, attorneys ’
fees and expenses, engineering fees and expenses, surveying fees and expenses, court
costs, commissioner’s fees and costs of appeal, if any (“Right-of-W ay Acquisition Fees”).
If requested by the Town, Developer shall, at its sole cost and expense, lead all right-of-
way acquisition efforts for the Third Party Roadway Project Rights-of-W ay, including, but
not limited to, providing all necessary engineering and surveying support required to
obtain the Third Party Roadway Project Rights-of-W ay as required. Developer shall pay
any and all Right-of-Way Acquisition Fees within twenty-one (21) calendar days of
receiving a written request from the Town for the same.
C. The Town will, at Developer’s sole cost and expense, provide,
among any other assistance deemed reasonably necessary by the Town, technical,
engineering, legal and administrative assistance, as selected by the Town, to acquire, by
purchase or condemnation, the Third Party Roadway Project Rights-of-W ay. The Town
shall review and approve any and all documents associated with the Third Party Roadway
Project Rights-of-W ay required herein. If the Town determines, in its reasonable
discretion, that condemnation proceedings are necessary to secure the Third Party
Roadway Project Rights-of-W ay, the Town shall have the right to, at Developer’s sole
cost and expense, take any and all steps the Town deems necessary to initiate said
proceedings.
D. The Third Party Roadway Project Rights-of-W ay shall be filed and
recorded prior to the commencement of construction of McKinley Street or any portion
thereof, unless a Right of Entry is secured, a condemnation award is tendered with the
registry of the court and/or a right of possession by any other means is obtained on an
earlier date.
E. If the Third Party Roadway Project Rights-of-W ay are not obtained,
or Developer has not secured the right to possess, in a form reasonably acceptable to the
Town, the land made the subject of the Third Party Roadway Project Rights-of-Way,
within ninety (90) days after the execution hereof on terms acceptable to the Town, then
the Town shall commence, and thereafter diligently pursue to completion, condemnation
proceedings to obtain such Third Party Roadway Project Rights-of-W ay as soon as
reasonably possible. Notwithstanding anything to the contrary herein, the Town and
Developer agree that the Town may initiate condemnation proceedings prior to the
expiration of the ninety (90) days referred to in this Paragraph.
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Item 24.
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F. The Parties agree and acknowledge that certain expenses incurred
by Developer may be subject to roadway impact fee credits, pursuant to Article 10.02 of
Chapter 10 of the Town’s Code of Ordinances, as amended.
4. Assessed Values and Water/Wastewater Impact Fee Credits.
A. Developer covenants and agrees to construct, or cause to be
constructed, on the Property a multifamily residential structure with a combined square
footage of not less than __________ square feet (+/- 5,000 square feet) consisting of at
least Three Hundred (300) individual rental units, which shall have a minimum ad valorem
taxable value (including all land and improvements) of not less than $36 Million and
No/100 Dollars ($36,000,000.00) after the issuance of the certificate of occupancy for the
multifamily residential structure on the Property.
B. Developer covenants and agrees that for ten (10) years following the
issuance of the certificate of occupancy for the multifamily residential structure on the
Property, to maintain and keep, or cause to be maintained and kept, the multifamily
residential structure on the Property operating and open for business. For purposes of
this Agreement, the “Term” of this Agreement shall be ten (10) years from the first day of
operation of the multifamily residential structure.
C. Developer covenants and agrees that all ad valorem taxes for the
Property due to the Town shall be paid by January 31 of each tax year for the Property,
unless being protested in accordance with Texas law or unless circumstances require a
later delinquency date under the provisions of the Texas Tax Code.
D. For Developer to receive any water or wastewater impact fee credits,
as more fully described below, Developer covenants and agrees that it shall maintain an
ad valorem taxable value of at least $36,000,000.00 for the Property, and the failure to
do so shall be deemed a material breach of this Agreement.
E. The Town agrees to waive seventy-five percent (75%) of the water
and wastewater impact fees for the Project, as defined in and adopted by the Town
pursuant to Chapter 395 of the Texas Local Government Code, as amen ded and
therefore, Developer shall be responsible for payment of twenty-five percent (25%) of the
water and wastewater impact fees for the Project, payable to the Town upon issuance of
a building permit.
F. It is a material term of this Agreement, and the Parties intend, that (i) the
Property shall be used for multifamily residential purposes; (ii) such use shall be
maintained for at least ten (10) years from the first day of o ccupancy; and (iii) there shall
be no change in use during said ten (10) year period. If any of the foregoing conditions
(i) – (iii) are not met, then, pursuant to the terms of Section (H) below, all outstanding
prorated impact fees that are subject to waiver shall be due and owing the Town, and if
not paid within thirty (30) days of demand, the Town may file a lien for same, with statutory
interest, in the Collin County real property records. Moreover, if a building permit for the
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Item 24.
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multifamily residential structure is not issued by the Town for the Project on or before
December 31, 2021, then Developer shall be in default and all obligations of the Town as
referenced in this Agreement shall immediately cease.
G. The combined water and wastewater impact fees for the Project total
approximately Two Hundred Sixty-Nine Thousand and Seven Hundred Dollars
($269,700.00). The Town and Developer agree and acknowledge that said amount is an
estimate of the actual combined water and wastewater impact fees that will be charged,
and that the amount so charged by the Town shall be determined upon the issuance of a
building permit by the Town, and said actual amount charged to Developer shall be
deemed part of this Agreement and shall be waived pursuant to the terms hereof.
H. Upon payment by Developer at the time of issuance of a building
permit for the Project in the amount of twenty-five percent (25%) of the water and
wastewater impact fees for the Project (estimated to be $67,425.00), the Town will
provide prorated impact fee credits each year (in the amount of ten percent (10%) credit
per year) of the remaining unpaid combined water and wastewater impact fees provided
that the performance measures referenced herein are met, and failure to meet them will
result in a forfeiture of all waived water and wastewater impact fees thereafter. For
purposes of clarification, and by way of example, if in 2022 and 2023 Developer meets
ad valorem valuation requirements and fails to meet such requirements in 20 24, then in
such event, ten percent (10%) of the impact fees credited pursuant to this Agreement
shall be waived for 2022 and ten percent (10%) shall be waived for 2023; however, due
to a default in 2024, the full amount of remaining impact fees (80% of the amount waived,
which is 80% of $202,275.00, or $161,820.00) shall be due and owing the Town.
5. Credit of Park Dedication Fees.
A. Pursuant to the provisions of the Town’s Neighborhood
Empowerment Zone #1, the Town hereby consents to a credit of any park dedication fees
for the Project, subject to Section (E) below. In doing so, the Town specifically finds that
the Project will greatly promote and enhance economic development in Downtown
Prosper and finds that such economic development will significantly inure to the benefit
of the Town and its residents.
B. If a building permit for the multifamily residential structure is not
issued by the Town for the Project on or before December 31, 2021, then Developer shall
be in default and all obligations of the Town as referenced in this Agreement shall
immediately cease.
C. For Developer to receive any park dedication fee credits, as more
fully described below, Developer covenants and agrees that it shall maintain an ad
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Item 24.
7
valorem taxable value of at least $36,000,000.00 for the Property, and the failure to do
so shall be deemed a material breach of this Agreement.
D. The estimated park dedication fee for the Project is Two Million Two
Hundred Thirty Thousand and Six Hundred Dollars ($2,230,600.00). The Town and
Developer agree and acknowledge that said amount is an estimate of the actual park
dedication fee and that the amount so charged by the Town shall be determined upon the
issuance of a building permit by the Town, and said actual amount charged to Developer
shall be deemed part of this Agreement and shall be waived pursuant to the terms hereof.
E. After the issuance of a certificate of occupancy for the multifamily
residential structure, the Town will provide prorated park dedication fee credits each year
(in the amount of ten percent (10%) credit per year) of the park dedication fee provided
that the performance measures referenced in this Agreement are met, and failure to meet
them will result in a forfeiture of any waived park dedication fee thereafter. For purposes
of clarification, and by way of example, if in 2022 and 2023 Developer meets ad valorem
valuation requirements and fails to meet such requirements in 2024, then in such event ,
ten percent (10%) of the park dedication fee credited pursuant to this Agreement shall be
waived for 2022 and ten percent (10%) shall be waived for 2023; however, due to a default
in 2024, the full amount of remaining credited park dedication fee (80% of the total park
dedication fee amount waived, which amount is $1,784,480.00) shall be due and owing
the Town.
6. Undergrounding of Oncor Electric Lines on the Property. The Parties
acknowledge and agree that certain Oncor electric lines currently traverse, or will
traverse, the Property. Developer agrees that all such electric lines shall be placed
underground at no cost to the Town and further, no overhead electric lines shall be
permitted on the Property unless otherwise specifically authorized by the Town. The
Parties agree and acknowledge, however, electric lines may be placed overhead in the
right-of-way along the east side of the Property, as reflected in attache d Exhibit E,
attached hereto and incorporated by reference. No building permit for any structure on
the Property shall be issued until Developer has submitted to the Town a site plan and
final plat, and the Town has approved such site plan and final plat, reflecting all electric
lines placed underground except to the extent noted herein.
7. Drainage of the Property. The Parties agree and acknowledge there is a
Downtown Drainage Study that currently depicts a detention pond on the Property,
Although detailed drainage plans have not yet been finalized by the Parties, the Town
agrees to relocate the detention requirements west of the railroad tracks, the right-of-way
of which railroad tracks are adjacent to the west side of the Property, ultimately dra ining
onto the Town’s current Public Works Facility site. Developer shall design and construct
at its cost all drainage facilities associated with the Property, including design and
construction of any culverts or pipes to be located under the existing BNSF railroad tracks
to allow 1,037 cfs of drainage to be conveyed to the west. The Town agrees that it shall
design and construct at its cost the drainage basin as well as any channel improvements
west of the BNSF railroad tracks’ right-of-way. Further, the Town agrees that it shall work
Page 269
Item 24.
8
cooperatively with Developer for Developer to obtain any necessary approvals from BNSF
Railway Company for the drainage culverts or pipes to be located under the existing
BNSF railroad tracks. This cooperative work shall include sharing of engineering designs
for said drainage culverts or pipes, all drainage improvements, all channel improvements
and any detention pond and related facilities.
