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04.27.21 Town Council Regular Meeting PacketPage 1 of 4 ] 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: https://us02web.zoom.us/j/87047432329 Enter Meeting ID: 87047432329 To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.” 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 acknowledge your request and allow you to speak. 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. Library Volunteer Recognition. (LS) CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 2. Consider and act upon the minutes from the April 13, 2021, Town Council Meeting. (ML) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, April 27, 2021 5:45 PM Page 1 Page 2 of 4 3. Consider and act upon a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. (BP) 4. Consider and act upon an ordinance rezoning 9.5± acres from Planned Development- 65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. (Z21-0002). (AG) 5. Consider and act upon authorizing the Town Manager to execute a First Amended Development Agreement between Prosper Villages at Legacy, LLC, and the Town of Prosper, Texas, related to the Prosper Center development. (AG) 6. Consider and act upon an ordinance amending Subdistrict 4 of Planned Development- 67 (PD-67), on 71.4± acres, generally to modify the single family development standards, and to allow for retail uses in the residential neighborhood subdistrict of the Gates of Prosper, located on the northwest corner of Preston Road and Lovers Lane. (Z21-0001). (AG) 7. Consider and act upon authorizing the Town Manager to execute a Development Agreement between 380 & 289, L.P., and the Town of Prosper, Texas, related to the Gates of Prosper. (AG) 8. Consider and act upon an ordinance amending Subdistrict 1 of Planned Development- 67 (PD-67), on 44.1± acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards, and concept plan. (Z21-0004). (AG) 9. 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, including Prosper ISD Elementary School, No. 15 and Wild Fork Foods. (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: 10. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020- 2021 Budget). (BP) 11. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to Tollway District, generally located Page 2 Page 3 of 4 on the south side of Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-0026. (CA20-0004). (AG) 12. Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-69 (PD-69), on 74.3± acres, generally to amend the residential tract to allow for non-residential uses, located on the southeast corner of Dallas Parkway and Frontier Parkway. This is a companion case to CA20-0004. (Z20-0026). (AG) 13. Consider and act upon approving a resolution strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). (HW) 14. Consider and act upon awarding RFP No. 2021-35-B Construction Manager-At-Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) to Pogue Construction Co., LP; and authorizing the Town Manager to execute documents for the same. (SB) 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. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 15. Thoroughfare Plan Amendment (Football Discussion). (DH) 16. Legislative Update. (RB) 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, April 23, 2021, 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. Page 3 Page 4 of 4 NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 - 1011 at least 48 hours prior to the meeting time. Page 4 Page 1 of 7 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 5:45 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Jason Dixon Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Jeff Hodges Councilmember Meigs Miller Council Members Absent: Deputy Mayor Pro-Tem Craig Andres 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 Khara Dodds, 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 Connor Bales, Prestonwood Baptist Church, led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Bartley read the announcements. The 7-Eleven Evolution Store Grand Opening and Ribbon Cutting was held on April 9. The company presented a donation of $20,000 to the PEDC to sponsor the “Kids and Pets” safety Minutes Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, April 13, 2021 Page 5 Item 2. Page 2 of 7 program. The donation will be used to create, construct, install and maintain awareness signs in shopping centers throughout Prosper, reminding people not to leave children or pets in unattended vehicles. The Mayor’s Coffee for Active Adults is scheduled for April 14 at 9:00 a.m. via Zoom. Please visit the Parks and Recreation Facebook page for more information. A Celebration of Life for Celina Police Detective KC Robinson and his daughter, Brynlee, will be held on Thursday, April 15, at 1:00 pm at Prestonwood Baptist Church in Prosper. The public is welcome to attend. The BNSF Railroad will be completely closing Prosper Trail at the railroad crossing at daybreak on April 15 through the evening of April 16 to replace the rails and grade crossing. Motorists are encouraged to use an alternate route during this time. The Mayor’s Fitness Challenge continues through April 18. Please remember to turn in your completed tracking sheets by April 23 to receive a free t-shirt and the opportunity to win a Fitbit. The Library Volunteer Academy is back, and we are now accepting applications for summer volunteers. Applications must be returned in person by 6:00 p.m. on Monday, April 26. Positions are limited, and volunteers must be at least 12 years old. Visit the Library’s Facebook page for more information. Join Prosper Fire Rescue, the Prosper Police Department and the Prosper ISD Police Department for our Drug Take Back event on Saturday, April 24 from 10:00 a.m. – 2:00 p.m. at Prosper Central Fire Station. Residents may drop off unused or expired over the counter and prescription drugs free of charge, no questions asked. Summer camp registration for Parks & Recreation programs is now open. Visit www.prosperparksandrec.org for a list of camps and classes for all ages. Discussion Items. 1. Fire Department Recognition for Child Delivery and CPR Save. (SB) Stuart Blasingame, Fire Chief, recognized EMS and Dispatch staff for a child delivery that took place in November 2020. Former Prosper residents Steve and Stephanie Taylor were present via Zoom and thanked staff for their life saving efforts delivering their son Sawyer Taylor. Chief Blasingame also recognized staff for outstanding performance and lifesaving efforts regarding a CPR save that took place in February 2021. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 2. Consider and act upon in the minutes from the March 16, 2021, Town Council Special Called Meeting. (ML) Page 6 Item 2. Page 3 of 7 3. Consider and act upon the minutes from the March 23, 2021, Town Council meeting. (ML) 4. Receive the February Financial Report. (BP) 5. Consider and act upon approving a contract between the Town of Prosper and OpenGov, Inc., for licensing and supporting application software; and authorizing the Town Manager to execute a contract for the same. (BP) 6. Consider and act upon approving an amendment to the Online Services Agreement between the Town of Prosper and Governmentjobs.com, Inc., dba NEOGOV, Inc., for additional software subscriptions; and authorizing the Town Manager to execute documents for the same. (JE) 7. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the City of Frisco, Texas, Town of Little Elm, Texas, and the Town of Prosper, Texas, related to roadway illumination maintenance and improvements on US 380 from 1,300 feet west of FM 720 and the Denton/Collin County Line. (HW) 8. Consider and act upon authorizing the Town Manager to execute an Agreement for Construction, Maintenance and Operation of Continuous Highway Lighting Systems Within a Municipality between the Texas Department of Transportation and the Town of Prosper, Texas, for the installation of roadway illumination along US 380 between Legacy Drive and FM 1385. (HW) 9. Consider and act upon authorizing the Town Manager to execute an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match for On-System Improvements between the Texas Department of Transportation and the Town of Prosper, Texas, related to the construction of direct left turn lanes along US 380 between Legacy Drive and FM 1385. (HW) 10. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to Retail & Neighborhood Services, generally located on the northwest corner of Legacy Drive and Prosper Road. This is a companion case to Z20-0013. (CA20-0003). (AG) 11. Conduct a Public Hearing, and consider and act upon a request to rezone 5.5± acres, from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy Storage, located on the west side of Legacy Drive, north of Prosper Road. This is a companion case to CA20-0003. (Z20-0013). (AG) 12. Consider and act upon Ordinance 2021-17 abandoning a portion of Good Hope Road prescriptive right-of-way, located north of Windsong Parkway, beginning at a point approximately 850 feet north of Mill Branch Drive and extending northward approximately 600 feet. (AG) 13. 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 Page 7 Item 2. Page 4 of 7 Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan, including Gates of Prosper, Phase 3, Prosper ISD Temporary Administration Building, and Windmill Hill, Phase 2. (AG) Councilmember Miller made a motion and Councilmember Ray seconded the motion to approve all items on the Consent agenda. The motion passed by a vote of 6 – 0. CITIZEN COMMENTS: There were no citizen comments. REGULAR AGENDA: Items for Individual Consideration: 14. Conduct a Public Hearing, and consider and act upon a request to rezone 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. (Z21 - 0002). (AG) Alex Glushko, Planning Manager, provided the Town Council information on the request to rezone 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District. The applicant has agreed to enter into a Development Agreement with the Town of Prosper regarding architecture and building materials. Mayor Smith opened the public hearing. Clint Richardson representing the applicant discussed the subject property and the preliminary site plan, which is expected by May 2021. With no one else speaking Mayor Smith closed the public hearing. After discussion, Mayor Pro-Tem Dixon made a motion and Councilmember Hodges seconded the motion to approve the request to rezone 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive, subject to the approval of a development agreement regarding architecture and building materials. The motion passed by a vote of 6 – 0. 15. Conduct a Public Hearing, and consider and act upon a request to amend Subdistrict 4 of Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single family development standards, and to allow for retail uses in the residential neighborhood district of the Gates of Prosper, located on the northwest corner of Preston road and Lovers Lane. (Z21-0001). (AG) Alex Glushko, Planning Manager, provided the Town Council information on the request to amend Subdistrict 4 of Planned Development-67 (PD-67), on 71.4± acres. This request has two main components, amendments to the residential development standards, and allowances for retail uses in the residential neighborhood subdistrict. Page 8 Item 2. Page 5 of 7 Scott Shipp, Blue Star Land, discussed the proposed site plan and the use of a specific use permit (SUP) and/or a development agreement regarding certain retail activity at this site. Mayor Smith opened the public hearing. With no one speaking, Mayor Smith closed the public hearing. After discussion, Councilmember Ray made a motion and Councilmember Miller seconded the motion to approve the request to amend Subdistrict 4 of Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single-family development standards, and to allow for retail uses in the residential neighborhood district of the Gates of Prosper, located on the northwest corner of Preston road and Lovers Lane, subject to the following: 1. A minimum of 40% of the lots provided are Type B Lots. 2. The uses on the retail tract shall be as discussed individually via SUP and a package store shall be subject to a development agreement. The motion passed by a vote of 6 – 0. 16. Conduct a Public Hearing, and consider and act upon a request to amend Subdistrict 1 of Planned Development-67 (PD-67), on 44.1± acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards and concept plan. (Z21-0004). (AG) Alex Glushko, Planning Manager, provided the Town Council information on the request to amend Subdistrict 1 of Planned Development-67 (PD-67), on 44.1± acres. This request has three main components, including 1) a modification to the boundary of Subdistrict 1; 2) a modification to development standards for a portion of Subdistrict 1, to facilitate the development of a big box retailer; and 3) to generally update the Concept Plan to reflect the proposed amendments, as well as recent approvals and development. Mayor Smith opened the public hearing. Scott Shipp, Blue Star Land, discussed the proposed site plan including parking lot lighting and the proposed parking canopy materials. With no one else speaking, Mayor Smith closed the public hearing. After discussion, Councilmember Hodges made a motion and Councilmember Ray seconded the motion to approve the request to amend Subdistrict 1 of Planned Development-67 (PD-67), on 44.1± acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards and concept plan. The motion passed by a vote of 6 – 0. 17. Conduct a Public Hearing, and consider and act upon a request for a Sign Waiver for Cook Children’s Medical Center, regarding monument signs and internal directional signage, located on the northeast corner of Windsong Parkway and US 380. (MD21-0014). (AG) Alex Glushko, Planning Manager, provided the Town Council information on the request for a sign waiver for Cook Children’s Medical center, regarding monument Page 9 Item 2. Page 6 of 7 signs and internal directional signage. Cook Children’s Medical Center is requesting a sign waiver for two types of signage within their development, Monument Signs and Internal Directional Signs. Mayor Smith opened the public hearing. Kevin Greene, Cook Children’s Healthcare System, discussed the proposed internal directional signs and the overall customer experience. Jason Williamson, Dunaway Associates, discussed the request for a second monument sign and the Cook Children’s mascot Peaks the Dragon. Heather Chandler, Babendure Design Group, discussed the size and possible material type regarding the proposed internal directional signs. With no one else speaking Mayor Smith closed the public hearing. After discussion Mayor Pro-Tem Dixon made a motion and Councilmember Ray seconded the motion to approve the request for a Sign Waiver for Cook Children’s Medical Center, regarding monument signs and internal directional signage, located on the northeast corner of Windsong Parkway and US 380. The motion passed by a vote of 6 – 0. 