8. Building Materials and Architectural Standards. Following the
execution of this Agreement by the Parties, for any structure built on the Property,
Developer shall comply with the applicable building construction materials and
architectural standards contained in the elevations reflected in Exhibit D, attached hereto
and incorporated by reference. The Parties specifically agree and acknowledge that the
provisions of this Paragraph shall apply to any structure constructed subsequent to the
execution of this Agreement. Nothing in this Agreement shall be deemed to modify or
otherwise amend any zoning regulation duly adopted by the Town, previously or in the
future.
9. Fencing Along Railroad Right-of-Way. The site plan shall identify the
type and height of fencing, approved by Town staff, along all BNSF Railway Company
right-of-way adjoining the Property along its western perimeter. Prior to the issuance by
the Town of a certificate of occupancy or building final for the multifamily residential
structure on the Property, Developer agrees that it shall install Town -approved fencing
along all BNSF Railway Company right-of-way adjoining the Property along its western
perimeter.
10. Notification of Sale or Transfer; Assignment of Agreement. Developer
shall notify the Town in writing of any sale or transfer of all or any portion of the Property,
within ten (10) business days of such sale or transfer. Developer has the right (from time
to time without the consent of the Town, but upon written notice to the T own) to assign
this Agreement, in whole or in part, and including any obligation, right, title, or interest of
Developer under this Agreement, to any person or entity (an “Assignee”) that is or will
become an owner of any portion of the Property or that is an entity that is controlled by or
under common control with Developer. Each assignment shall be in writing executed by
Developer and the Assignee and shall obligate the Assignee to be bound by this
Agreement. A copy of each assignment shall be provid ed to the Town within ten (10)
business days after execution. Provided that the successor Assignee assumes the
liabilities, responsibilities, and obligations of the Developer under this Agreement, the
assigning party will be released from any rights and o bligations under this Agreement as
to the Property that is the subject of such assignment, effective upon receipt of the
assignment by the Town. No assignment by Developer shall release Developer from any
liability that resulted from an act or omission by Developer that occurred prior to the
effective date of the assignment. Developer shall maintain true and correct copies of all
assignments made by Developer to Assignees, including a copy of each executed
assignment and the Assignee’s Notice information. Further, this Agreement shall be filed
in the real property records of Collin County, Texas.
Page 270
Item 24.
9
11. Default. If Developer fails to comply with any provision of this Agreement
after receiving fifteen (15) days’ written notice to comply from the Town or such longer
period as may be reasonably necessary provided that Developer commences to cure the
default or breach within the 15-day period and proceeds with reasonable diligence
thereafter to complete such cure, then so long as such default continu es and is not cured,
the Town shall have the following remedies, in addition to the Town’s other rights and
remedies:
(a) to refuse to accept any public improvements as to the applicable
portion of the Project to which the default relates; and/or
(b) to construct and/or complete McKinley Street or other Project public
improvement and to recover any and all costs and expenses associated with the
construction and/or completion of same, including, but not limited to, any and all
reasonable attorney’s fees and costs associated therewith; and/or
(c) to seek specific enforcement of this Agreement; and/or
(d) declare Developer in default of this Agreement and pursue any
remedy authorized by law; and/or
(e) For any amount of fees waived in whole or in part by the Town
pursuant to this Agreement (for example, park dedication fees, water impact fees
and/or sewer impact fees), the Town may file a lien on the Property for same, with
statutory interest, in the Collin County real property records
In the event Town fails to comply with the terms and conditions of this Agreement,
Developer may seek specific enforcement of this Agreement and/or bring suit to recover
any amounts due and owing hereunder (but not consequential or punitive dam ages) as
its sole and exclusive remedies.
12. Other Applicable Development Ordinances. Unless otherwise expressly
stipulated in this Agreement, nothing herein shall relieve Developer from responsibilities
for the construction of other public improvements under appl icable development
ordinances of the Town.
13. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Venue for any action arising under this
Agreement shall lie in Collin County, Texas.
14. Notices. Any notices required or permitted to be given hereunder shall be
given by certified or registered mail, return receipt requested, to the addresses set forth
below or to such other single address as either party hereto shall notify the other:
Page 271
Item 24.
10
If to the Town: The Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Attn: Town Manager’s Office
If to Developer: BBG Investments, Inc.
P.O. Box 120
Prosper, Texas 75078
Attn: Trevor Wood
15. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
16. Sovereign Immunity. The parties agree that Town has not wa ived its
sovereign immunity by entering into and performing its obligations under this Agreement;
however, for purposes of enforcement of this Agreement, Town agrees that it has waived
its sovereign immunity, and to that extent only.
17. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the effective date; (b) form the basis upon which the parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council ; and (d)
reflect the final intent of the parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the parties, as evidenced by the recitals, shall be taken into consideration and, t o the
maximum extent possible, given full effect. The parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
18. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original if properly executed.
20. Entire Agreement. This Agreement contains the entire agreement
between the parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Agreement shall be construed
as a whole and not strictly for or against any party.
21. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
Page 272
Item 24.
11
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or unenforceable,
the Agreement shall, to the extent reasonably possible, remain in force as to the balance
of its provisions as if such invalid provision were not a part hereof.
22. Authority to Execute. The Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. This Agreement is
and shall be binding upon Developer, its successors, heirs, assigns, grantees, vendors,
trustees, representatives, and all others holding any interest now or in the future.
23. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to mediation.
24. Indemnification. From the Effective Date of this Agreement to the date on
which all work with respect to the construction of McKinley Street and all public
improvements, as contemplated herein, have been accepted by the Town, Developer,
individually and on behalf of its respective officers, directors, partners, employees,
representatives, agents, successors, assignees, vendors, grantees and/or trustees, does
hereby agree to release, defend, indemnify and hold harmless the Town and its elected
and appointed officials, officers, employees and agents f rom and against all damages,
injuries (including death), claims, property damages (including loss of use) losses,
demands, suits, judgments and costs, including reasonable attorney’s fees and expenses
(including attorney’s fees and expenses incurred in enforcing this indemnity), caused by
the negligent, grossly negligent, and/or intentional act and/or omission of the applicable
developer, its officers, directors, partners, employees, representatives, agents, or any
other third parties for whom such develope r is legally responsible, in its/their performance
of this Agreement, including but not limited to, the construction of McKinley Street
contemplated herein (hereinafter “claims”). Developer is expressly required to defend the
Town against all such claims arising under this Agreement, and the Town is required to
reasonably cooperate and assist Developer in providing such defense.
25. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation
hereunder to defend and indemnify the Town. The Town reserves the right to provide a
portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation
to do so. Any such action by the Town is not to be construed as a waiver of Developer’s
obligation to defend the Town or as a waiver of Developer’s obligation to indemnify the
Town pursuant to this Agreement. Developer shall retain Town-approved defense
counsel within seven (7) business days of the Town’s written notice that the Town is
invoking its right to indemnification under this Agreement.
26. Survival. Paragraph 24, “Indemnification,” shall survive the termination of
this Agreement.
Page 273
Item 24.
12
27. Waiver of Texas Government Code § 3000.001 et seq. With respect to
any and all Structures to be constructed on the Property pursuant to this Agreement,
Developer hereby waives any right, requirement or enforcement of Texas Government
Code §§ 3000.001-3000.005, as amended.
28. Time. Time is of the essence in the performance by the Parties of their
respective obligations under this Agreement.
29. Third Party Beneficiaries. Nothing in this Agreement shall be construed
to create any right in any third party not a signatory to this Agreement, and the Parties do
not intend to create any third-party beneficiaries by entering into this Agreement.
30. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is roughly proportional
to the need for such land and Developer hereby waives any claim therefor that it may
have. Developer further acknowledges and agrees that all prerequisites to such a
determination of rough proportionality have been met, and that any costs incurred relative
to said donation are related both in nature and extent to the impact of the development
referenced herein. Both Developer and the Town further agree to waive and release all
claims one may have against the other related to any and all rough proportionality and
individual determination requirements m andated by the United States Supreme Court in
Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other
requirements of a nexus between development conditions and the provision of roadway
services to the Property.
31. Exactions/Infrastructure Costs. Developer has been represented by
legal counsel in the negotiation of this Agreement and been advised or has had the
opportunity to have legal counsel review this Agreement and advise Developer, regarding
Developer’s rights under Texas and federal law. Developer hereby waives any
requirement that the Town retain a professional engineer, licensed pursuant to Chapter
1001 of the Texas Occupations Code, to review and determine that the exactions required
by the Town are roughly proportional or roughly proportionate to the proposed
development’s anticipated impact. Developer specifically reserves its right to appeal the
apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas
Local Government Code; however, notwithstanding the foregoing, Developer hereby
releases the Town from any and all liability under § 212.904 of the Texas Local
Government Code, as amended, regarding or related to the cost of those municipal
infrastructure requirements imposed by this Agreement.
32. Miscellaneous Drafting Provisions; Interpretation. This Agreement
shall be deemed drafted equally by all Parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning, and any
presumption or principle that the language herein is to be construed a gainst any Party
shall not apply. Moreover, in the event of any conflict between any term or provision
Page 274
Item 24.
13
contained in this Agreement and any applicable Town ordinances related to non -zoning
development standards for the Project, the terms or provisions of this Agreement shall
apply.
33. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 275
Item 24.
14
THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Harlan Jefferson
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of November, 2020,
by Harlan Jefferson, Town Manager for the Town of Prosper, Texas, on behalf of the
Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
Page 276
Item 24.
15
BBG INVESTMENTS, INC., a Texas
corporation
By: ________________________________
Trevor Wood
Title: __________________
STATE OF TEXAS )
)
COUNTY OF COLLIN )
Before me, the undersigned authority, a notary public in and for the State of Texas,
on this day personally appeared Trevor Wood, the ________________ of BBG
Investments, Inc., a Texas corporation, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purpose and consideration expressed, and in the capacity therein stated , on
behalf of such entity.
Given under my hand and seal of office this ___ day of November, 2020.
_____________________________________
Notary public in and for the State of Texas
My commission expires: _________________
Page 277
Item 24.
16
EXHIBIT A
(Property Legal Description)
Page 278
Item 24.