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. The Town Council recessed into Executive Session at 6:53 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 8:26 p.m. Councilmember Miller made a motion and Mayor Pro-Tem Dixon seconded the motion to authorize the Town Manager to execute the Fifth Amended Economic Development Incentive Agreement between Northeast 423/380 Ltd. and Northwest 423/380 LP and take all necessary action incident and related thereto. The motion was approved by a vote of 6 – 0. Councilmember Miller made a motion and Mayor Pro-Tem Dixon seconded the motion to approve the Second Amendment to a Real Estate Sales Contract between 701/709 Stadium Drive, LLC, Blue Star Land, L.P., for the purchase of a 2.8738-acre tract of land and authorize the Town Manager to execute the same and take all necessary action incident and related thereto. The motion was approved by a vote of 6 – 0. Page 10 Item 2. Page 7 of 7 Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 18. Update on Zoom Meetings (RB) Robyn Battle, Executive Director of Community Services, provided the Town Council an update on conducting meetings via Zoom. In March 2020, Governor Abbott granted a temporary suspension of the Open Meetings Act due to COVID-19. The Town held virtual-only meetings through May 2020. The Town transitioned to an in-person and virtual option in June 2020. The Texas Legislature is considering S.B. 861 that would make Governor Abbotts amendments to the Open Meetings Act permanent by allowing public access to meetings and public comment via telephone and video conference. Mrs. Battle then reviewed H.B. 768, H.B. 1888/S.B. 1515, and H.B. 2683/S.B. 924 for their impacts to the Open Meetings Act. Town Staff will continue utilizing Zoom meetings indefinitely and will monitor legislative action and impact. 19. Above and Beyond Recognition. (HJ) Harlan Jefferson, Town Manager, discussed the Above and Beyond Recognition program to recognize outstanding service by Town employees. Currently the Town utilizes the Monthly Employee Newsletter to acknowledge outstanding service leading up to the Annual Awards for employee recognition. The new program will consist of recognition on a quarterly basis at Town Council meetings with the Employee Engagement Committee to review the proposed program and make recommendations. Adjourn. The meeting was adjourned at 8:39 p.m. on Tuesday, April 13, 2021. These minutes approved on the 27th day of April 2021. APPROVED: Ray Smith, Mayor ATTEST: Melissa Lee, Town Secretary Page 11 Item 2. 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: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. (BP) Description of Agenda Item: The Town is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”). The Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area in matters before the Public Utility Commission ( “PUC” or “Commission”) and the courts. On April 8, 2021, Oncor filed an Application to Amend its Distribution Cost Recovery Factor (“DCRF”) with each of the cities retaining original jurisdiction and with the Commission in Docket No. 51996. In the filing, the Company sought to increase distribution rates by $97.8 million annually. The resolution authorizes the Town to join with OCSC to evaluate the filing, determine whether the filing complies with the law, and if lawful, to determine what further strategy, including settlement, to pursue. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution Prosper is a place where everyone matters. FINANCE DEPARTMENT Page 12 Item 3. Page 2 of 2 Town Staff Recommendation: Town staff recommends adoption of a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. Proposed Motion: I move to adopt a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. Page 13 Item 3. Resolution No. 2021-xx, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 2021-xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE TOWN SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH ONCOR CITIES STEERING COMMITTEE; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES; FINDING THAT THE TOWN’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area in matters before the Public Utility Commission (“Commission”) and the courts; and WHEREAS, on or about April 8, 2021, Oncor filed with the Commission an Application to Amend its Distribution Cost Recovery Factor (“DCRF”), Commission Docket No. 51996, seeking to increase its total distribution revenue requirement by approximately $97.8 million annually. WHEREAS, the Town of Prosper will cooperate with OCSC in coordinating their review of Oncor’s DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company’s filing; and WHEREAS, all electric utility customers residing in the Town will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, working with the OCSC to review the rates charged by Oncor allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, OCSC’s members and attorneys recommend that members deny Oncor’s DCRF. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct legislative determinations of the Town of Prosper, Texas, and are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 Page 14 Item 3. Resolution No. 2021-xx, Page 2 The Town is authorized to participate with OCSC in Commission Docket No. 51996. SECTION 3 Subject to the right to terminate employment at any time, the Town of Prosper hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make recommendations to the Town regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal Oncor’s DCRF application. SECTION 4 The rates proposed by Oncor to be recovered through its DCRF charged to customers located within the Town limits, are hereby found to be unreasonable and shall be denied. SECTION 5 The Company shall continue to charge its existing rates to customers within the Town. SECTION 6 The Town’s reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution, and within 30 days of presenting monthly bills to Oncor thereafter. SECTION 7 It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 8 A copy of this Resolution shall be sent to J. Michael Sherburne, Vice President – Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202; to Tab R. Urbantke, Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 7520; and to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com. SECTION 9 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF APRIL, 2021. ___________________________________ Page 15 Item 3. Resolution No. 2021-xx, Page 3 Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 16 Item 3. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon an ordinance rezoning 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. (Z21-0002). Description of Agenda Item: On April 13, 2021, the Town Council approved the proposed rezoning request, by a vote of 6-0, subject to approval of a development agreement regarding architecture and building materials. An ordinance has been prepared accordingly, and a Development Agreement is on the April 27, 2021, Town Council agenda for consideration. 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. Ordinance Exhibit Staff Recommendation: Staff recommends the Town Council approve an ordinance rezoning 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. Proposed Motion: I move to approve an ordinance rezoning 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. Prosper is a place where everyone matters. PLANNING Page 17 Item 4. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-___ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 9.504 ACRES, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS FROM PLANNED DEVELOPMENT-65 PD-65) TO OFFICE (O); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Prosper Villages at Legacy, LLC (“Applicant”), to rezone 9.504 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 Planned Development-65 (PD-65) to Office (O) 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 9.504 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 Office (O) and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 18 Item 4. Ordinance No. 2021-__, Page 2 All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended, subject to the following condition of approval by the Town Council: 1. The approval of a Development Agreement development agreement regarding architecture and building materials. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Page 19 Item 4. Ordinance No. 2021-__, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF APRIL, 2021. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 20 Item 4. 125' TEMP. CONSTRUCTION EASEMENT INST. NO. 20150903001126910 AND 20150903001126920, O.P.R.C.C.T. COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT No. 147 COLLIN CO. 1" IPF 1/2" IRFC, 1.7' NORTH OF PROP. LINE 10' ATMOS ENERGY CORPORATION EASEMENT AND RIGHT-OF-WAY INST. NO. 20171020001402920 O.P.R.C.C.T. PRAIRIE DRIVE 50' ENERGY TRANSFERFUEL LP EASEMENTINST. NO. 2006-0001078O.P.R.C.C.T.CALLED 20.000 ACRES MSW PROSPER 380, LP INSTR. NO. 20131226001678930 O.P.R.C.C.T. LOT 5, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 DOC. NO. 2019-455 P.R.D.C.T. LOT 6, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 DOC. NO. 2019-455 P.R.D.C.T. EXISTING ZONING: OFFICE EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: US 380 DISTRICT RIGHT-OF-WAY DEDICATION 2.501 ACRES (108,947 SQ. FT.) DEDICATED TO THE TOWN OF PROSPER IN FEE SIMPLE DOC. NO. 2019-455 P.R.D.C.T. CALLED 60.914 ACRES SC TW-380, LLC INSTR. NO. 20190724000876240 O.P.R.C.C.T. PORTION OF PROSPER CENTER BLOCK B, LOT 2 DOC. NO. 2016-241, P.R.D.C.T. EXISTING ZONING: COMMERCIAL EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT CALLED 78.483 ACRES LEGACY AND FIRST LP INSTR. NO. 20200618000919920 O.P.R.C.C.T.6206206 2 5 63 0 6166 1 6 617617617617617 6176 1 8 618619619621621622622623624626 6 2 7 628629631 22.5'45.0'5/8" IRFC "KHA"5/8" IRFC "KHA" P.O.B. EXISTING ZONING: PD-71 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-47 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-98 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-65 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT MAHARD PARKWAY5/8" IRFC "KHA" 40' SANITARY SEWER EASEMENT, INST. NO. 20150903001126910 AND 20150903001126920, O.P.R.C.C.T. REMAINDER OF PROSPER CENTER BLOCK B, LOT 2 DOC. NO. 2016-241, P.R.D.C.T. EXISTING ZONING: PD-65 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT GROSS AREA: 9.504 ACRES 413,978 SQ. FT. NET AREA 8.160 ACRES 355,445 SQ FT.N0°05'16"W478.36'N14°46'04"E 115.83' N5°14'31"W 70.00' C1 N89°40'36"W 540.21'S0°26'47"W655.00'S89°40'36"E 629.62' FUTURE RIGHT-OF-WAY 1.344 ACRES (58,533 SQ. FT.) S 42°29' W, 3072' TO SEC OF L. NETHERLY SURVEY ABSTRACT NO. 962 Copyright © 2019 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT A 9.504 ACRES (GROSS) 8.160 ACRES (NET) PORTION OF LOT 2, BLOCK B OF PROSPER CENTER COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. Z21-0002 DWG NAME: K:\FRI_SURVEY\061179110-PROSPER CENTER LOT 1 BLOCK B SURVEY\DWG\061179110 HILLS AT LEGACY OFFICE ZONING EXHIBIT.DWG PLOTTED BY GUNAWAN, SYLVIANA 2/16/2021 8:15 AM LAST SAVED 2/12/2021 11:11 AM Scale Drawn by DLG1" = 60' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA DEC. 2021 067252045 1 OF 1 GRAPHIC SCALE IN FEET 060 30 60 120 1" = 60'@ 24X36 NORTH N.T.S.VICINITY MAP NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E SITE N.T.S.VICINITY MAP NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E NOTES: 1. Bearing system based on the south line of Prosper Center Block B, Lot 1R and 2 as recorded in Doc. No. 2016-241 P.R.D.C.T. 2. According to Map No. 48085C0230J, dated June 2, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located within Zone "X-Unshaded", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. The thoroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of Final Plat. 4. Screening wall maintenance easements shown hereon are for the private use and benefit of the Homeowners Association (H.O.A.) for the purpose of maintaining screen walls 5. Private wall maintenance easements shown hereon are for the private use and benefit of the respective owners of the lots adjacent to said easements for the purpose of maintaining retaining walls. LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IPF = IRON PIPE FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS P.R.C.C.T. = PLAT RECORD, COLLIN COUNTY,TEXES O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS DESCRIPTION OF PROPERTY BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being a portion of Lot 2, Block B of Prosper Center, Block B, Lots 1R and 2, according to the Revised Conveyance Plat thereof recorded in Volume 2016, Page 400 of the Plat Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1 inch iron pipe found for the northeast corner of said Lot 2, Block B, being on the westerly line of a called 60.914 acre tract of land described in a deed to SC TW-380, LLC, as recorded in Instrument No. 20190724000876240 of the Official Public Records of Collin County, Texas; THENCE South 0°26'47" West, along the easterly line of said Lot 2, Block B, the westerly line of said 60.914 acre tract, and the westerly line of a called 20.000 acre tract of land described in a deed to MSW Prosper 380, LP, as recorded in Instrument No. 20131226001678930 of the Official Public Records of Collin County, Texas, a distance of 677.50 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found for the southeast corner of said Lot 2 being in the centerline of Prairie Drive, a variable width right of way; THENCE North 89°40'36" West, departing the westerly line of said 20.000 acre tract, and along the southerly line of said Lot 2, Block B and the centerline of said Prairie Drive, a distance of 540.16 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found at the beginning of a tangent curve to the left having a central angle of 5°33'54", a radius of 1077.5 feet, and a chord bearing and distance of South 87°32'27" West, 104.62 feet; THENCE in a southwesterly direction, with said curve to the left continuing along the southerly line of said Lot 2, Block B and the centerline of said Prairie Drive, an arc distance of 104.66 feet to a point for corner; THENCE North 5°14'37" West, departing the southerly line of said Lot 2 Block B and the centerline of said Prairie Drive, and crossing Lot 2, Block B, a distance of 92.50 feet to a point for corner; THENCE North 14°46'04" East, continuing across said Lot 2, Block B, a distance of 115.83 feet to a point for corner; THENCE North 0°05'16" West, continuing across said Lot 2, Block B, a distance of 478.36 feet to a point for corner on the northerly line of said Lot 2, Block B and the southerly line of a called 78.483 acre tract of land described in a deed to Legacy and First LP, as recorded in Instrument No. 20200618000919920 of the Official Public Records of Collin County, Texas; THENCE South 89°40'36" East, along the northerly line of said Lot 2, Block B, the southerly line of said 78.483 acre tract, and the westerly line of said 60.914 acre tract, a distance of 629.62 feet to the POINT OF BEGINNING and containing 9.837 acres (428,512 square feet) of land, more or less. 02/16/2021 I L OETATS SAX ETF D S U R V E YORL A N E S S ALP ROF O NR E G ISTERE D SYLVIANA GUNAWAN 6461 SYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com OWNER: Prosper Villages at Legacy LLC 10950 Research Road Frisco, Texas 75033 Ph: 214.387.3993 Contact: Clint Richardson ENGINEER: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Marissa Volk, P.E. Page 21 Item 4. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon authorizing the Town Manager to execute a First Amended Development Agreement between Prosper Villages at Legacy, LLC, and the Town of Prosper, Texas, related to the Prosper Center development. Description of Agenda Item: On April 13, 2021, the Town Council approved a zoning request Z21-0002 related to development within Prosper Center, specifically providing for an office tract. The zoning request was approved by a vote of 6-0, subject to approval of a development agreement regarding architecture and building materials. In September 2019, the property owner entered into a Development Agreement regarding the surrounding properties related to architecture and building materials. The subject property is proposed to be included into the terms of that agreement. As such, a First Amended Development Agreement has been prepared accordingly. 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 2. Exhibit A-Property Description Staff Recommendation: Staff recommends the Town Council authorizing the Town Manager to execute a First Amended Development Agreement between Prosper Villages at Legacy, LLC, and the Town of Prosper, Texas, related to the Prosper Center development. Prosper is a place where everyone matters. PLANNING Page 22 Item 5. Page 2 of 2 Proposed Motion: I move to authorizing the Town Manager to execute a First Amended Development Agreement between Prosper Villages at Legacy, LLC, and the Town of Prosper, Texas, related to the Prosper Center development. Page 23 Item 5. 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 Prosper Villages at Legacy 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 owns a tract of land consisting of approximately 9.504 acres of land in Collin County, more particularly described in Exhibit A, attached hereto and incorporated by reference (the “Property”); and WHEREAS, on or about April 13, 2021, the Town approved a certain rezoning request, 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 on the Property; and WHEREAS, Town and Owner entered into a Development Agreement (“Development Agreement”) approved by the Town Council on or about September 24, 2019, and subsequently filed in the Collin County Real Property records on or about September 27, 2019, as Document No. 20190927001207500 pertaining to property described therein; and WHEREAS, on or about April 13, 2021, the Town Council authorized the execution of this First Amendment to Development Agreement to subject the Property to the Development Agreement; and WHEREAS, this First Amendment to Development Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained herein, and to recognize Owner’s reasonable investment-backed expectations; 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 September 27, 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. Construction of Structure(s) on the Property. For any structure built on the Property following the Effective Date, it shall comply with the following standards: All exterior facades for a main building or structure, excluding glass windows and doors, shall be constructed using the following: (1) primary materials including clay fired brick, natural precast, and manufactured stone, granite, marble, stucco, architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall; and (2) secondary materials that Page 24 Item 5. 2 compromise a total of ten percent (10%) or less of an elevation including aluminum or other metal, cedar or similar high quality wood, and high impact exterior insulation and finish systems (EIFs). High impact EIFS is only permitted a minimum of nine feet (9’) above grade . The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed on the Property 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. All other terms and conditions contained in the Development Agreement executed on or about September 27, 2019, shall remain in full force and effect and its terms are incorporated by reference as if fully set out herein. 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 ______________, 20___, 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 25 Item 5. 3 OWNER: PROSPER VILLAGES AT LEGACY LLC a Texas limited liability company By: ________________________________ Name: Craig Curry, Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of ______________, 20___, by Craig Curry, in his capacity as Manager of Prosper Villages at Legacy LLC, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of such limited liability company. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 26 Item 5. 4 EXHIBIT A PROPERTY DESCRIPTION Page 27 Item 5. 125' TEMP. CONSTRUCTION EASEMENT INST. NO. 20150903001126910 AND 20150903001126920, O.P.R.C.C.T. COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT No. 147 COLLIN CO. 1" IPF 1/2" IRFC, 1.7' NORTH OF PROP. LINE 10' ATMOS ENERGY CORPORATION EASEMENT AND RIGHT-OF-WAY INST. NO. 20171020001402920 O.P.R.C.C.T. PRAIRIE DRIVE 50' ENERGY TRANSFERFUEL LP EASEMENTINST. NO. 2006-0001078O.P.R.C.C.T.CALLED 20.000 ACRES MSW PROSPER 380, LP INSTR. NO. 20131226001678930 O.P.R.C.C.T. LOT 5, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 DOC. NO. 2019-455 P.R.D.C.T. LOT 6, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 DOC. NO. 2019-455 P.R.D.C.T. EXISTING ZONING: OFFICE EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: US 380 DISTRICT RIGHT-OF-WAY DEDICATION 2.501 ACRES (108,947 SQ. FT.) DEDICATED TO THE TOWN OF PROSPER IN FEE SIMPLE DOC. NO. 2019-455 P.R.D.C.T. CALLED 60.914 ACRES SC TW-380, LLC INSTR. NO. 20190724000876240 O.P.R.C.C.T. PORTION OF PROSPER CENTER BLOCK B, LOT 2 DOC. NO. 2016-241, P.R.D.C.T. EXISTING ZONING: COMMERCIAL EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT CALLED 78.483 ACRES LEGACY AND FIRST LP INSTR. NO. 20200618000919920 O.P.R.C.C.T.6206206 2 5 63 0 6166 1 6 617617617617617 6176 1 8 618619619621621622622623624626 6 2 7 628629631 22.5'45.0'5/8" IRFC "KHA"5/8" IRFC "KHA" P.O.B. EXISTING ZONING: PD-71 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-47 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-98 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-65 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT MAHARD PARKWAY5/8" IRFC "KHA" 40' SANITARY SEWER EASEMENT, INST. NO. 20150903001126910 AND 20150903001126920, O.P.R.C.C.T. REMAINDER OF PROSPER CENTER BLOCK B, LOT 2 DOC. NO. 2016-241, P.R.D.C.T. EXISTING ZONING: PD-65 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT GROSS AREA: 9.504 ACRES 413,978 SQ. FT. NET AREA 8.160 ACRES 355,445 SQ FT.N0°05'16"W478.36'N14°46'04"E 115.83' N5°14'31"W 70.00' C1 N89°40'36"W 540.21'S0°26'47"W655.00'S89°40'36"E 629.62' FUTURE RIGHT-OF-WAY 1.344 ACRES (58,533 SQ. FT.) S 42°29' W, 3072' TO SEC OF L. NETHERLY SURVEY ABSTRACT NO. 962 Copyright © 2019 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT A 9.504 ACRES (GROSS) 8.160 ACRES (NET) PORTION OF LOT 2, BLOCK B OF PROSPER CENTER COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. Z21-0002 DWG NAME: K:\FRI_SURVEY\061179110-PROSPER CENTER LOT 1 BLOCK B SURVEY\DWG\061179110 HILLS AT LEGACY OFFICE ZONING EXHIBIT.DWG PLOTTED BY GUNAWAN, SYLVIANA 2/16/2021 8:15 AM LAST SAVED 2/12/2021 11:11 AM Scale Drawn by DLG1" = 60' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA DEC. 2021 067252045 1 OF 1 GRAPHIC SCALE IN FEET 060 30 60 120 1" = 60'@ 24X36 NORTH N.T.S.VICINITY MAP NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E SITE N.T.S.VICINITY MAP NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E NOTES: 1. Bearing system based on the south line of Prosper Center Block B, Lot 1R and 2 as recorded in Doc. No. 2016-241 P.R.D.C.T. 2. According to Map No. 48085C0230J, dated June 2, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located within Zone "X-Unshaded", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. The thoroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of Final Plat. 4. Screening wall maintenance easements shown hereon are for the private use and benefit of the Homeowners Association (H.O.A.) for the purpose of maintaining screen walls 5. Private wall maintenance easements shown hereon are for the private use and benefit of the respective owners of the lots adjacent to said easements for the purpose of maintaining retaining walls. LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IPF = IRON PIPE FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS P.R.C.C.T. = PLAT RECORD, COLLIN COUNTY,TEXES O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS DESCRIPTION OF PROPERTY BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being a portion of Lot 2, Block B of Prosper Center, Block B, Lots 1R and 2, according to the Revised Conveyance Plat thereof recorded in Volume 2016, Page 400 of the Plat Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1 inch iron pipe found for the northeast corner of said Lot 2, Block B, being on the westerly line of a called 60.914 acre tract of land described in a deed to SC TW-380, LLC, as recorded in Instrument No. 20190724000876240 of the Official Public Records of Collin County, Texas; THENCE South 0°26'47" West, along the easterly line of said Lot 2, Block B, the westerly line of said 60.914 acre tract, and the westerly line of a called 20.000 acre tract of land described in a deed to MSW Prosper 380, LP, as recorded in Instrument No. 20131226001678930 of the Official Public Records of Collin County, Texas, a distance of 677.50 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found for the southeast corner of said Lot 2 being in the centerline of Prairie Drive, a variable width right of way; THENCE North 89°40'36" West, departing the westerly line of said 20.000 acre tract, and along the southerly line of said Lot 2, Block B and the centerline of said Prairie Drive, a distance of 540.16 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found at the beginning of a tangent curve to the left having a central angle of 5°33'54", a radius of 1077.5 feet, and a chord bearing and distance of South 87°32'27" West, 104.62 feet; THENCE in a southwesterly direction, with said curve to the left continuing along the southerly line of said Lot 2, Block B and the centerline of said Prairie Drive, an arc distance of 104.66 feet to a point for corner; THENCE North 5°14'37" West, departing the southerly line of said Lot 2 Block B and the centerline of said Prairie Drive, and crossing Lot 2, Block B, a distance of 92.50 feet to a point for corner; THENCE North 14°46'04" East, continuing across said Lot 2, Block B, a distance of 115.83 feet to a point for corner; THENCE North 0°05'16" West, continuing across said Lot 2, Block B, a distance of 478.36 feet to a point for corner on the northerly line of said Lot 2, Block B and the southerly line of a called 78.483 acre tract of land described in a deed to Legacy and First LP, as recorded in Instrument No. 20200618000919920 of the Official Public Records of Collin County, Texas; THENCE South 89°40'36" East, along the northerly line of said Lot 2, Block B, the southerly line of said 78.483 acre tract, and the westerly line of said 60.914 acre tract, a distance of 629.62 feet to the POINT OF BEGINNING and containing 9.837 acres (428,512 square feet) of land, more or less. 02/16/2021 I L OETATS SAX ETF D S U R V E YORL A N E S S ALP ROF O NR E G ISTERE D SYLVIANA GUNAWAN 6461 SYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com OWNER: Prosper Villages at Legacy LLC 10950 Research Road Frisco, Texas 75033 Ph: 214.387.3993 Contact: Clint Richardson ENGINEER: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Marissa Volk, P.E. Page 28 Item 5. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon an ordinance amending Subdistrict 4 of Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single family development standards, and to allow for retail uses in the residential neighborhood subdistrict of the Gates of Prosper, located on the northwest corner of Preston Road and Lovers Lane. (Z21-0001). Description of Agenda Item: On April 13, 2021, the Town Council approved the proposed rezoning request, by a vote of 6-0, subject to the following: 1. A minimum of 40% of the single family lots provided in Subdistrict 4 are Type B lots; 2. A Specific Use Permit shall be required for the following uses, Antique/Used Furniture Sales, Building Material & Hardware Sales, Equipment & Machinery Sales and Rental, and Child Day Care Centers; and 3. Approval of a Development Agreement related to package liquor stores on the Commercial Tract, as shown on Exhibit D. An ordinance has been prepared accordingly, and a Development Agreement is on the April 27, 2021, Town Council agenda for consideration. 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. Ordinance Exhibits Prosper is a place where everyone matters. PLANNING Page 29 Item 6. Page 2 of 2 Town Staff Recommendation: Staff recommends the Town Council approve an ordinance amending Subdistrict 4 of Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single family development standards, and to allow for retail uses in the residential neighborhood subdistrict of the Gates of Prosper, located on the northwest corner of Preston Road and Lovers Lane. Proposed Motion: I move to approve an ordinance amending Subdistrict 4 of Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single family development standards, and to allow for retail uses in the residential neighborhood subdistrict of the Gates of Prosper, located on the northwest corner of Preston Road and Lovers Lane. Page 30 Item 6. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 2021-10; REZONING A TRACT OF LAND CONSISTING OF 621.07 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, B. RENISON SURVEY, ABSTRACT NO. 755, AND J. YARNALL SURVEY, ABSTRACT NO. 1038, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-67 (PD-67), IS HEREBY AMENDED IN ITS ENTIRETY AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-67 (PD-67); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 and Ordinance 2021-10, should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from 183 Land Corporation and 289 (Preston) & 380, L.P. (“Applicant”) to rezone 621.07 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison Survey, Abstract No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 2021-10. Zoning Ordinance No. 05-20 is hereby amended and Ordinance No. 2021-10 5 is replaced in its entirety as follows: The zoning designation of the property containing 621.07 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison Survey, Abstract Page 31 Item 6. Ordinance No. 2021-__, Page 2 No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby amended in its entirety and rezoned as Planned Development-67 (PD-67). The Property as a whole and for this zoning classification is more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim, subject to the following: 1. A minimum of 40% of the single family lots provided in Subdistrict 4 are Type B lots; 2. A Specific Use Permit shall be required for the following uses, Antique/Used Furniture Sales, Building Material & Hardware Sales, Equipment & Machinery Sales and Rental, and Child Day Care Centers; and 3. Approval of a Development Agreement related to package liquor stores on the Commercial Tract, as shown on Exhibit D. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as Exhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule, attached hereto as Exhibit “E”; 5) and the supplemental design guidelines, attached hereto as Exhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. Page 32 Item 6. Ordinance No. 2021-__, Page 3 SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF APRIL 2021. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 33 Item 6. Gates of Prosper Planned Development Ordinance Adopted by Ordinance No. 14-92 May 27, 2014 Amended in its Entirety by Ordinace No. 2021- April 27, 2021 Page 34 Item 6. Planned Development No. 67 P a g e | ii TABLE OF CONTENTS PROJECT FOUNDATION ..........................................................................................................1 Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1 ZONING REGULATIONS ...........................................................................................................2 Exhibit A—Zoning Exhibit & Legal Description ......................................................................................... 2 Exhibit A-1–Zoning Exhibit & Legal Description ........................................................................................ 3 Exhibit B—Statement of Intent and Purpose ................................................................................................ 8 Exhibit C—Planned Development Standards ............................................................................................... 9 Planned Development General Provisions ........................................................................................... 10 Subdistrict 1—Regional Retail ............................................................................................................. 11 Subdistrict 2—Lifestyle Center ............................................................................................................. 17 Subdistrict 3—Downtown Center ......................................................................................................... 28 Subdistrict 4—Residential Neighborhood ............................................................................................ 35 General Requirements .......................................................................................................................... 39 Permitted Use Matrix ........................................................................................................................... 44 Infrastructure Design Standards .......................................................................................................... 54 Definitions ............................................................................................................................................ 55 Exhibit E—Development Schedule ............................................................................................................ 57 Exhibit F—Supplemental Design Guidelines ............................................................................................. 59 Design Principles ................................................................................................................................. 60 Site Design ............................................................................................................................................ 61 Building Design .................................................................................................................................... 62 Public Realm Design ............................................................................................................................ 64 Urban Residential Development Guidelines ........................................................................................ 65 APPENDICES Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”) Appendix A-1–Zoning Exhibit & Legal Description (Exhibit “A-1”) Appendix B—Conceptual Development Plan (Exhibit “D”) Page 35 Item 6. Page | 1 Planned Development No. 67 RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are established in accordance with an adopted Comprehensive Plan. The proposed Planned Development being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s Comprehensive Plan. The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will lead to a more diverse tax base. It will be an environment which encourages a desired lifestyle for residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into the Town’s Old Town District. Page 36 Item 6. Page | 2 Planned Development No. 67 EXHIBIT “A” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A’ as Exhibit ‘A’. LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100’ ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89º15’40” West, a distance of 123.47 feet to a point for corner; North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner; North 89º38’54” East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º45’07” West, a distance of 313.06 feet to a point for corner; North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; Page 37 Item 6. Page | 3 Planned Development No. 67 North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89º56’58” East, a distance of 257.38 feet to a point for corner; North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner; South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01º02’13” East, a distance of 1546.12 feet to a point for corner; South 89º20’50” West, a distance of 899.18 feet to a point for corner; South 32º50’09” West, a distance of 339.04 feet to a point for corner; North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 – variable width ROW); THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way lien, the following courses and distances to wit: South 54º19’15” East, a distance of 408.23 feet to a point for corner; South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89º12’47” West, a distance of 2794.95 feet to a point for corner; South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. Page 38 Item 6. Page | 4 Planned Development No. 67 EXHIBIT “A-1” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A-1’ as Exhibit ‘A-1’. BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No. 147 and the Ben Renison Survey, Abstract No. 755, Town of Prosper, Collin County, Texas, and being a portion of a called “Tract Six”, conveyed to 183 Land Corporation, Inc., as evidenced in a Special Warranty Deed, recorded in County Clerk’s File No. 97-0005168 of the Deed Records of Collin County, Texas, a portion of a called “Tract Seven”, conveyed to 380 & 289, L.P., as evidenced in a Warranty Deed, recorded in Instrument No. 20121219001617180, Official Public Records of Collin County, Texas, and a portion of a called 157.1346-acre tract of land, conveyed to 289 (Preston) & 380, LP, as evidenced in Warranty Deeds, recorded in Instrument No. 20121221001629970 and Instrument No. 20121221001629980, both of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a TXDOT brass disk right of way monument found for the southerly, northeast corner of said “Tract Seven”, and being the intersection of the northwesterly right of way line of State Highway 289 (Preston Road), a variable width right of way with the westerly right of way line of South Craig Road, from said corner, a found wooden TXDOT right of way marker bears South 16°19’ West, 1.35 feet; THENCE South 33°38’18” West, along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 111.45 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.2813-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas, from said corner, a found wooden TXDOT right of way marker bears North 76°00’ East, 0.54 feet; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, the following: South 40°20’31” West, a distance of 85.55 feet to a corner; South 33°38’35” West, a distance of 300.00 feet to a corner; South 37°27’25” West, a distance of 300.67 feet to a corner; South 33°38’35” West, a distance of 208.89 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 33°38’35” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 91.11 feet to a corner; THENCE South 29°26’34” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 200.54 feet to the southernmost corner of said 0.2813-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”, from said corner, a found wooden TXDOT right of way marker bears North 31°18’ East, 16.00 feet; Page 39 Item 6. Page | 5 Planned Development No. 67 THENCE South 35°04’16” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 385.16 feet to a corner, from which, a found wooden TXDOT right of way marker bears North 44°12’ East, 1.65 feet; THENCE South 33°38’20” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 300.00 feet to a TXDOT brass disk right of way monument found for a corner, from said corner, a found wooden TXDOT right of way marker bears South 07°00’ East, 2.25 feet; THENCE South 30°18’02” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 392.59 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.0656-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.0656-acre tract, the following: South 33°38’35” West, a distance of 323.03 feet to a corner; South 30°46’46” West, a distance of 100.13 feet to the southerly corner of said 0.0656-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”; THENCE South 35°32’53” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 85.20 feet to a corner; THENCE South 33°56’57” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 199.89 feet to a 5/8-inch iron rod found for a corner; THENCE South 37°09’28” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 42.31 feet to a corner; THENCE North 52°50’32” West, departing the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), crossing said “Tract Seven”, a distance of 25.77 feet to a corner; THENCE North 90°00’00” West, continuing across said “Tract Seven”, passing the westerly line of said “Tract Seven”, the easterly line of aforesaid 157.1346-acre, 289 (Preston) & 380, LP tract, and crossing a public use road known as South Coleman Street, a distance of 972.55 feet to a corner; THENCE in a northerly direction, continuing across said 157.1346-acre tract, the following: North 00°00’00” East, a distance of 431.84 feet to the point of curvature of a tangent curve to the left; Page 40 Item 6. Page | 6 Planned Development No. 67 Along the arc of said curve to the left, through a central angle of 21°18’24”, having a radius of 338.00 feet, a chord bearing of North 10°39’12” West, a chord distance of 124.97 feet and an arc length of 125.69 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 41°18’00” West, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 61°17’36” West, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 30°02’25”, having a radius of 83.00 feet, a chord bearing of North 76°18’49” West, a chord distance of 43.02 feet and an arc length of 43.52 feet to the end of said curve; North 00°00’00” East, a distance of 84.31 feet to the point of curvature of a non-tangent curve to the left; Along the arc of said curve to the left, through a central angle of 13°19’52”, having a radius of 338.00 feet, a chord bearing of North 75°21’32” East, a chord distance of 78.47 feet and an arc length of 78.64 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 48°42’00” East, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 28°42’24” East, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 35°41’21”, having a radius of 83.00 feet, a chord bearing of North 10°51’43” East, a chord distance of 50.87 feet and an arc length of 51.70 feet to the point of tangency of said curve; North 06°58’57” West, a distance of 35.50 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 06°58’57”, having a radius of 546.00 feet, a chord bearing of North 03°29’29” West, a chord distance of 66.50 feet an arc length of 66.54 feet to the point of tangency of said curve; THENCE North 00°00’00” East, continuing across said 157.1346-acre tract, crossing the northerly line of said 157.1346-acre tract and the southerly line of aforesaid “Tract Six”, continuing across said “Tract Six”, a distance of 785.38 feet to a corner; THENCE in a northerly and easterly direction, continuing across said 157.1346-acre tract, the following: North 03°48’51” West, a distance of 150.33 feet to a corner; North 00°00’00” East, a distance of 125.00 feet to a corner; North 45°00’00” West, a distance of 35.36 feet to a corner; North 00°00’00” East, a distance of 110.00 fee to a corner; North 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 110.00 feet to a corner; South 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 150.00 feet to a corner; THENCE South 86°11’09” East, continuing across said “Tract Six”, passing the easterly line of said “Tract Six”, the westerly line of aforesaid “Tract Seven”, and crossing aforesaid public use road known as South Coleman Street, a distance of 150.33 feet to a corner; THENCE in an easterly direction, continuing across said “Tract Seven”, the following: Page 41 Item 6. Page | 7 Planned Development No. 67 North 90°00’00” East, a distance of 923.53 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 34°09’35”, having a radius of 895.00 feet, a chord bearing of South 72°55’13” East, a chord distance of 525.73 feet and an arc length of 533.60 feet to the point of tangency of said curve; South 55°50’25” East, a distance of 56.69 feet to a corner; South 59°39’16” East, a distance of 150.33 feet to a corner; South 55°50’25” East, a distance of 125.21 feet to a corner; North 78°55’07” East, a distance of 13.56 feet to the POINT OF BEGINNING and containing 78.508 acres (3,419,790 square feet) of land, more or less. Page 42 Item 6. Page | 8 Planned Development No. 67 EXHIBIT “B” PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integrated Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned Development. The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external to the development. Furthermore, focal points and terminuses have been provided within the thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design. Pedestrian scale design elements will also be incorporated into the site design in order to foster high quality street and sidewalk environments. An essential element to the overall site is the incorporation of an open space system to provide for both active and passive recreational opportunities. The open space system will consist of landscape and hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the development. These elements within the proposed development will be ultimately located so as to provide recreational opportunities within convenient proximity to as many users as possible. The standards contained within this Planned Development District will help to achieve the vision for the overall development. These standards have been formulated so as to provide specificity where necessary and provide flexibility to allow for creative design. {This space intentionally left blank} Page 43 Item 6. Page | 9 Planned Development No. 67 EXHIBIT “C” Planned development standards Page 44 Item 6. Page | 10 Planned Development No. 67 1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS 1.1 GENERAL The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities to serve the needs of the new residents as well as the existing residents in the general area. Terms used in this ordinance shall have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), in effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined herein. 1.2 SUBDISTRICTS DEFINED 1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. 1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. 1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. 1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities (e.g., Single-family detached). Page 45 Item 6. Page | 11 Planned Development No. 67 2.0 subdistrict 1—regional retail 2.1 GENERAL PURPOSE AND DESCRIPTION The Regional Retail Subdistrict will serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. The development standards included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the design theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict. 2.2 SITE CRITERIA 2.2.1 Property Development Regulations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2. Table 2-1. Size of Yards Land Use(1)Front Side Corner Rear Retail 30 ft. (2)30 ft.