17
EXHIBIT B
(McKinley Street Improvements to be Constructed by Developer)
Page 279
Item 24.
18
EXHIBIT C
(Anticipated McKinley Street Cost Projections and Anticipated Impact Fees)
Page 280
Item 24.
19
EXHIBIT D
(Building Elevations, Building Construction Materials and
Architectural Standards)
Page 281
Item 24.
20
EXHIBIT E
(Overhead Electric Line Location)
Page 282
Item 24.
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY 1/2" IRFCIRSCIRSCIRS3/4" IPF1/2" IRF1/2" IRFNON-SHADEDZONE XNON-SHADEDZONE XNON-SHADEDZONE X15.31 ACRES260126022603260426052606260726082609261326122611261026142614261926182616261726202621262326222624262626252627ZONE AEZONE AEZONE AEZONE AE40' X 60'1 STORYMETALBUILDINGFF=655.13MANUFACTUREDHOMEMANUFACTUREDHOME10' UTILITY EASEMENTVOL. 2017, PG. 81R.P.R.C.C.T.EASEMENT TOWN OF PROSPERVOL. 1066, PG. 28R.P.R.C.C.T.50' TP & L EASEMENTVOL. 569, PG. 238R.P.R.C.C.T.PEBBLE TRUSTCCF#2005-0122157P.R.C.C.T.POB66
0
65
2
651652653654655655656
655655
659
659
655
658
657
656
655
654
652 653
652
651
651
650651651652652651
651650
651651 650649
658657654
65
6
659658656656657658659660660661
660
65965965
9
659
65
9
659659
65965
9 659658659658658658 65765665
5 6556546
5
3 6526536546556
5
5
657656656657658658
6596596606
5
5 648647
651
65
0
6
5
2
653
652
654652649
654
654
655
653
650
649
654657652
655
6
5
5
655657656657656658659
66066
0660658 NON-SHADEDZONE XZONE AENON-SHADEDZONE XZONE AE1/2" CIRF"GEER 4117"1/2" IRFIN 3/4 IPFLUIS MARTIN TORRES
LOT 1E, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
P&R REAL ESTATE
LOT 1D, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
P&R REAL ESTATE
LOT 1C, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
ANGELA STEINHILBER
LOT 4B, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
LOT 4A, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
MARIO ZARATE
LOT 5,
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
GOODWILL INDUSTRIES OF NORTH TEXAS, INC.
CCF#20080102000008100
O.P.R.C.C.T.
FIRST TRACT
PROSPER CO-OP GIN ASSOCIATION
VOL. 921, PG. 431
R.P.R.C.C.T.
SECOND TRACT
PROSPER CO-OP GIN ASSOCIATION
VOL. 921, PG. 431
R.P.R.C.C.T.SECOND TRACTPROSPER CO-OP GIN ASSOCIATIONVOL. 372, PG. 109R.P.R.C.C.T.PROSPER CO-OP GIN ASSOCIATION
VOL. 516 PG. 57
R.P.R.C.C.T.
PROSPER CO-OP GIN
ASSOCIATION
VOL. 473 PG. 484
R.P.R.C.C.T.
BLOCK 26,
R R ADDITION
VOL. 834, PG. 166
P.R.C.C.T.
FIRST TRACT
PROSPER CO-OP GIN ASSOCIATION
VOL. 372, PG. 109
R.P.R.C.C.T.
JOE B GALLEGOS
LOT 1A, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
JAMES ROWLAND
ABS A0147 C.C.S.L. #12
SHEET 2, TRACT 64.
CALLED 5.2956 AC
KECK CAPTITAL LLC
LOT 1D, BLOCK 27
RAILROAD ADDITION
SPINHART CORP
LOT 1G, BLOCK 27
RAILROAD ADDITION
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 1, 2, 3, & 4. BLOCK 1
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 5, 6. BLOCK 1
ADLC PROPERTIES LLC
SILO PARK ADDITION
LOT 1R, BLOCK A
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTR
PD-96
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: OFFICE EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: C
LAND USE: COMMERCIAL
DAIRY MANUFACTURERS, INC.
VOL. 3510, PAGE 179
O.P.R.C.C.T.ALLEYVOL. 833, PG. 163ALLEYVOL. 833, PG. 163EXISTING ZONING: DTR
PD-84
LAND USE: FOOD COURT
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
PROP ZONING: PD- MF
EXISTING ZONING: DTC
PROP ZONING: PD- MF
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
ZONING CHANGE
BOUNDARY
ZONING CHANGE
BOUNDARY
100 YEAR FLOOD
PLAIN
100 YEAR
FLOOD PLAIN
RAIL ROAD
LINE
RAIL ROAD
ROW
60'
R.O.W.6TH STREET30' R.O.W.VOL. 833, PG. 163OLAY STREET40' R.O.W.VOL. 833, PG. 1637TH STREET30' R.O.W.VOL. 833, PG. 163ROAD (UNKNOWN NAME)
30' R.O.W.
VOL. 833, PG. 163FIFTH STREETEX. 26' WIDTHMCKINL
E
Y
S
T
EX. 24'
W
I
D
T
H
DATENo.REVISIONBYDATE:
SHEET
File No. 2018-013
04/23/2020
CHECKED:MAM
DRAWN:ASD
DESIGN:ASDPROSPER LOFTSFIFTH STPROSPER, TXTEXAS REGISTRATION #14199
0
GRAPHIC SCALE
1 inch = ft.
80 80 160
80
40
EXHIBIT AEX-A 1903 CENTRAL DR. SUITE #1PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTY SURVEY:ABSTRACT NO.
COLLIN C.C.S.L. #12 A0147
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT/REPRESENTATIVE:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PH: 817.201.6982
SURVEYOR:
EAGLE SURVEYING
210 S. ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
BBG INVESTMENTS INC FLA TLS INVESTMENTS INC
P.O. BOX 129
PROSPER, TX 75078
PH: 214.325.0615
CONTACT NAME: MATT MOORE
CONTACT NAME: DAN RICK
SITE
N
VICINITY MAP & EXISTING ZONING MAP
N.T.S.
PROSPER LOFTS
EXISTING ZONING: DOWNTOWN COMM. (DTC)
PROPOSED ZONING: PD- MULTIFAMILY (MF)
FLOODPLAIN NOTE
CONTACT NAME: TREVOR WOOD
This property is located in "Non-shaded Zone X" & "Zone AE" as scaled from the
F.E.M.A. Flood Insurance Rate Map as shown by the Letter of Map Revision (LOMR)
dated January 18, 2018 and is located in Community Number 480141 as shown on
Map Number 48085C0235J. The location of the Flood Zone is approximate, no vertical
datum was collected at the time of the survey. For the exact Flood Zone designation,
please contact 1-(877) FEMA MAP.
NOTES:
1. THE THOROUGHFARE ALIGNMENT SHOWN ON THIS EXHIBIT IS FOR
ILLUSTRATION PURPOSES ONLY AND DOES NOT SET THE ALIGNMENT.
THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT.
2. PROPERTY WITHIN FEMA 100-YEAR FLOODPLAIN AREAS TO BE
REMEDIATED BY DRAINAGE STUDY BY CARDINAL STRATEGIES.
PRELIMINARY
CLAYMOORE ENGINEERING
DOC NO. 2005-0122157 O.P.R.C.C.T.
15.31 ACRES
SITE DATA SUMMARY WEST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.297 ACRES
RESIDENTIAL
DENSITY 34.4 UNITS PER ACRE (148 UNITS)
UNIT BREAKDOWN 88 1-BEDROOM, 60 2-BEDROOM
MAX BUILDING
HEIGHT 4 STORIES- 54'-4"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USUABLE OPEN
SPACE 13.1%
PARKING SPACES 200 SURFACE SPACES, 33 GARAGE SPACES
SITE DATA SUMMARY EAST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.590 ACRES
RESIDENTIAL
DENSITY 32.2 UNITS PER ACRE (148 UNITS)
UNIT BREAKDOWN 88 1-BEDROOM, 60 2-BEDROOM
MAX BUILDING
HEIGHT 4 STORIES- 54'-4"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USUABLE OPEN
SPACE 18.6%
PARKING SPACES 187 SURFACE SPACES, 33 GARAGE SPACES
Page 283
Item 24.
NON-SHADEDZONE XNON-SHADEDZONE XNON-SHADEDZONE XZONE AEZONE AEZONE AEZONE AE40' X 60'1 STORYMETALBUILDINGFF=655.13MANUFACTUREDHOMEMANUFACTUREDHOME66
0
65
2
651652653654655655656
655655
659
659
655
658
657
656
655
654
652 653
652
651
651
650651651652652651
651650
651651 650649
658657654
65
6
659658656656657658659660660661
660
6
5
9
6596
5
9
659
65
9
659659
65965
9 659658659658658658 65765665
5 6556546
5
3 6526536546556
5
5
657656656657658658
6596596606
5
5 648647
651
65
0
6
5
2
653
652
654652649
654
654
655
653
650
649
654657652
655
6
5
5
655657656657656658659
66066
0660658 NON-SHADEDZONE XZONE AENON-SHADEDZONE XZONE AEPROP.
DETENTION
POND
(EAST)
PROP.
DETENTION
POND
(WEST)POOLCOURTDAIRY MANUFACTURERS, INC.
VOL. 3510, PAGE 179
O.P.R.C.C.T.
KECK CAPTITAL LLC
LOT 1D, BLOCK 27
RAILROAD ADDITION
SPINHART CORP
LOT 1G, BLOCK 27
RAILROAD ADDITION
ADLC PROPERTIES LLC
SILO PARK ADDITION
LOT 1R, BLOCK A
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 1, 2, 3, & 4. BLOCK 1
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 5, 6. BLOCK 1
P&R REAL ESTATE
LOT 1D, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
LUIS MARTIN TORRES
LOT 1E, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
P&R REAL ESTATE
LOT 1C, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
JOE B GALLEGOS
LOT 1A, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
ANGELA STEINHILBER
LOT 4B, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
LOT 4A, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
MARIO ZARATE
LOT 5,
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
GOODWILL INDUSTRIES OF NORTH TEXAS, INC.
CCF#20080102000008100
O.P.R.C.C.T.
JAMES ROWLAND
ABS A0147 C.C.S.L. #12
SHEET 2, TRACT 64.
CALLED 5.2956 AC
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTR
PD-96
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: C
LAND USE: COMMERCIAL
ALLEYALLEYEXISTING ZONING: DTR
PD-84
LAND USE: FOOD COURT
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
FOR REFERENCE ONLY
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
FOR REFERENCE ONLY
ZONING CHANGE
BOUNDARY
ZONING CHANGE
BOUNDARY
100 YEAR FLOOD
PLAIN
100 YEAR
FLOOD PLAIN
RAIL ROAD
LINE
EX. TP&L ESMT
ROW
ROAD (UNKNOWN NAME)
30' R.O.W.
VOL. 833, PG. 163
SEVENTH STREET30' R.O.W.OLAY STREET40' R.O.W.FIFTH STREETEX. 26' WIDTHSIXTH STREET30' R.O.W.MCKINL
E
Y
S
T
EX. 24'
W
I
D
T
H
MCKINLEY ST
(PROPOSED)352'± TO NEXT DRIVE60'60'60'26'26'26'R300'EX. SSWR
MANHOLE
EX. DRAINAGE
CULVERTPROP. R.O.W DEDICATION
15' BUILDING SETBACK
15' BUILDING
SETBACK
6.87' R
O
W
D
E
D
I
C
A
T
I
O
N
6.59' R
O
W
D
E
D
I
C
A
T
I
O
N
60'
R.O.W.
53.42' P
R
O
P
.
R
.
O
.
W
.
DUMPSTER
ENCLOSURE
PL
PL
PL
PL PL
PL
53.13' P
R
O
P
.
R
O
W
R300'5.87' RO
W
D
E
D
I
C
A
T
I
O
N
DATENo.REVISIONBYDATE:
SHEET
File No. 2018-013
11/19/2020
CHECKED:MAM
DRAWN:ASD
DESIGN:ASD
TEXAS REGISTRATION #14199
0
GRAPHIC SCALE
1 inch = ft.
80 80 160
80
40
McKINLEY STREET EXHIBITEX-B 1903 CENTRAL DR. SUITE #1PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTY SURVEY:ABSTRACT NO.
COLLIN C.C.S.L. #12 A0147
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT/REPRESENTATIVE:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PH: 817.201.6982
SURVEYOR:
EAGLE SURVEYING
210 S. ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
BBG INVESTMENTS INC FLA TLS INVESTMENTS INC
P.O. BOX 129
PROSPER, TX 75078
PH: 214.325.0615
CONTACT NAME: MATT MOORE
CONTACT NAME: DAN RICK
DOC NO. 2005-0122157 O.P.R.C.C.T.
15.31 ACRES
SITE
N
VICINITY MAP & EXISTING ZONING MAP
N.T.S.
PROSPER LOFTS
EXISTING ZONING: DOWNTOWN COMM. (DTC)
PROPOSED ZONING: PD- MULTIFAMILY (MF)
FLOODPLAIN NOTE
CONTACT NAME: TREVOR WOOD
LEGEND
IMPACT FEE REIMBURSABLE
DIRECT REIMBURSEMENT FROM TOWN
GOODWILL SECTION, EITHER EXISTING OR
TOWN TO REIMBURSE
PROPERTY LINE
This property is located in "Non-shaded Zone X" & "Zone AE" as scaled from the
F.E.M.A. Flood Insurance Rate Map as shown by the Letter of Map Revision (LOMR)
dated January 18, 2018 and is located in Community Number 480141 as shown on
Map Number 48085C0235J. The location of the Flood Zone is approximate, no vertical
datum was collected at the time of the survey. For the exact Flood Zone designation,
please contact 1-(877) FEMA MAP.
NOTES:
1. THE THOROUGHFARE ALIGNMENT SHOWN ON THIS EXHIBIT IS FOR
ILLUSTRATION PURPOSES ONLY AND DOES NOT SET THE ALIGNMENT.
THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT.
2. PROPERTY WITHIN FEMA 100-YEAR FLOODPLAIN AREAS TO BE
REMEDIATED BY DRAINAGE STUDY BY CARDINAL STRATEGIES.
3. THE PROPOSED R.O.W. DEDICATION ALONG FIFTH STREET IS SHOWN
FOR ILLUSTRATION PURPOSES ONLY. EXACT DEDICATION WILL TAKE
PLACE AT THE TIME OF SITE PLAN.
SITE DATA SUMMARY WEST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.28 ACRES
RESIDENTIAL
DENSITY 35.75 UNITS PER ACRE (153 UNITS)
UNIT BREAKDOWN 77 1-BED, 66 2-BED, 10 3-BED
MAX BUILDING
HEIGHT 4 STORIES- 50' 11"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USABLE OPEN
SPACE 13.1%
PARKING SPACES 213 SURFACE, 29 GARAGE
PARKING RATIO 1.01 PARKS PER BED
SITE DATA SUMMARY EAST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.58 ACRES
RESIDENTIAL
DENSITY 32.1 UNITS PER ACRE (147 UNITS)
UNIT BREAKDOWN 74 1-BED, 63 2-BED, 10- 3 BED
MAX BUILDING
HEIGHT 4 STORIES- 50' 11"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USABLE OPEN
SPACE 18.6%
PARKING SPACES 212 SURFACE, 20 GARAGE
PARKING RATIO 1.00 PARKS PER BED
PRELIMINARY
CLAYMOORE ENGINEERING
PROSPER LOFTSFIFTH STPROSPER, TXPage 284
Item 24.
Exhibit C
Downtown Multi-family
McKinley Road
Estimated Roadway costs:
• Developer estimate for McKinley from 5th St to NE property line - $1,200,000
• Developer estimate for McKinley on Goodwill property - $220,500 to $373,500, cost
variation due to whether or not Goodwill site has been developed.
Estimated Roadway Impact Fees:
• Development generates (East Area) $1,066,800 roadway impact fees ($3,556/unit)
Park Improvement Fee – 300 units at $2,000/unit = $600,000
Water & wastewater impact fees
• Water & Wastewater (based on estimated meter sizes for 4 buildings and landscaping) -
$269,700
Page 285
Item 24.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:08:00 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.10PROSPER APARTMENTSBUILDING IPERSPECTIVES,5)3;&PROSPER, TEXAS&%$LIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-28366&$/( 2BUILDING TYPE I - ENLARGED CORNER PERSPECTIVE6&$/( 3BUILDING TYPE I - LEFT CORNER PERSPECTIVE6&$/( 1BUILDING TYPE I - CORNER PERSPECTIVEΔDateEXHIBIT DPage 286Item 24.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:08:31 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.11PROSPER APARTMENTSBUILDING IFRONT AND LEFTELEVATIONS WITHSHADOWS,5)3;&PROSPER, TEXAS&%$LIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-28366&$/(
1BUILDING TYPE I - FRONT ELEVATION6&$/(
2BUILDING TYPE I - LEFT ELEVATIONΔDateEXHIBIT DPage 287Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.12/2A2.1255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.1255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET78182167987943770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.33' - 5 5/8"T.O. PLWD.42' - 6 3/4"ROOF TRUSS BRG./2A2.1255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET18782619874777MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789UNITCORRIDORUNIT124TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:08:50 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.12PROSPER APARTMENTS4310BUILDING TYPE IFRONTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL FRONT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - FRONT ASCALE:1/8" = 1'-0" 3BUILDING TYPE I - FRONT BNKEY PLANBUILDING TYPE I - FRONT ELEVATION MATERIAL CALCULATIONSCALE:1/8" = 1'-0" 4ROOF EQUIPMENT SIGHTLINE SECTIONSURFACE AREA 7,926SF GLAZING 1,938 SFNET AREA 5,988SFBRICK 5,136SF 85.8 %STONE VENEER 852SF14.2 %TOTAL MATERIAL 5,988SF 100 %TOTAL MASONRY5,988SF100%ΔDateEXHIBIT DPage 288Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.13/2A2.1355' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.1355' - 0"T.O. PARAPET51' - 2"T.O. PARAPET182867984377770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.1355' - 0"T.O. PARAPET51' - 2"T.O. PARAPET7928187843177MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:09:15 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.13PROSPER APARTMENTS4310BUILDING TYPE ILEFT ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL LEFT ELEVATIONBUILDING TYPE I - LEFT ELEVATION MATERIAL CALCULATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - LEFT ELEVATION ASCALE:1/8" = 1'-0" 3BUILDING TYPE I - LEFT ELEVATION BNKEY PLANSURFACE AREA9,996SFGLAZING1,803SFNET AREA 8,193SFBRICK7,247 SF 88.5 %STONE VENEER 946SF 11.5 %TOTAL MATERIAL8,193SF100 %ΔDateTOTAL MASONRY8,193SF100 %EXHIBIT DPage 289Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET124360' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET6430' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET635141254MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:09:44 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.14PROSPER APARTMENTS4310BUILDING TYPE IREAR ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL REAR ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - REAR ASCALE:1/8" = 1'-0" 3BUILDING TYPE I - REAR BSCALE:1/8" = 1'-0" 4BUILDING TYPE I - REAR CBUILDING TYPE I - REAR ELEVATION MATERIAL CALCULATIONSURFACE AREA 8,481SFGLAZING 1,443SFNET AREA 7,038SFBRICK3,417 SF48.6 %STONE VENEER 314SF 4.5 %FIBER CEMENT LAP SIDING1,348SF19.2 %FIBER CEMENT PANEL1,223SF17.4 %CORRUGATED METAL 736SF10.5%TOTAL MATERIAL7,038SF100 %NKEY PLANΔDateTOTAL MASONRY3,731SF53.0 %EXHIBIT DPage 290Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1632440' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1236543535MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:10:11 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.15PROSPER APARTMENTS4310BUILDING TYPE IRIGHTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE I - OVERALL RIGHT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE I - RIGHT BSCALE:1/8" = 1'-0" 3BUILDING TYPE I - RIGHT AΔDateNKEY PLANBUILDING TYPE I - RIGHT ELEVATION MATERIAL CALCULATIONSURFACE AREA10,841SFGLAZING 1,715SFNET AREA 9,126SFBRICK3,997 SF43.8 %STONE VENEER 318SF 3.5 %FIBER CEMENT LAP SIDING2,102SF23.0 %FIBER CEMENT PANEL1,419SF15.5 %CORRUGATED METAL1,290SF14.1% TOTAL MATERIAL9,126SF100 %TOTAL MASONRY4,315SF47.3 %EXHIBIT DPage 291Item 24.