(2) Commercial 30 ft. (2)30 ft.(2) Office 30 ft. (2)30 ft.(2) Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40 feet for a one-story building and 60 feet for a two-story building adjacent to a residential district. Setback may be eliminated for attached buildings. Table 2-2. Size of Lots and Lot Coverage Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth(2) Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3)0.4:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3)0.5:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0 Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Mutual access agreements may be allowed to satisfy legal frontage requirements for individual lots which do not have legal frontage requirements along a public right of way with Town staff approval (Director of Development Services). 3.Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. Page 46 Item 6. Page | 12 Planned Development No. 67 2.3 BUILDING CRITERIA 2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building height requirements set forth in Table 2-3 below. Building height shall be measured to the highest point of a roof surface. Table 2-3. Maximum Building Height Building Type Height (1)# Stories Non-Residential 40 ft. 2 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with Ordinance Chapter 4 Section 9.5. 2.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 1. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a.All building façades shall be architecturally finished with 100% masonry with an allowance for up to 15% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall. Textured and painted concrete tilt-wall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating percentages. b.No single material shall exceed more than eighty (80) percent of an elevation area. A minimum of twenty-five (25) percent of the front and side façades shall be natural or manufactured stone. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone; all other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. Page 47 Item 6. Page | 13 Planned Development No. 67 c.Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as, cedar, redwood, ipe, etc. (for example), tile, ornamental metal, or stucco. Other secondary materials not specifically noted herein may be allowed only if approved by the Town. EIFS and stucco is not allowed on the first nine (9’) feet of a structure. 2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%. 2.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 2.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way, or fire lane and access easements shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. Page 48 Item 6. Page | 14 Planned Development No. 67 The exterior façade of the parking structure if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 2.3.8 Area A-2. The following specific criteria shall apply to development within Area A-2 as depicted on Exhibit A-1. 1.The support columns for the covered parking structures shall be permitted the use of metal. 2.The required parking ratio for retail businesses shall apply to the net retail area only. 3.Facade Plans shall be approved by the Town Council, subject to a recommendation by the Planning & Zoning Commission. 4.For instances where provisions of this section (Section 2.3) conflict with the conceptual elevations found in Section 2.5.2, the conceptual elevations shall govern. 2.4 PERMITTED USES 2.4.1 General. The following general conditions shall apply to Subdistrict 1. a.Big Box uses are permitted by right within Subdistrict 1. 2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 2.5 CONCEPTUAL RENDERING The following conceptual renderings shall be representative of the architectural style, color and material selections depicted therein. Page 49 Item 6. Page | 15 Planned Development No. 67 Page 50 Item 6. Page | 16 Planned Development No. 67 2.5.1 The following conceptual renderings shall be representative of the architectural style, color and material selections in the location identified in Exhibit A-1. Page 51 Item 6. Page | 17 Planned Development No. 67 2.5.2 The following conceptual elevations and renderings shall be representative of the architectural style, colors and material selections and placement for the building located within Area A-2, as depicted on Exhibit A-1. Page 52 Item 6. Page | 18 Planned Development No. 67 Page 53 Item 6. Page | 19 Planned Development No. 67 Page 54 Item 6. Page | 20 Planned Development No. 67 3.0 subdistrict 2—LIFESTYLE center 3.1 GENERAL PURPOSE AND DESCRIPTION The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent with the Retail and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the “Town Center” design theme for this Subdistrict by providing opportunities for mixed-use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments within this project. Buildings will be designed to provide active street-fronts that encourage pedestrian activity. The buildings will be arranged such that the viewing of any surface, and/or structured parking is minimal from the surrounding public streets. These developments will be amenitized with carefully arranged, high-quality open spaces to provide a maximum number of premium units while also providing a high level of connectivity to the overall development. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian-friendly community. This lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from throughout the Metroplex. It may also include entertainment type uses as well as Big Box users which would attract patrons from other Cities in and around the Metroplex. 3.2 SITE CRITERIA 3.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. In addition, where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 3-1. Size of Yards Land Use/Housing Type(1) Minimum Front(5) Minimum Side Minimum Corner(5) Minimum Rear Retail 5 ft. (2)5 ft.(2) Commercial 5 ft. (2)5 ft.(2) Office 5 ft. (2)5 ft.(2) Mixed Use 5 ft. (2)5 ft.(2) Townhome(3) 5 ft. 5 ft.(4) 5 ft.20 ft. Multifamily, Urban Living 5 ft. (2,4) 5 ft.(2) Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 3.Vehicular access for Townhomes shall be provided at the rear of the unit via alleys 4.A minimum building separation of 15 feet is required between buildings. Zero feet Page 55 Item 6. Page | 21 Planned Development No. 67 between individual attached units. 5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval by Town staff. Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2)0.6:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2)5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2)5.0:1.0 Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. Open space requirements can be accounted for as per section 6.2.2. Table 3-3. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily, Urban Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1.Includes main building, accessory buildings and structured parking facilities. 3.2.2 Minimum Dwelling Area. a.Townhome. The minimum dwelling area shall be 1,500 square feet and minimum 2 story. b.Multifamily. The minimum dwelling area for a one-bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 3.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 2 shall be 600 units. However, the maximum allowed number of multifamily units in this subdistrict shall be reduced by the number of multifamily dwelling units constructed in any other subdistrict, such that the maximum allowable number of multifamily units for this Planned Development District does not exceed 600 units. The maximum number of townhome dwelling units allowed within Subdistrict 2 shall be 150 units. However, the maximum allowed number of townhome units in this subdistrict shall be reduced by the number of townhome units constructed in any other subdistrict, such that the maximum allowable number of townhome units for this Planned Development District does not exceed 150 units. Page 56 Item 6. Page | 22 Planned Development No. 67 3.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north-south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt. 3.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. 3.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 3.3 BUILDING CRITERIA 3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building height requirements set forth in Table 3-7 below. Building height shall be measured to the highest point of a roof surface. Table 3-6. Maximum Building Height Building Type Height (1)# Stories Non-Residential (2)80 ft. 5 Hotel 145 ft. 12 Office 145 ft. 12 Mixed Use (Vertical) 80 ft. 5 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1.Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5. 2.Includes all non-residential buildings except hotel, office buildings and mixed use. Hospitals will have an allowed height of 12 stories. 3.Refer to Section 8.0 for definition of building type. 4.No structure shall exceed two stories or 40’ when located 150 feet or less from a single- family zoning district. 5.Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if predominately visible to public ROW unless otherwise approved by the Town. 6.The minimum height of a townhome is 2 stories. Page 57 Item 6. Page | 23 Planned Development No. 67 3.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 2. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 3.3.7. 3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a.Non-Residential and Multifamily building types shall comply with the following standards: 1.All building façades shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt-wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2.The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3.The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. Page 58 Item 6. Page | 24 Planned Development No. 67 4. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone. All other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 5.Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. b. Townhome building types shall comply with the following standards. 1.The exterior facades shall be constructed at 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor or above), and cementitious fiber board (not to exceed 50% of 2nd story, in a different vertical plane and above of any façade area). Windows, doors and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3.Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. Conceptual Photos – The following photographs shall be representative of the architectural style, color and material selections depicted therein. Page 59 Item 6. Page | 25 Planned Development No. 67 Page 60 Item 6. Page | 26 Planned Development No. 67 3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%. 3.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 3.3.7 Building Articulation. a.Town Center. The Town Center is envisioned as a vibrant mixed-use area at the heart of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a pedestrian oriented destination not only for the “Gates” neighborhood but also for the surrounding communities. To create an intimate pedestrian environment, buildings should be designed to incorporate articulation both horizontally and vertically at intervals of not more than 30 feet. Acceptable forms of articulation shall include the following: 1. Canopies, awnings, or porticos 2.Wall recesses / projections 3.Arcades 4.Arches Page 61 Item 6. Page | 27 Planned Development No. 67 5.Display windows 6. Architectural details, such as tile work and moldings, integrated into the building façade 7.Articulated ground floor levels or base 8.Articulated cornice line 9. Integrated planters or wing walls that incorporate landscape and sitting areas 10.Offsets, reveals or projecting rib used to express architectural or structural bays 11. Varied roof heights b.Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with facades that face a street, have an entrance, or are highly visible from roads or parking fields shall incorporate changes in wall plane with a depth of at least 6 feet, both horizontally and vertically, at intervals of not more than 100 feet. Building façades that do not face a street or are not visible from roads or parking fields shall incorporate one of the following: 1.Repeating pattern of wall recesses and projections, pilasters, offsets or reveals. 2. Changes of color, texture or material either horizontally or vertically at intervals of not more than 60 feet. 3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way or fire lane and access easement shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 3.3.9 Projections into Setbacks and/or Rights-of-Way. a.The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a Page 62 Item 6. Page | 28 Planned Development No. 67 building face or architectural projection into the setback, but not the right-of- way. 2.Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3.Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4.Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5.Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1.No projection shall be permitted into a building setback or right-of-way of Preston Road, Lovers Lane, Coleman Street or US Highway 380, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4.The property owner shall maintain such projection in a safe and non- injurious manner. b.Where balconies, awnings, stoops and front porches are provided for Townhome and multifamily uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 3.4 MULTIFAMILY CRITERIA Multifamily construction within this development shall conform to the following urban-style criteria: 1. A minimum of forty (40) percent of the units will have private garages. 2.On-street parallel parking along public and private streets other than major or minor thoroughfares is required and is allowed to count towards the required parking for the adjacent development. 3.All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 4. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. 5.Front porches and/or stoops are required on facades which front public streets. 6.Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to vertical mixed-use developments. 7. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located a minimum of four (4)feet from the curb at an average spacing of not more than thirty (30) feet on center. Street Page 63 Item 6. Page | 29 Planned Development No. 67 trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. 8. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least one location along each block. Conceptual Photographs – The following photographs shall be representative of the architectural style, color and material selections depicted therein. Page 64 Item 6. Page | 30 Planned Development No. 67 3.5 PERMITTED USES 3.5.1 General. The following general conditions shall apply to Subdistrict 2. a.Big Box uses are permitted by right within Subdistrict 2. 