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:10:37 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.21PROSPER APARTMENTS4310BUILDING IIFRONT AND RIGHTELEVATIONS WITHSHADOWSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:3/32" = 1'-0" 1BUILDING TYPE II - FRONT ELEVATIONSCALE:3/32" = 1'-0" 2BUILDING TYPE II - RIGHT ELEVATIONEXHIBIT DPage 292Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/3A2.22/2A2.220' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/3A2.22612878937770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/2A2.226781948217877MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:10:59 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.22PROSPER APARTMENTS4310BUILDING TYPE IIFRONTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL FRONT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE II - FRONT ASCALE:1/8" = 1'-0" 3BUILDING TYPE II - FRONT BNKEY PLANBUILDING TYPE I - FRONT ELEVATION MATERIAL CALCULATIONSURFACE AREA 7,388SFGLAZING 1,361SFNET AREA 6,027SFBRICK5,247SF 87.1 %STONE VENEER 780SF 12.9 %TOTAL MATERIAL6,027SF100 %TOTAL MASONRY6,027SF100 %EXHIBIT DPage 293Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET61234MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL1234567890' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET63415213OPENTEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:11:22 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.23PROSPER APARTMENTS4310BUILDING TYPE IILEFT ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL LEFT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE II - LEFT ANKEY PLANSCALE:1/8" = 1'-0" 3BUILDING TYPE II - LEFT BBUILDING TYPE II - LEFT ELEVATION MATERIAL CALCULATIONSURFACE AREA10,339SF GLAZING 1,148 SFNET AREA 9,191SFBRICK 3,963SF43.1 %STONE VENEER 321SF 3.5 %FIBER CEMENT LAP SIDING 2,177SF 23.7 % CEMENT PANEL 1,415SF 15.4 % CORRUGATED METAL 1,315SF 14.3 % TOTAL MATERIAL 9,191SF 100 %TOTAL MASONRY4,284SF46.6 %EXHIBIT DPage 294Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET640' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET612533410' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET16234MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:11:49 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.24PROSPER APARTMENTS4310BUILDING TYPE IIREAR ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL REAR ELEVATIONSCALE:1/8" = 1'-0" 3BUILDING TYPE II - REAR BSCALE:1/8" = 1'-0" 2BUILDING TYPE II - REAR ASCALE:1/8" = 1'-0" 4BUILDING TYPE II - REAR CNKEY PLANBUILDING TYPE II - REAR ELEVATION MATERIAL CALCULATIONSURFACE AREA 8,230SF GLAZING 1,092 SFNET AREA 7,138SFBRICK 3,198SF 44.8 %STONE VENEER 294SF4.1 %FIBER CEMENT LAP SIDING 1,566SF 21.9 %CEMENT PANEL 1,125SF 15.8 % CORRUGATED METAL 955SF 13.4 % TOTAL MATERIAL 7,138SF 100 %TOTAL MASONRY3,492SF48.9 %EXHIBIT DPage 295Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/3A2.251728489771860' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/2A2.25914761382878778MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL1234567890' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET/2A2.25/3A2.25TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:12:16 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.25PROSPER APARTMENTS4310BUILDING TYPE IIRIGHTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/8" = 1'-0" 2BUILDING TYPE II - RIGHT ASCALE:1/8" = 1'-0" 3BUILDING TYPE II - RIGHT BNKEY PLANSCALE:1/16" = 1'-0" 1BUILDING TYPE II - OVERALL RIGHT ELEVATIONBUILDING TYPE II - RIGHT ELEVATION MATERIAL CALCULATIONSURFACE AREA 9,924SF GLAZING 1,602 SFNET AREA 8,322SFBRICK 7,411SF 89.1 %STONE VENEER 911SF 10.9 %TOTAL MATERIAL 8,322SF100 %TOTAL MASONRY8,322SF100 %EXHIBIT DPage 296Item 24.
TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:23:24 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.31PROSPER APARTMENTS4310BUILDING TYPE IIIELEVATIONSWITH SHADOWSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:3/32" = 1'-0" 2BUILDING TYPE III - SIDE ELEVATIONSCALE:3/32" = 1'-0" 3BUILDING TYPE III - REAR ELEVATIONSCALE:3/32" = 1'-0" 1BUILDING TYPE III - FRONT ELEVATIONEXHIBIT DPage 297Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.32/3A2.3255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.3255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1718769841770' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.3255' - 0"T.O. PARAPET51' - 2"T.O. PARAPET17771869847MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:05 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.32PROSPER APARTMENTS4310BUILDING TYPE IIIFRONTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE III - OVERALL FRONT ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE III - FRONT ASCALE:1/8" = 1'-0" 3BUILDING TYPE III - FRONT BNKEY PLANSURFACE AREA 9,906SFGLAZING 1,216SFNET AREA 8,690SFBRICK 8,171SF 94.0 %STONE VENEER 519SF 6.0 %TOTAL MATERIAL 8,690SF100 %ΔDateBUILDING TYPE III - FRONT ELEVATION MATERIAL CALCULATIONTOTAL MASONRY8,690SF100 %EXHIBIT DPage 298Item 24.
MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL1234567890' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG.55' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1436TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:22 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.33PROSPER APARTMENTS4310BUILDING TYPE IIILEFT AND RIGHTELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateNKEY PLANSCALE:1/8" = 1'-0" 1BUILDING TYPE III - LEFT/RIGHT ELEVATIONSURFACE AREA 3,333SF GLAZING 624 SFNET AREA 2,709SFBRICK 1,711SF 63.2 %FIBER CEMENT LAP SIDING 826SF 30.5 %CEMENT PANEL 172SF 6.3 % TOTAL MATERIAL 2,709SF 100 %BUILDING TYPE III - SIDE ELEVATION MATERIAL CALCULATIONTOTAL MASONRY1,711SF63.2%EXHIBIT DPage 299Item 24.
0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.34/3A2.3455' - 0"T.O. PARAPET51' - 2"T.O. PARAPET0' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./3A2.3455' - 0"T.O. PARAPET51' - 2"T.O. PARAPET1635450' - 0"T.O. SLAB11' - 9 7/8"T.O. PLWD.10' - 1 1/8"TRUSS BRG.22' - 7 3/4"T.O. PLWD.20' - 11"TRUSS BRG.33' - 5 5/8"T.O. PLWD.31' - 8 7/8"TRUSS BRG.42' - 6 3/4"ROOF TRUSS BRG./2A2.3455' - 0"T.O. PARAPET51' - 2"T.O. PARAPET165434MATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:37 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.34PROSPER APARTMENTS4310BUILDING TYPE IIIREAR ELEVATIONSIR, FP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836SCALE:1/16" = 1'-0" 1BUILDING TYPE III - OVERALL REAR ELEVATIONSCALE:1/8" = 1'-0" 2BUILDING TYPE III - REAR ASCALE:1/8" = 1'-0" 3BUILDING TYPE III - REAR BΔDateNKEY PLANSURFACE AREA10,566SF GLAZING 1,144 SFNET AREA 9,422SFBRICK 4,024SF 42.7 %FIBER CEMENT LAP SIDING 2,045 SF21.7 %CEMENT PANEL 1,236SF 13.1 % CORRUGATED METAL 2,117SF 22.5 % TOTAL MATERIAL 9,422SF 100 %BUILDING TYPE III - REAR ELEVATION MATERIAL CALCULATIONTOTAL MASONRY4,024SF42.7%EXHIBIT DPage 300Item 24.
8'-4"TOP OF WALL1'-6"TOP OF LANDING0'-0"TOP OF SLAB9'-1 1/8"TRUSS BRG6137'-0"HEAD HT7'-9"TOP OF WALL8'-4"TOP OF WALL9'-1 1/8"TRUSS BRG6130'-0"TOP OF SLAB1'-6"TOP OF LANDING8'-4"TOP OF WALL1'-6"TOP OF LANDING7'-9"TOP OF WALL0'-0"TOP OF SLAB6130'-0"TOP OF SLAB7'-9"TOP OF WALL8'-4"TOP OF WALL9'-1 1/8"TRUSS BRG6318'-0"HEAD HTMATERIALSB1 -BRICK MANUFACTURE: HENRY BRICKCOLOR: CEDAR CREEKS1 -LIMESTONE VENEER MANUFACTURE: EL DORADO STONECOLOR: SANDERLINGP1 -PAINT LAP SIDING MANUFACTURE: SHERWIN WILLIAMCOLOR: BRACING BLUEGENERAL NOTES:THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DIVISION.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENEDD BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONING ORDINANCE. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISABLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVAL BY THE TOWN OF PROSPER.P2 - PAINT FIBER CEMENT PANEL MANUFACTURE: SHERWIN WILLIAMCOLOR: EARL GREYP3 - CORRUGATED METAL PANELMANUFACTURE: BRIDGER STEELCOLOR: SILVER METALLICR1 -ROOF MANUFACTURE: IKOCOLOR: SLATE COOLB2 -BRICK MANUFACTURE: GLEN-GERYCOLOR: LIGHT GREYB3 -BRICK MANUFACTURE: GLEN-GERYCOLOR: STONE GREYS2 -STONE MANUFACTURE: EL DORADO STONECOLOR: SEASHELL123456789TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:13:59 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA2.41PROSPER APARTMENTS4310BUILDING TYPE IVELEVATIONSFP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1/4" = 1'-0" 1BUILDING TYPE IV - FRONT ELEVATION7RAS+ C20PAC72R/0AI17E1A1CESCALE:1/4" = 1'-0" 3BUILDING TYPE IV - REAR ELEVATION7RAS+ C20PAC72R/0AI17E1A1CESCALE:1/4" = 1'-0" 2BUILDING TYPE IV - LEFT ELEVATION7RAS+ C20PAC72R/0AI17E1A1CESCALE:1/4" = 1'-0" 4BUILDING TYPE IV - RIGHT ELEVATION7RAS+ C20PAC72R/0AI17E1A1CEFRONT ELEVATIONSURFACE AREA215 SF OPENINGS112 SF NET AREA103 SFBRICK 36 SF 35.0 %FIBER CEMENT LAP SIDING 67 SF 65.0 %TOTAL MATERIAL103 SF 100 %BUILDING TYPE IV - MATERIAL CALCULATIONNKEY PLANNOTE: PLAN ON THIS SHEET IS ROTATED COUNTERCLOCKWISE 1243LEFT ELEVATIONSURFACE AREA268 SF OPENINGS 0 SF NET AREA268 SFBRICK 57 SF 21.3 %FIBER CEMENT LAP SIDING211 SF 78.7 %TOTAL MATERIAL268 SF 100 %REAR ELEVATIONSURFACE AREA300 SF OPENINGS 0 SF NET AREA300 SFBRICK 39 SF 13.0 %FIBER CEMENT LAP SIDING261 SF 87.0 %TOTAL MATERIAL300 SF 100 %RIGHT ELEVATIONSURFACE AREA276 SF OPENINGS 24 SF NET AREA252 SFBRICK 28 SF 11.1 %FIBER CEMENT LAP SIDING224 SF 88.9 %TOTAL MATERIAL252 SF 100 %EXHIBIT DPage 301Item 24.