3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Page 65 Item 6. Page | 31 Planned Development No. 67 4.0 subdistrict 3—DOWNTOWN CENTER 4.1 GENERAL PURPOSE AND DESCRIPTION The Downtown Center Subdistrict will serve the purpose of providing an active living and working community benefiting from its proximity to the existing town core and the planned Lifestyle and/or Regional Retail Centers to the south. The development standards for non- residential and mixed-use development included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and architectural standards are intended to define the “Downtown Center” design theme for this Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail venues located within and/or adjacent to this Subdistrict. Open space elements will be located so as to provide a central focal element for this Subdistrict, along with a proposed new Town Hall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for a flexibility of options including medical campus, office, civic activities, and complementary residential housing. This area could also be developed as a more traditional business park/governmental center if proven to better fit the market demands for such a use. 4.2 SITE CRITERIA 4.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or the Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 4-1. Size of Yards Land Use/Housing Type(1) Minimum Front(6) Minimum Side(4) Minimum Corner(6) Minimum Rear Retail 5 ft. (2)5 ft.(2) Commercial 5 ft. (2)5 ft.(2) Office 5 ft. (2)5 ft.(2) Mixed Use (Vertical) 5 ft. (2)5 ft.(2) Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft.(5) Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2.Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15 feet adjacent to a residential district; Setback may be eliminated for attached buildings. 3.The front setback may be reduced to 10 feet where vehicular access is provided via a rear alley. 4.Side setback shall be zero feet for interior units with a minimum building separation of 10 feet between buildings without openings (e.g., windows) and 15 feet between buildings with openings. 5.The rear setback may be reduced to 10 feet where vehicular access is provided at the front of the unit. Page 66 Item 6. Page | 32 Planned Development No. 67 6. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval of Town Staff. Table 4-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use (Vertical) Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2)0.6:1.0 Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2)3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2)5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100%(2)5.0:1.0 Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2.Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 3.Structural parking facilities and surface parking lots shall not be included in lot coverage calculations. Table 4-3. Size of Yards (Urban Standards) Land Use/Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Townhome(2) 5 ft. 5 ft.(3) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1) Notes 1.Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 2.Vehicular access for Townhomes shall be provided at the rear of the unit via alleys. •All garage doors are to be cedar/wood clad or equivalent. Metal garage doors are not permitted. 3.A minimum building separation of 15 feet is required. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily(2)10,000 sq. ft. 80 ft. 100 ft. 90%(1)N/A Notes 1.Includes main building, accessory buildings and structured parking facilities. Page 67 Item 6. Page | 33 Planned Development No. 67 4.2.2 Minimum Dwelling Area. a.Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b.Multifamily. The minimum dwelling area for a one-bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 4.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 3 shall be 300 units. However, the total number of multifamily units for all Subdistricts may not exceed 600 units. The maximum number of Townhome units in Subdistrict 3 shall be 150 units. However, the maximum combined number of Townhome units in all subdistricts may not exceed 150 units. Any residential units not developed within Subdistrict 3 shall be allowed to be developed in Subdistrict 2 provided the density standards for each Housing Type (See Tables 3-3 and 3-5) for Subdistrict 2 are followed. 4.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north- south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt. 4.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. 4.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 4.3 BUILDING CRITERIA 4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building height requirements set forth in Table 4-5 below. Building height shall be measured to the highest point of a roof surface. Page 68 Item 6. Page | 34 Planned Development No. 67 Table 4-5. Maximum Buildi ng Height (7) Building Type Height (1)# Stories Non-Residential (2)60 ft. 4 Hotel 80 ft. 5 Office 100 ft. 8 Hospital 100 ft. 8 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1.Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit by a maximum of 20 feet. 2.Does not include hospitals, hotels, office, or medical office buildings. 3.Refer to Section 8.0 for definition of building type. 4.No structure shall exceed two stories or 40’ when located 150 feet or less from a single- family zoning district. 5.Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if generally visible to public ROW. 6.The minimum height of a townhome is two-story. 7.No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.). 4.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 3. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a.Non-Residential and multifamily building types shall comply with the following standards: 1.All building façades shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt- wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. Page 69 Item 6. Page | 35 Planned Development No. 67 2.The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3.The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. The rear façade of any non-residential building facing a public right-of-way shall be finished with a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 4.Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 5. All multifamily criteria and conceptual photos in section 3.4 of this ordinance also applies in this subdistrict. b. Townhome building types shall comply with the following standards. 1.The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor and above), and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3.Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. Page 70 Item 6. Page | 36 Planned Development No. 67 Conceptual Photos – The following photographs shall be representative of the architectural style, color and material selections depicted therein. 4.3.4 Window Areas. There shall not exceed 80% of any façade area for buildings located in Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%, unless otherwise approved by the Director of Development Services or his/her designee. 4.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 4.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. Page 71 Item 6. Page | 37 Planned Development No. 67 4.3.8 Projections into Setbacks and/or Rights-of-Way. a.The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1.Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. 2.Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3.Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4.Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5.Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1.No projection shall be permitted into a building setback or right-of-way of Lovers Lane, Coleman Street or Frost Street, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4.The property owner shall maintain such projection in a safe and non- injurious manner. b. Where front porches are provided for Townhome uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 4.4 PERMITTED USES 4.4.1 General. The following general conditions shall apply to Subdistrict 3. Additional commercial uses are allowed for the parcel(s) located on the west side of the railroad as noted in Section 6.6 under Wholesale Uses and Manufacturing/Industrial Uses. 4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Page 72 Item 6. 5.0 SUBDISTRICT 4-RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the primary purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of detached single-family housing opportunities. In addition, a small commercial tract will provide additional limited retail and commercial uses along Preston Road. Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply. 5.2 SINGLE FAMILY RESIDENTIAL TRACT 5.2.1 Property Development Regulations: This property may develop, under the standards for SF-10 as contained in the Town’s Zoning Ordinance as it exists or may be amended, as front entry lot product subject to the specific provisions contained herein below. There will be no alley-served lots within the property. 5.2.2 Density: The maximum number of single family detached dwelling units for this PD is 200. This equates to an overall gross density of 2.82 units per acre. 5.2.3 Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types, provided a minimum of 40% are Type B lots: Type A Lots: Minimum 8,640 square foot lots Type B Lots: Minimum 9,990 square foot lots 5.2.4 Area and building regulations: 1.Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: (a)Minimum Lot Size. The minimum lot size for Type A Lots shall be eight thousand six hundred forty (8640) square feet. A typical lot will be 64’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. (b)Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty four (64) feet, as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of fifty four (54) feet at the front setback provided all other requirements of this section are met. (c)Minimum Yard Setbacks. (1)Minimum Front Yard Setback: The minimum front yard setback for Type A Lots shall be twenty-five (25) feet. (2)Minimum Side Yard Setback: The minimum side yard setback for Type A Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. Page | 38 Planned Development No. 67 Page 73 Item 6. (3)Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4)Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d)Minimum Floor Space. Each one-story dwelling constructed on a Type A Lot shall contain a minimum of two thousand, three hundred (2300) square feet of floor space; two story dwellings shall be a minimum of two thousand six hundred fifty (2650) square feet. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling (e)Height. The maximum height for structures on Type A Lots shall be forty (40) feet. (f)Driveways. Driveways fronting on a street on Type A Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services. No broom finish concrete driveways will be allowed. (g)Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h)Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i)Roofing. Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. Page | 39 Planned Development No. 67 Page 74 Item 6. The color of any composition roof must appear to be weathered wood shingles, black or slate. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j)Garages. (1)Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. (2)Homes with three (3) garages shall not have more than two (2) garage doors facing the street. (3)No standard, traditional steel garage doors, painted or stained, will be allowed. (4)Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. (5)Doors may be single or double wide doors. (6)Additionally, two of the following upgrades must be incorporated: (a)If single doors, doors must be separated by a masonry column. (b)Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. (c)Doors may incorporate decorative hardware. (d)Doors may incorporate windows. (k)Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9’ on the first floor. (l)Fencing. Fences, walls and/or hedges on Type A Lots shall be constructed to meet the following guidelines. (1)All Type A Lots backing or siding to land designated by plat as public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2)All other Type A lot fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail and shall be supported with galvanized steel posts, Page | 40 Planned Development No. 67 Page 75 Item 6. 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. (3)Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4)Type A corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per developer guidelines, placed at 21 feet OC. (5)No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m)Landscaping. (1)Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2)The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. (n)Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will not be allowed. 2.Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: (a)Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand nine hundred ninety (9990) square feet. A typical lot will be 74’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. (b)Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy-four (74) feet as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of sixty-four (64) feet at the front setback provided all other requirements of this section are met. (c)Minimum Yard Setbacks. (1)Minimum Front Yard Setback: The minimum front yard setback for Type B Lots shall be twenty-five (25) feet. (2)Minimum Side Yard Setback: The minimum side yard setback for Type B Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. (3)Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4)Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Page | 41 Planned Development No. 67 Page 76 Item 6. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d)Minimum Floor Space. Each single-story dwelling constructed on a Type B Lot shall contain a minimum of two thousand five hundred (2500) square feet of floor space; two story dwellings shall contain a minimum of three thousand (3000) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. (e)Height. The maximum height for structures on Type B Lots shall be forty (40) feet. (f)Driveways. Driveways fronting on a street on Type B Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services No broom finish concrete driveways will be allowed. (g)Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h)Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i)Roofing. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. The color of any composition roof must appear to be weathered wood shingles, black or slate. Page | 42 Planned Development No. 67 Page 77 Item 6. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j)Garages. (1)Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. (2)Homes with three (3) car garages shall not have more than two (2) garage doors facing the street. (3)No standard, traditional steel garage doors, painted or stained, will be allowed. (4)Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. (5)Doors may be single or double wide doors. (6)Additionally, two of the following upgrades must be incorporated: a.If single doors, doors must be separated by a masonry column. b.Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. c.Doors may incorporate decorative hardware. d.Doors may incorporate windows. (k)Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9’ on the first floor. (l)Fencing. Fences, walls and/or hedges on Type B lots shall be constructed to meet the following guidelines. (1)All Type B Lots backing or siding to land designated by plat as a public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2)All other fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail, and shall be supported with galvanized steel posts, 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. Page | 3 7 Planned Development No. 67 Page | 3 7 Planned Development No. 67 Page | 43 Planned Development No. 67 Page 78 Item 6. (3)Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4)Type B corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per Developer guidelines, placed at 21 feet OC. (5)No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m)Landscaping. (1)Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2)The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. (n)Accessory Structures. Accessory structures used as a garage, a garage apartment, a storage building or guest house, will not be allowed. Page | 44Planned Development No. 67 Page 79 Item 6. TABLE 1 Lot Type A Lot Type B Min. permitted lot sizes 8,640 sq. ft. 9,990 sq. ft. Min. Front Yard 25 ft. 25 ft. Min. Side Yard Corner Lot 7 ft. 15 ft. 7 ft. 15 ft. Min. Rear Yard 25 ft. 25 ft. Max. building Height 40 ft. 40 ft. Max. Lot Coverage 50% 50% Min. Lot Width 64 ft. 74 ft. Min. Lot Depth 125 ft. 125 ft. Min. Dwelling Area 2,300 sq. ft. single story 2,650 sq. ft. two story 2,500 sq. ft. single story 3,000 sq. ft. two story Page | 45 Planned Development No. 67 Page 80 Item 6. 5.3 COMMERCIAL TRACT 5.3.1 PROPERTY DEVELOPMENT REGULATIONS: The approximately 5.5 acre Commercial Tract of this subdistrict shall develop in conformance to the property development regulations established within this planned development ordinance for Subdistrict 1 except as indicated below. 5.4 PERMITTED USES 5.4.1 General. The following conditions apply to Subdistrict 4. a. Big Boxes are not permitted within Subdistrict 4. 5.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.7 of this Ordinance. Page | 46 Planned Development No. 67 Page 81 Item 6. Page | 47 Planned Development No. 67 6.0 GENERAL REQUIREMENTS 6.1 PLAN APPROVAL PROCESSES 6.1.1 General. Development shall generally take place in accordance with the attached Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and Conceptual Thoroughfare Plan (Exhibit H). 6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and approved on the Conceptual Development Plan (Exhibit D). Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan (Exhibit D) may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. Alter the basic relationship of the proposed development to adjacent property 2.Alter the uses permitted, 3.Increase the density, 4.Increase the building height, 5.Increase the coverage of the site, 6.Reduce the off-street parking ratio 7. Reduce the building lines provided at the boundary of the site, or 8.Significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Any change to the boundaries of an individual Subdistrict that results in a change of less than 15% of the land area for that Subdistrict may be authorized by the Director of Development Services or his/her designee. 6.2 OPEN SPACE 6.2.1 General. The open space and parkland dedication requirements shall be in accordance with the Town’s zoning ordinance unless specified herein and/or other requirements / regulations are established via a developer’s agreement with the Town at which time the authorized Developer’s Agreement will hold precedence over this Planned Development and/or the Town’s zoning Ordinance requirements. 6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the following criteria, as relevant: Page 82 Item 6. Page | 48 Planned Development No. 67 a.A maximum of 1/2 of the required on-site Open Space for either Townhome or Multifamily development may be located off the platted lot however, within 1000’ of any unit of a development towards which it will be counted with respect to the Townhome or Multifamily development but within the boundary of the overall Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system. b.Required Open Space for non-residential areas do not have to be located on the individual platted lots but allocated as part of the overall master plan and/or site plan. 6.3 PARKING REQUIREMENTS 6.3.1 General. The following general standards shall apply. a.The number of parking spaces provided for uses shall be in accordance with the requirements established in Section 6.3.2 of these standards. b.Where on-street parking is provided, angled as well as parallel parking shall be permitted. On-street parking shall not be permitted within 30 feet of the curb line of a cross street, drive or common access easement. c.On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this Planned Development. Parking spaces may be provided in the right-of-way and shall conform to Town standards for vehicle parking areas. No on street parking spaces will be allowed on major or minor thoroughfares. d.Vehicle maneuvering shall be allowed within the public right-of-way where on-street parking is provided. e.When structured parking garages are provided, adequate access from public rights-of- way via private drives and/or access easements shall be made readily available. f.Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. g.Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. h.Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of Prosper Fire Department at the time of plat and/or site plan submittal. i.Dead-end parking aisles are discouraged and shall only be permitted in unique circumstances upon approval by the Director of Development Services or his/her designee. Dead-end parking aisles are permitted in the multifamily development located in Subdistrict 2. j.In the case of mixed uses, uses may share parking spaces where the practicability of shared parking can be demonstrated. The applicant shall submit a parking analysis to the Director of Development Services demonstrating the feasibility of shared parking. The parking analysis shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto other properties. Page 83 Item 6. Page | 49 Planned Development No. 67 k.Outdoor patio and sidewalk dining, as well as other public seating areas, are permitted; these areas shall be included in parking calculations at a rate of 50% of standard requirements. l.Surface parking is allowed in urban living multifamily development as long as the parking areas other than on-street parking are located internal to the multifamily development and are screened from public right of way through the use of landscaping and/or walls and structures. m.For vertical mixed-use developments, no more than one drive with parking on both sides is allowed between the mixed use structure and the public ROW(s) unless otherwise approved by the Town. 6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements: •Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per dwelling unit. •Automobile Oil Change and Similar Establishments: One parking space per service bay plus one parking space per maximum number of employees on a shift. The stacking requirements shall be 3 stacking spaces per bay. •Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car garages shall be permitted to satisfy this requirement through tandem parking spaces by providing one covered space and one space located directly adjacent to the garage, provided the tandem parking spaces have minimum dimensions of nine feet by twenty feet. Townhome units with two-car garages shall provide two covered spaces, located behind the front building line, and two maneuvering spaces for each unit. Permitted on-street parking shall count toward the required off-street parking requirement provided the space(s) are within 300 feet of the property line of the affected lot. •Dwellings, Multifamily: One and one-half spaces for one-bedroom units, plus one- half additional space for each additional bedroom. The required number of spaces shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed parking shall not be required for Multifamily Dwellings except as specified in other sections of this ordinance. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off-street parking requirements. Covered or enclosed parking may be a part of the dwelling structures or an accessory building. Tandem parking spaces shall be permitted to satisfy parking requirement provided they are located in front of a garage and have minimum dimensions of nine feet by twenty feet. •Gasoline Station: Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. A convenient store portion of a gas station shall be parked at a ratio of one parking space per 250 square feet of gross floor area. •Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided. Page 84 Item 6. Page | 50 Planned Development No. 67 •Medical or Dental Office: One space per 250 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals. •Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One space per 250 square feet of gross floor area. •Restaurant, Cafe or Similar Dining Establishment: One parking space for each 100 square feet of gross floor area. 6.4 DETENTION PONDS Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If there are no prohibitive regulatory permitting issues or design constraints, these ponds will be constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintain a constant pool elevation. Detention ponds located in less visible locations shall be fully vegetated with turfgrass and designed to drain completely and allow ease of maintenance. All visible outfall structures shall be faced with stone. 6.5 LANDSCAPING 6.5.1 General. All required landscape areas shall comply with the specific standards contained in the Town of Prosper Zoning Ordinance except as noted herein. 6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the land uses specified below. a.Non-Residential and Mixed Use. These standards apply to Non-Residential and Mixed-Use land uses. 1.All retail buildings which back to US 380 shall be screened with the planting of a double row of evergreen trees such as eastern red cedars or other similar tree that will provide a continuous screen. The evergreen trees used for the screen shall be a minimum of 8-foot-tall at the time of planting. There will also be additional berming and planting of smaller shrubs and trees within the water line easements along Highway 380 to the extent allowed by the Town. Page 85 Item 6. Page | 51 Planned Development No. 67 2.Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of four caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. The placement of any items in the public right-of-way is subject to the approval of the Town’s staff. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. b. Multifamily. These standards apply to multifamily land uses. 1.Perimeter Requirements. (a)Thoroughfares. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on Lovers Lane, Coleman Street, and Richland Boulevard. A maximum deviation of five feet of the minimum width of the landscape area is permitted, provided the minimum average width of 25 feet or 30 feet; respectively, is maintained. One Large Tree, four-inch caliper minimum per 30 lineal feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing based on species. A minimum of 15 shrubs with a minimum size of five gallons each will be planted in the landscape area for each 30 lineal feet of frontage. Parking abutting the landscape area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Page 86 Item 6. Page | 52 Planned Development No. 67 (b)Collectors or Other Roadway. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 15 feet in width measured from the property line interior to the property shall be provided adjacent to all other collector streets, where on-street parking is not provided. A maximum deviation of three feet of the minimum width of the landscape area is permitted, provided the minimum average width of ten feet is maintained. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of three caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. 2. Interior Parking. Any multifamily surface parking area shall provide interior landscaping as follows: (a)Twenty square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area. (b)All landscaped areas shall be protected by a raised 6-inch concrete curb. Pavement shall not be placed closer than four feet from the trunk of a tree unless a Town approved root barrier is utilized. (c)Landscape islands shall be located at the terminus of all parking rows, and shall contain at least one Large Tree, four-inch caliper minimum, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. The maximum number of continuous parking spaces may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (d)Landscape islands shall be a minimum of 160 square feet, not less than nine feet wide and a length equal to the abutting space. (e)There shall be at least one Large Tree, three-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (f)Subject to approval by the Director of Development Services or his/her designee, landscape islands may be grouped to form one large island. Grouping for large islands is prohibited adjacent to public street frontage. Page 87 Item 6. Page | 53 Planned Development No. 67 6.6 SIGNAGE (g)These standards shall not apply to structured parking facilities. 3. Building Landscaping. Foundation plantings of a single row of shrubs are required along the front façade of all buildings adjacent to a public street. 4. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows: (a)Irrigation lines shall be placed a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. (b)Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. (c)Rain, freeze, and wind detectors shall be installed on all irrigation lines. The developer will follow the Town’s standard signage ordinance with the understanding it can create a special purpose sign district per Section 1.12 of the Town’s sign ordinance for each development phase to meet the unique needs of the overall development. 6.7 PERMITTED USE MATRIX SUBDISTRICT RESIDENTIAL USES 1 2 3 4 Mobile and /or Manufactured Homes Model Home    Multifamily Dwelling (including loft, work/live units and studio apartments)   Private Street Development (excluding MF) S S S Retirement Community Residential Development (RCRD Housing) S S S Single Family Dwelling, Attached (Townhome)   Retirement Housing 12 Single Family Dwelling, Detached  Two Family Dwelling (Duplex) SUBDISTRICT ACCESSORY & INCIDENTAL USES 1 2 3 4 Accessory Building     Caretaker's/Guard's Residence Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL Electronic security facilities including gatehouse and control counter    Garage Apartment (not to be rented)  Guest House (see conditions in Zoning Ordinance; over .5 acre lot)  Homebuilder Marketing Center 1 1 1 1 Home Occupation 2 2 2 Page 88 Item 6. Page | 54 Planned Development No. 67 SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk    Mobile Food Vendor Retail/Service Incidental Use     Storage Facilities and uses (incidental to primary use)   Temporary Building – see conditions in Town Zoning Ord. (Section 2.0) S S S S EDUCATIONAL, INSTITUTIONAL, PUBLIC AND SPECIAL USES SUBDISTRICT 1 2 3 4 Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3 Athletic Stadium or Field, Public    Cemetery or Mausoleum Civic/Convention Center    College, University, Trade, or Private Boarding School    Community Center     Farm, Ranch, Stable, Garden, or Orchard  Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority   Helistop S S Rehabilitation Care Institution 14 14 Hospital   Household Care Facility S S  House of Worship     Municipal Uses Operated by the Town of Prosper     Museum/Art Gallery    Open Storage – see conditions in Town Zoning Ord.   