31' - 8 7/8"TRUSS BRG.WIN. HD. HGT.8' - 0"TEXAScharlan, brock & associates, inc. hereby reserves its common law copyright and other property rights in these plans, ideas, and designs. these ideas, designs, and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor arethey to be assigned to any third party, without first obtaining the express written permission from c.b.a., inc. written dimensions shall have precedence over scale dimensions.drawn by:date:job no:reviewed by:issue history:1770 fennell streetmaitland florida 32751-7208407 660 8900 f:407 875 9948www . cbaarchitects . comarchitects planners charlan brockassociates8/21/2020 10:14:04 AM BIM 360://4310 - Prosper/4310 - PROSPER TEXAS.rvtA5.00PROSPER APARTMENTS4310WINDOW DETAILFP, XCPROSPER, TEXAS08-21-2020CBALIV DEVELOPMENTPROSPER,TEXASMary Maudlin Moltzan, Licence # 24571Charlan Brock & Associates, AAC0007982204 LAKESHORE DRIVE, SUITE 450BIRMINGHAM, AL 35209PH. 205-484-2836ΔDateSCALE:1 1/2" = 1'-0" 1WINDOW SECTIONEXHIBIT DPage 302Item 24.
NON-SHADEDZONE XNON-SHADEDZONE XNON-SHADEDZONE XZONE AEZONE AEZONE AEZONE AE40' X 60'1 STORYMETALBUILDINGFF=655.13MANUFACTUREDHOMEMANUFACTUREDHOME66
0
652
651652653654655655656
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0660658 NON-SHADEDZONE XZONE AENON-SHADEDZONE XZONE AEPROP.
DETENTION
POND
(EAST)
PROP.
DETENTION
POND
(WEST)POOLCOURTDAIRY MANUFACTURERS, INC.
VOL. 3510, PAGE 179
O.P.R.C.C.T.
KECK CAPTITAL LLC
LOT 1D, BLOCK 27
RAILROAD ADDITION
SPINHART CORP
LOT 1G, BLOCK 27
RAILROAD ADDITION
ADLC PROPERTIES LLC
SILO PARK ADDITION
LOT 1R, BLOCK A
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 1, 2, 3, & 4. BLOCK 1
EVANGELINA SANMIGUEL
BRYANTS FIRST ADDITION
LOT 5, 6. BLOCK 1
P&R REAL ESTATE
LOT 1D, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
LUIS MARTIN TORRES
LOT 1E, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
P&R REAL ESTATE
LOT 1C, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
JOE B GALLEGOS
LOT 1A, BLOCK 1
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
ANGELA STEINHILBER
LOT 4B, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
LOT 4A, BLOCK 4
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
MARIO ZARATE
LOT 5,
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.GOODWILL INDUSTRIES OF NORTH TEXAS, INC.
CCF#20080102000008100
O.P.R.C.C.T.
JAMES ROWLAND
ABS A0147 C.C.S.L. #12
SHEET 2, TRACT 64.
CALLED 5.2956 AC
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: OFFICE
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTO
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: DTR
PD-96
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILY
EXISTING ZONING: C
LAND USE: COMMERCIAL
ALLEYALLEYEXISTING ZONING: DTR
PD-84
LAND USE: FOOD COURT
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
LAND USE: COMMERCIAL
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
FOR REFERENCE ONLY
EXISTING ZONING: DTC
EX LAND USE: VACANT
PROP LAND USE: DETENTION POND
FOR REFERENCE ONLY
ZONING CHANGE
BOUNDARY
ZONING CHANGE
BOUNDARY
100 YEAR FLOOD
PLAIN
100 YEAR
FLOOD PLAIN
RAIL ROAD
LINE
EX. TP&L ESMT
ROW
ROAD (UNKNOWN NAME)
30' R.O.W.
VOL. 833, PG. 163
SEVENTH STREET30' R.O.W.OLAY STREET40' R.O.W.FIFTH STREETEX. 26' WIDTHSIXTH STREET30' R.O.W.MCKINL
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15' BUILDING SETBACK
15' BUILDING
SETBACK
6.87' R
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W
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EXISTING ELECTRIC
EASEMENT
DATENo.REVISIONBYDATE:
SHEET
File No. 2018-013
11/19/2020
CHECKED:MAM
DRAWN:ASD
DESIGN:ASD
TEXAS REGISTRATION #14199
0
GRAPHIC SCALE
1 inch = ft.
80 80 160
80
40
EXHIBIT EEX-E 1903 CENTRAL DR. SUITE #1PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTY SURVEY:ABSTRACT NO.
COLLIN C.C.S.L. #12 A0147
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT/REPRESENTATIVE:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PH: 817.201.6982
SURVEYOR:
EAGLE SURVEYING
210 S. ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
BBG INVESTMENTS INC FLA TLS INVESTMENTS INC
P.O. BOX 129
PROSPER, TX 75078
PH: 214.325.0615
CONTACT NAME: MATT MOORE
CONTACT NAME: DAN RICK
DOC NO. 2005-0122157 O.P.R.C.C.T.
15.31 ACRES
SITE
N
VICINITY MAP & EXISTING ZONING MAP
N.T.S.
PROSPER LOFTS
EXISTING ZONING: DOWNTOWN COMM. (DTC)
PROPOSED ZONING: PD- MULTIFAMILY (MF)
FLOODPLAIN NOTE
CONTACT NAME: TREVOR WOOD
LEGEND
EXISTING ELECTRIC EASEMENT
PROPERTY LINE
This property is located in "Non-shaded Zone X" & "Zone AE" as scaled from the
F.E.M.A. Flood Insurance Rate Map as shown by the Letter of Map Revision (LOMR)
dated January 18, 2018 and is located in Community Number 480141 as shown on
Map Number 48085C0235J. The location of the Flood Zone is approximate, no vertical
datum was collected at the time of the survey. For the exact Flood Zone designation,
please contact 1-(877) FEMA MAP.
NOTES:
1. THE THOROUGHFARE ALIGNMENT SHOWN ON THIS EXHIBIT IS FOR
ILLUSTRATION PURPOSES ONLY AND DOES NOT SET THE ALIGNMENT.
THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT.
2. PROPERTY WITHIN FEMA 100-YEAR FLOODPLAIN AREAS TO BE
REMEDIATED BY DRAINAGE STUDY BY CARDINAL STRATEGIES.
3. THE PROPOSED R.O.W. DEDICATION ALONG FIFTH STREET IS SHOWN
FOR ILLUSTRATION PURPOSES ONLY. EXACT DEDICATION WILL TAKE
PLACE AT THE TIME OF SITE PLAN.
SITE DATA SUMMARY WEST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.28 ACRES
RESIDENTIAL
DENSITY 35.75 UNITS PER ACRE (153 UNITS)
UNIT BREAKDOWN 77 1-BED, 66 2-BED, 10 3-BED
MAX BUILDING
HEIGHT 4 STORIES- 50' 11"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USABLE OPEN
SPACE 13.1%
PARKING SPACES 213 SURFACE, 29 GARAGE
PARKING RATIO 1.01 PARKS PER BED
SITE DATA SUMMARY EAST LOT
EXISTING ZONING DTC
PROPOSED ZONING PD- MULTIFAMILY
LAND AREA 4.58 ACRES
RESIDENTIAL
DENSITY 32.1 UNITS PER ACRE (147 UNITS)
UNIT BREAKDOWN 74 1-BED, 63 2-BED, 10- 3 BED
MAX BUILDING
HEIGHT 4 STORIES- 50' 11"
FINISHED FLOOR
ELEVATIONS MIN 658.1 FEET FOR ALL STRUCTURES
100 YEAR FLOOD
LEVELS 656.1 FEET
USABLE OPEN
SPACE 18.6%
PARKING SPACES 212 SURFACE, 20 GARAGE
PARKING RATIO 1.00 PARKS PER BED
PRELIMINARY
CLAYMOORE ENGINEERING
PROSPER LOFTSFIFTH STPROSPER, TXPage 303
Item 24.
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – November 24, 2020
Agenda Item:
Consider and act upon an ordinance repealing Ordinance No. 2020-05 and adopting a new
Neighborhood Empowerment Zone Number 1 to promote economic development in the Zone.
Background/Description of Agenda Item:
On November 10, 2009, the Town Council approved a resolution creating Neighborhood
Empowerment Zone Number 1 (NEZ-1) to promote economic development within the core
downtown area. The resolution was effective for a period of ten (10) years. Upon expiration of
the resolution, the Town Council adopted the terms of NEZ-1 by Ordinance No. 2020-05 on
January 28, 2020. The ordinance provided for the waiver of 75% of the following fees for new,
non-residential development:
1. building permit fees,
2. construction inspection fees,
3. structure demolition permit fees,
4. certificate of occupancy fees, and
5. water, wastewater, and roadway impact fees
In addition, and at its sole discretion, the Town Council may authorize the refund of up to sixty
percent (60%) of municipal sales tax and/or one-hundred percent (100%) of municipal property
tax resulting from the new development in NEZ-1. The refund of any taxes shall not exceed a
period of ten (10) years.
Ordinance No. 2020-05 also provided for a voluntary process to enter into a development
agreement to ensure the base zoning district and architectural standards are followed.
The proposed NEZ-1 incorporates all of the above-referenced incentives and standards and
provides for a new provision for new multifamily development. The provision provides that in
conjunction with a new multifamily development, the Town Council may waive all or any portion of
park dedication fees, as authorized by the Town’s Subdivision Ordinance. The waiver requires
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
Page 304
Item 25.
Page 2 of 2
the execution of a development agreement which shall include the property owner’s agreement to
adhere to building construction materials standards established in the Zoning Ordinance and the
“Old Town Architectural Standards,” as referenced in Exhibit B of the ordinance.
The above-referenced 75% fee waivers for new nonresidential development are not authorized for
new multifamily developments.
Budget Impact:
While the empowerment zone provides for the reduction of certain development fees, and the
refund of sales and property taxes, there is a long term benefit of promoting new construction,
redevelopment and the resulting economic vitality of the downtown area.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the ordinance as to
form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Staff recommends the Town Council approve an ordinance repealing Ordinance No. 2020-05 and
adopting a new Neighborhood Empowerment Zone Number 1 to promote economic development
in the Zone.
Proposed Motion:
I move to approve an ordinance repealing Ordinance No. 2020-05 and adopting a new
Neighborhood Empowerment Zone Number 1 to promote economic development in the Zone.
Page 305
Item 25.
Ordinance No. 2020-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING ORDINANCE NO. 2020-05; DESIGNATING A CERTAIN
AREA WITHIN THE TOWN OF PROSPER, TEXAS AS NEIGHBORHOOD
EMPOWERMENT ZONE NUMBER 1 TO PROMOTE ECONOMIC
DEVELOPMENT IN THE ZONE; ESTABLISHING THE BOUNDARY OF SUCH
ZONE; PROVIDING FOR A WAIVER OF CERTAIN FEES; PROVIDING FOR
THE CONSIDERATION OF THE REFUND OF MUNICIPAL PROPERTY AND
SALES TAXES; REQUIRING A DEVELOPMENT AGREEMENT; MAKING
FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that the promotion of economic development of the Downtown
commercial areas is advantageous to the Town and its citizens; and
WHEREAS, Chapter 378 of the Texas Local Government Code authorizes municipalities
in the State of Texas to establish Neighborhood Empowerment Zones; and
WHEREAS, the Town Council previously enacted Resolution No. 09-133 on November
10, 2009, and Ordinance No. 2020-05 on January 28, 2020, which provided certain incentives to
non-residential development through Neighborhood Empowerment Zone No. 1 and the incentives
referenced therein; and
WHEREAS, it is the desire of the Town Council to further incentivize Downtown
development and redevelopment by adopting a new Neighborhood Empowerment Number 1 and
expanding its scope to include, upon Town Council approval, multifamily residential development;
and
WHEREAS, while Neighborhood Empowerment Zone Number 1 currently provides for the
waiver of certain Town fees, as more fully described in this Ordinance as well as the consideration
of the refund of municipal property and sales taxes for a specific period of time, subject to the
execution of a development agreement between the Town and a property owner in regard to the
adherence to architectural standards and building materials for non-residential structures
constructed pursuant to Neighborhood Empowerment Zone Number 1, the Town Council has
determined that Neighborhood Empowerment Zone Number 1 also may include certain limited
incentives for multifamily residential development, upon Town Council approval, as more fully
described in this Ordinance; and
WHEREAS, Chapter 380 of the Texas Local Government Code provides that Texas
municipalities may create programs to promote economic development; and
WHEREAS, the Town Council also finds that the creation of Neighborhood Empowerment
Number 1 satisfies the requirements of Section 312.002 of the Tax Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Page 306
Item 25.
Ordinance No. 2020-__, Page 2
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Ordinance No. 2020-05 is
hereby repealed in its entirety.
SECTION 3
Neighborhood Empowerment Zone Number 1 (“NEZ 1”) is hereby created, as shown on
the map attached hereto and incorporated herein as Exhibit A, and is subject to the following
conditions:
A. For New Non-Residential Development Only
1. These provisions in Section A of this Ordinance are applicable to property owners
in the Downtown area for the construction of new, non-residential development. For the purpose
of this Ordinance, the term, “new, non-residential development” shall also mean the demolition
and/or the redevelopment of existing structure(s), when the demonstrated value of the new
construction exceeds the value of the previous improvement by a minimum of fifty percent (50%),
based on the most recent value determined by the Collin Central Appraisal District.
2. Prior to authorizing fee waivers or the consideration for requests for the refund of
municipal property taxes or municipal sales taxes, a development agreement shall be executed
between the Town and the property owner. The development agreement will be prepared by the
Town and, among others, the owner shall agree to building construction materials standards as
established in the Zoning Ordinance, as it exists or is amended, and/or the “Old Town
Architectural Standards, attached hereto and incorporated herein as Exhibit B.
3. Any development agreement executed by the Parties pursuant to this NEZ 1 shall
be filed in the Collin County real property records.
4. The Town Manager is hereby authorized to execute development agreements
which do not include a request for any refund of municipal property or municipal sales taxes.
5. Development agreements which include requests for the refund of municipal
property taxes or municipal sales taxes shall require the approval by the Town Council.
6. Concurrent with the execution of a development agreement, the Town shall waive
75% of the cost of the following fees:
a. building permit fees
b. construction inspection fees
c. structure demolition permit fees
d. certificate of occupancy fees
e. water, wastewater, and roadway impact fees
Page 307
Item 25.
Ordinance No. 2020-__, Page 3
5. At its sole discretion, the Town Council may authorize the refund up to sixty percent
(60%) of municipal sales tax and/or one-hundred percent (100%) of municipal property tax
resulting from the new development in NEZ 1. The refund of any taxes shall not exceed a period
of ten (10) years.
B. For New Multifamily Residential Development Only
1. These provisions in Section B of this Ordinance are applicable to property owners
in the Downtown area for the construction of new, multifamily residential development, as defined
in Section 13, “Multifamily District,” Chapter 2, “Zoning Districts,” of the Town’s Zoning Ordinance,
as amended.
2. Prior to authorizing any fee waiver refenced in this Section B, a development
agreement shall be executed between the Town and the property owner. The development
agreement will be prepared by the Town and, among others, the owner shall agree to building
construction materials standards as established in the Zoning Ordinance, as it exists or is
amended, and/or the “Old Town Architectural Standards, attached hereto and incorporated herein
as Exhibit B.
3. Any development agreement executed by the Parties pursuant to this NEZ 1 shall
be filed in the Collin County real property records.
4. The Town Manager is hereby authorized to execute development agreements
which do not include a request for any refund of municipal property or municipal sales taxes.
5. Development agreements which include any fee waivers shall require approval by
the Town Council.
6. Concurrent with the execution of a development agreement, the Town Council may
waive all or any portion of park dedication fees, as authorized by Subsection 6.20, “Park Land
Designs, Dedications, and Fees,” of Section 6, “Subdivision Design Standards,” of the Town’s
Subdivision Ordinance, as amended.
SECTION 4
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 repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town 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.
Page 308
Item 25.
Ordinance No. 2020-__, Page 4
SECTION 6
This Ordinance shall become effective and be in full force from and after its passage and
publication, as provided by the Revised Civil Statues of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 24TH DAY OF NOVEMBER, 2020.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Page 309
Item 25.
Ordinance No. 2020-__, Page 5
EXHIBIT A
Page 310
Item 25.
Ordinance No. 2020-__, Page 6
Exhibit B
Prosper Old Town Architectural Standards
1. Old Town Architectural Standards
a. Intent
Old Town is a unique area of Prosper with a distinct architectural character created by
existing buildings dating back to the early 1900’s. The Old Town area is envisioned to be
a pedestrian-oriented, commercial environment that provides opportunities for shops,
restaurants, offices and entertainment venues to create a vibrant district. The reuse of
existing buildings is encouraged, and new buildings are generally required to be of a
character that is consistent with the existing architectural character of the area,
although proposals for architectural
designs that establish unique building
expressions while still fitting the overall
context of Old Town can be considered. It
is recognized that deviations from the
requirements for exterior materials may be
necessary to achieve unique building
expressions in specific instances. The
process for considering such requests is
established within Chapter 4 of the Zoning
Ordinance. The use of quality building
materials will reinforce the character and
viability of the Old Town area long term. Exterior wall materials, articulation and
rhythm is critical to creating the sense of place desired by the community. Tri-partite
architectural design is required in order for buildings to respond appropriately to the
pedestrian, while providing architectural interest by distinguishing the bottom, middle,
and top of structures.
b. Building Articulation / Appearance
Where visible from a public street or open space:
i. Buildings shall demonstrate both horizontal and
vertical articulation.
ii. Buildings shall maintain a façade rhythm expressed
by a change in building plane, stepping portions of
facades in and out, utilizing balconies, windows,
columns or pilasters that are distinctly set out from
the façade, undulating the roof line by changing the
Example: Horizontal and Vertical
Articulation
Example: Architectural Designs that establish
unique building expressions
Example: Undulating Roof Line Example: Façade Rhythm
Page 311
Item 25.
Ordinance No. 2020-__, Page 7
height of the parapet, or changing types or colors of materials in combination with
other techniques.
iii. Balconies may extend over the sidewalk if they maintain
a minimum ten (10) feet of clearance above the
sidewalk, minimum distance of five (5) feet from the
back of curb, and do not interfere with street tree
growth or utilities (above or below grade). Any
encroachment of balconies over the street right-of-way
will require a license agreement with the Town.
iv. Buildings shall be designed and constructed as tri-
partite architecture, with a distinct base, middle and
top. An expression line, setback or other architectural
element will delineate the base and top.
v. Primary entrances to buildings shall be located on the street along which the
building is oriented. At intersections, corner buildings may have the primary
entrances oriented at an angle to the intersection.
vi. All primary entrances to buildings shall be covered with awnings, canopies, or be
inset behind the front façade a minimum four (4) feet. A door shall not be
permitted to swing into a public right-of-way or sidewalk area.
vii. Secondary and service entrances shall be located along alleys, or internal parking
areas.
viii. The ground floor level of buildings shall have a
minimum of 45% and maximum of 65% of the
façade comprised of window area. A reduction
of up to 10% may be granted if specific building
design conditions warrant with approval of the
Director of Development Services or his/her
designee.
ix. Floors above the ground floor level shall have a
minimum of 30% and a maximum of 60% of the
façade comprised of window area. A reduction
of up to 10% may be granted if specific building
design conditions warrant with approval of the
Director of Development Services or his/her designee.
x. The base color for the primary façade shall be muted colors that would commonly
occur in natural stone or clay fired brick. Trim accents can be either a contrasting or
harmonizing color, as long as the colors do not contrast so strongly that they do not
Example: Ground Floor Window Area –
Façade
Example: Balconies Extending
Over Sidewalk
Example: Tripartite Architecture
Page 312
Item 25.
Ordinance No. 2020-__, Page 8
read as a part of the overall façade composition. The use of bright, high-intensity
colors is subject to Director of Development Services or his/her designee approval.
c. Building Walls
i. Materials
Each exterior wall shall comply with the following materials requirements:
a) Primary Materials (≥75%)
1) Clay-Fired Brick
2) Natural Stone
b) Secondary Materials (≤25%) (Above Ground Floor only)
1) Wood-based, high-pressure laminate (e.g. Compact Wood, Trespa,
Prodema, or equal)
2) Three-Coat Stucco
c) Accent Materials (≤10%)
1) Pre-cast stone
2) Metal Accents
3) Tile
4) Cement Board
5) Other as permitted with approval of the Director of Development Services
or his/her designee.
ii. Techniques and Configurations
a) Blank facades are prohibited fronting along a street or public open space in
lengths greater than twenty (20) linear feet. Design treatments to eliminate
blank facades are subject to Director of Development Services or his/her
designee approval based on the ability to enhance the pedestrian and visual
environment and can include items such as transparent windows and doors,
display windows and/or awnings.
Example: Blank Façade
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Item 25.
Ordinance No. 2020-__, Page 9
b) All elevations visible from the public open space or street shall be designed as
building façades. Buildings occupying corner lots shall have two facades and
each facade should be treated with equal design attention (e.g. parapet walls).
c) Exterior façade material transitions from base to middle or middle to top should
be made in one of two ways:
1) Horizontally, through a shift in vertical plane toward the interior, or
2) Vertically, through a change in building materials or the use of trim along a
level line.
d) In buildings which have more than one material, the “heavier” material should
go below the “lighter” material
(e.g. a three-coat stucco wall
upper story with a stone or brick base).
d. Roofs and Parapets
The majority of existing roofs on the older
commercial buildings in Old Town are flat with
a parapet, creating a distinct architectural
character. Roofs on new buildings in the Old
Town area, while not required to be flat, shall
have a similar look to the older commercial
buildings. Provision for roof-top dining,
entertaining, or outdoor gathering spaces is
encouraged.
i. Materials
a) Roofs may be constructed of any material
that is permitted by applicable building
codes.
b) For flat roofs, “Green Roofs” are
encouraged and may be used in lieu of any
other roofing material with approval of the Director of Development Services or
his/her designee.
Example: Roof-Top Dining and
Entertaining
Example: “Heavier” Materials below “Lighter” Materials
Example: Corner Lot with Two Façades
Page 314
Item 25.
Ordinance No. 2020-__, Page 10
ii. Techniques and Configurations
a) Flat roofs
1) Cornices must be provided for flat
roofs.
2) Cornices shall project horizontally a
minimum of six (6) inches and
maximum of twelve (12) inches
beyond the facade of the building
for each story up to the maximum
height.
b) Pitched Roofs
1) If a pitched roof is provided, the
highest point of the
ridgeline shall be
concealed from
surrounding streets or
open spaces by a parapet.
The parapet shall not
exceed six (6) feet in
height.
c) Eaves
1) If provided, eaves must
overhang the principal
building a minimum of eighteen (18) inches to a maximum thirty (30) inches
for the initial two building
stories. For additional
building stories, eaves
must overhang the
principal building a
minimum twenty-four
(24) inches to maximum
forty-two (42) inches.
iii. Roof Mounted Equipment
a) All roof-mounted equipment,
including fans, vents, air
conditioning units, and
cooling towers, shall be screened to eliminate the view of the equipment.
b) The height of the screening device shall equal the height of the tallest element
of roof-mounted equipment.
c) A parapet or architectural design element on a building shall screen mechanical
equipment; however, the parapet or architectural design element shall be
limited to maximum six (6) feet in height. Mechanical equipment taller than the
parapet or architectural design element shall be screened by an additional
screening device to achieve the required screening height.
d) The outside of the screening device shall be painted or finished in a similar color
to the building façade, trim or roof surface.
e) Roof-mounted equipment and the inside of the screening device shall be
painted similar to the color of the roof surface in order to minimize the visibility
Example: Ridgeline Concealed Behind Parapet
Example: Overhanging Eaves
Example: Cornices
Page 315
Item 25.
Ordinance No. 2020-__, Page 11
of the equipment and screening mechanism from overhead views from adjacent
properties.
e. Windows, Doors, Awnings and Canopies
Windows lining a building facade establish the scale and rhythm of the streetscape for
pedestrians. This scale is controlled by the placement, type and sizes of windows. For
commercial buildings, windows allow for goods and customers to be viewed, thus
creating interaction between the building and public realm.
i. Windows
a) Materials
1) Anodized aluminum, wood, clad wood, vinyl or steel frame.
2) Ornamental glass (leaded, stained) may be allowed with approval of the
Director of Development Services or his/her designee.
3) Mirrored glass is prohibited.
4) Window screens shall match the window frame material color or shall be
dark anodized. Window screens shall be prohibited on ground floor of
buildings.
5) Exterior solar screens shall not be allowed to cover windows or doors.
6) Windows shall not be made opaque by signage or other application
treatments. However, movable interior sunscreens or blinds shall be
permitted.
7) Black glass, opaque glass and other “false window” techniques are prohibited.
8) At the ground floor level:
(a) Windows shall have a minimum 60% visible light transmittance.
(b) Windows having a visible light transmittance less than 60% may be
allowed by the Director of Development Services or his/her designee in
order for the windows to satisfy building code requirements related to
energy efficiency, provided that the windows maximize, to the extent
possible, the visible light transmittance desired for commercial uses at
the ground floor level for urban streetscape environments to maximize
the visibility of the interior activities of the building.
Example: False Window
Page 316
Item 25.
Ordinance No. 2020-__, Page 12
(c) Operable windows including
decorative overhead doors shall
be permitted in restaurants and
outdoor dining locations.
b) Techniques and Configurations
1) All Windows
(a) The horizontal dimension of
window openings shall not
exceed the vertical dimension
without approval of the Director
of Development Services or
his/her designee.
(b) Horizontal groupings of windows not to exceed five (5) per group,
where separated by a mullion, column, or wall section a minimum of
seven (7) inches wide.
(c) Exterior shutters shall be sized and mounted appropriately for the
window opening and will be one half the width of the adjacent window.
(d) Windows shall be a minimum of thirty (30) inches from building corners,
unless separated by a corner mullion or column twice the width used in
the grouping.
ii. Doors
a) Materials
1) Wood, clad wood, anodized aluminum, glass and/or steel.
b) Techniques and Configurations
1) Doorway entries shall be recessed four (4) feet or more behind the façade
of the building. Where a four (4) foot setback is not possible due to existing
constraints, the doorway shall have a canopy or awning.
2) Service, security or garage doors shall not be placed along street frontages
or open spaces; however, these entries may be placed along alleys or
internal parking areas.
iii. Awnings and Canopies
a) Materials
1) Metal, canvas, or tempered glass
b) Techniques and Configurations
Example: Canopy or Awning over Non-Recessed
Door
Example: Recessed Door
Example: Operable Windows and Overhead
Doors
Page 317
Item 25.
Ordinance No. 2020-__, Page 13
1) Awnings or canopy shall extend a maximum of eight (8) feet from the
building facade over the sidewalk for at least 75% of the frontage of the
building.
2) Minimum eight (8) foot clearance above sidewalks.
3) Shall be constructed in such a way as
to be durable and consistent with the
architectural character of the
building.
4) When used, shall be located to
provide shading for ground floor
exterior windows and doors and shall
cover the entire width of the window
opening or groups of windows.
5) Shall be placed in such a manner as
to emphasize the architectural
features of the building.
2. Definitions
For the purposes of this Ordinance, the following words shall have the following definitions
ascribed to them. Words not defined in this Ordinance shall be given their common and
ordinary meaning.
Cornice. An ornamental molding just below the roofline that frames or supports the upper
façade and includes any eaves or other overhangs beneath the roof.
Eaves. The edges of a roof that project outward from the main structure of a building and
overhang the wall.
Façade. The exterior walls of a structure that are visible to an observer from the outside,
especially at the ground level.
Ground Floor. That portion of a building from the street-level finish floor elevation and
extended twelve and one-half feet above the street-level finish floor elevation.
Green Roof. A building roof that is partially or entirely covered by greenery or vegetation,
requiring the use of a growing medium in-between the structure and the plants above and
providing insulation, shade, and aesthetic improvements for the structure’s inhabitants.
Ridgeline. The peak of a roof where two or more sloped surfaces meet to form the top of
the building or structure.
Solar Screen. A special window screen mesh, often opaque, that is specially designed for sun
control.
Three-Coat Stucco. The traditional application of plaster or a plaster-like material, often
composed of Portland cement, sand, and lime, in three coats to cure and strengthen the
exterior of a building or structure.
Tri-Partite Architecture. The aesthetic division of a structure into three distinct parts, such
as the base, shaft, and capital of a Classical column.
Visible Light Transmittance. The amount of light that is transmitted, and thus visible,
through a window.
Window Screen. A screen, usually of wire mesh, designed to fit into a window frame and
keep out insects when the window is open.
Example: Awnings Highlighting Architectural
Features
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Item 25.