Park or Playground     Private Recreation Center     Public Recreation Facilities     Rehabilitation Care Facility Rehabilitation Care Institution School, Public     School, Private or Parochial    S TRANSPORTATION, UTILITY AND COMMUNICATIONS USES SUBDISTRICT 1 2 3 4 Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4 Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Electric Power Generating Plant Page 89 Item 6. Page | 55 Planned Development No. 67 TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 Landfill Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed     Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S Telephone Exchange    S Transit Center S S Utility Distribution/Transmission Facility S S S S Water Treatment Plant S S S S SUBDISTRICT OFFICE AND PROFESSIONAL USES 1 2 3 4 Administrative, Medical, or Professional Office    Corporate Campus   Governmental Office    Insurance Office    Multi-Tenant Office Building    Research and Development Center –see conditions in Town Zoning Ord. S S S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps    Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor    Farmer's Market S S S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    Pawn Shop Retail Stores and Shops    18, S 18, S 18, S 18 18 18 18 18, S 18 18, S 18 18 18 Page 90 Item 6. Page | 56 Planned Development No. 67 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   Bank, Savings and Loan, or Credit Union    Beauty Salon/Barber Shop    Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    Contractor's Shop and/or Storage Yard Dance Hall S S Day Care Center, Adult S S S Day Care Center, Child 7 7 7 7 Day Care Center, In-Home 8 8 8 Day Care Center, Incidental S S S S Dinner Theater    Dry Cleaning, Minor    Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    Health/Fitness Center    Hotel – see conditions in Town Zoning Ord., 17   Household Appliance Service and Repair    Indoor Gun Range 9 9 9 Landscaping Service Laundromat    Locksmith/Security System Company    Massage Therapy, Licensed    Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics    Messenger/Courier and Telegraph Services    Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops   Pet Day Care – see conditions in Town Zoning Ord.    Print Shop, Minor    18 18 18 18 18 18 18 18 18 Page 91 Item 6. Page | 57 Planned Development No. 67 SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    Veterinarian Clinic and/or Kennel, Outdoor SUBDISTRICT AUTOMOBILE AND RELATED USES 1 2 3 4 Auto Parts Sales, Inside    Auto Parts Sales, Outside Automobile Parking Lot/Garage    Automobile Paid Parking Lot/Garage    Automobile Repair, Minor   Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash  S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal SUBDISTRICT WHOLESALE USES 1 2 3 4 Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Mini-Warehouse/Public Storage S Office/Showroom 15 18 18 18 Page 92 Item 6. Page | 58 Planned Development No. 67 SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15 Storage or Wholesale Warehouse 15 Winery S SUBDISTRICT MANUFACTURING AND INDUSTRIAL USES 1 2 3 4 Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL General Manufacturing/Industrial Use Complying with Performance Standards 15 Limited Assembly and Manufacturing Use Complying with Performance Standards 15 Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center S Recycling Plant Trailer/Mobile Home Display and Sales LEGEND  Use permitted in district indicated Use prohibited in district indicated S Use is permitted in district upon approval of a specific use permit 1 Use is permitted in the Subdistrict indicated in accordance with the conditional development standards or limitations in the corresponding numeric end note in Section 6.6.1 of this Ordinance. {This space intentionally left blank} Page 93 Item 6. Page | 59 Planned Development No. 67 6.7.1 Conditional Development Standards. 1.Homebuilder Marketing Center. Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold. 2.Home Occupation. A home occupation is a business that is customarily carried on in a home by the resident and shall adhere to all of the following conditions and requirements: (a)No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. (b)Only two employees other than the occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. (c)Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. (d)Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. (e)No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. (f)The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. (g)A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. (h)No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. (i)No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. (j)No storage of hazardous materials for business purposes shall be allowed on the premises. (k)Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. (l)No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. 3.Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial. Page 94 Item 6. Page | 60 Planned Development No. 67 4. Antenna, Non-Commercial. (a) Satellite Dishes and Wireless Broadband Antennas (1)In Subdistrict 4 (Single Family Detached), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (2)In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (b)Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 45 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story. 5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses within a Subdistrict only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth antennas are permitted by right in the non-residential districts. The Director of Development Services, or his/her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance (Ordinance 05-20). For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial Page 95 Item 6. Page | 61 Planned Development No. 67 antenna is a stealth antenna or not when considering site plan approval for the proposal. 6.School District Bus Yard. A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be screened using one of the following methods: (a)Option 1 (1) A six (6) foot ornamental metal fence, (2)Three (3) inch caliper evergreen trees on twenty (20) foot centers, and (3)Five (5) gallon evergreen shrubs on three (3) foot centers. (b)Option 2 (1) A six (6) foot clay-fired brick wall, and (2)Three (3) inch caliper evergreen trees on twenty (20) foot centers. 7.Day Care Center, Child. Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center, Child not operated by a public independent school district is permitted by SUP in all Subdistricts. 8.Day Care Center, In-Home. Permitted by right as a home occupation in the designated Subdistricts and is subject to the regulations of Home Occupation. 9.Shall be permitted by right when serving as a complementary use to a primary use. Shall not be subject to the limitations of a maximum of 15% of a main use. Other similar uses not specifically defined may also be permitted. Primary use sales/services may only be allowed by S.U.P. 10.Limited to one at each of the following intersections: Lover’s Lane at Preston, First Street at Preston, and Lover’s Lane at Coleman Street. 11.Shall be limited to high-end or specialty automobile sales and shall have limited out door model displays. A maximum of two rows of display parking (one drive) is allowed along any street frontage. The use shall only be allowed if permitted by SUP. 12. Only allowed in Subdistrict 4 as detached units. 13.Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards. a. Accessory gas pumps must be located on the same lot as a big box tenant. b.A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet in floor area. c. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. Page 96 Item 6. Page | 62 Planned Development No. 67 1.For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Future Land Use Plan. 2.Accessory gas pumps do not have to meet the spacing requirement if: i.A major thoroughfare separates the accessory gas pumps from the residential lot; or ii.The Future Land Use Plan designates a lot as residential, but Town Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot. d.Canopies shall have pitched roofs. e.Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building. f.The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage. 14. Requires a S.U.P. if located within 250 feet of single family detached zoning. 15.Uses only allowed west of railroad. 16. Limited to 3 locations on the east side of Preston and 3 locations on the west side of Preston and no more than 2 adjacent to each other. Additional drive-through restaurants are permitted subject to approval of a Specific Use Permit (SUP). 17. Subject to conditions in Town Zoning Ord., except as follows: a. Hotels in Subdistrict 1, as shown on Exhibit D, shall have a maximum height of eighty feet (80’). 18.Use is permitted only within Commercial tract of this subdivision in addition to any other conditions listed. {This space intentionally left blank} Page 97 Item 6. Page | 63 Planned Development No. 67 7.0 INFRASTRUCTURE DESIGN STANDARDS 7.1 GENERAL Due to the unique and dynamic nature of Town Center Developments, there are a number of design elements that deviate from standard suburban design criteria. Therefore, it is understood that that alternate design criteria may be utilized in the layout and design of this Planned Development. The design criteria may include such elements as design speeds for streets, street and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains, etc.), alternative storm pipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth Metroplex as previously referenced herein or as determined to be comparable developments. Such standards must be approved by the Town’s Engineering Department. Page 98 Item 6. Page | 64 Planned Development No. 67 8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is attached to but secondary to a main non-residential structure and is generally located above the first floor of the structure. Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area generally associated with the creative arts and which may consist of a single room or series or rooms. Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building. Catering Establishment. An establishment where food and drink are prepared, for immediate off premises consumption. Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses. Dinner Theater. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical or live performance where food and drink are prepared and consumed on the premises during the event. Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure. The dwelling area calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches unenclosed on one or more sides. EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls. Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. There shall be no maximum distance for the required width from the front property line. Landscape Service. Professional service focused on the design and/or installation of landscaping in either a commercial or residential application. The service may include open storage of the materials and equipment used in the process of landscape installation. Messenger / Courier Service. Premium service specializing in the personal delivery of messages, packages and mail. Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract of land or a building. For the purposes of this Planned Development, a Mixed-Use Land Use shall include a minimum of two individual land uses (residential/non-residential; retail/multi- family; office/multi-family; etc.). Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels. Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and Page 99 Item 6. Page | 65 Planned Development No. 67 intended to accommodate multifamily residential uses, including both for-sale and rental units. Parking can be either surface parking and/or structural parking. Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in Section 6.6 of this Ordinance and similar uses. Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment that is either for sale on the premises or is used in the normal course of doing business or conducting a business service. Pest Control / Extermination Service. Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecology or the economy. The service may include open storage of the materials and equipment used in the process of performing the service. Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Retirement Housing. Any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care. Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this Ordinance and similar uses. Security Facilities (including gatehouse and control counter). A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controlling incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it may only house electronic surveillance equipment. Storage Facility. A freestanding or attached structure which is part of a larger commercial or residential development that’s primary function is to store material or equipment necessary for the ongoing maintenance or upkeep of the development which it is associated with. Townhome. A structure containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall. Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work. Page 100 Item 6. Page | 66 Planned Development No. 67 EXHIBIT “E” Development Schedule Page 101 Item 6. Page | 67 Planned Development No. 67 Development Schedule It is currently anticipated that the development of Gates of Prosper will begin within two to four years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15 years and is primarily dependent on the marketability of the highest and best use of the land for the respective land tracts. Progress of development improvements will primarily depend on the time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily and townhome residential units in Subdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 300,000 square feet of commercial/retail development has been issued tenant certificates of occupancy by the Town. The required commercial/retail development may include regional retail anchors, a town center mixed-use component, a major multi-purpose medical center with emergency care facilities, a mall, a hotel, or another major development anchor as determined by Town Council. Incorporation of residential units into a mixed-use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Page 102 Item 6. Page | 68 Planned Development No. 67 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Page 103 Item 6. Page | 69 Planned Development No. 67 Supplemental DESIGN PRINCIPLES The Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper” is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinforce a uniform spirit and character throughout the development while promoting fresh and visionary diversity. •Subdistricts have been carefully planned to maximize vehicular access to transportation arteries and pedestrian access to future transit systems. •Subdistricts are designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area. •Each Subdistrict can have its own identity yet still create a sense of belonging through use of consistent iconic markers, streetscape designs, landscape forms, signage, lighting and architectural building standards. These elements should allow Subdistricts to transition seamlessly from one to the next. •Public amenities including parks, trails, plazas, interactive areas and gateways are planned to serve as venues for recreation, entertainment and social interaction. •Pedestrian ways should be memorable through their use of landscaping and lighting, and by incorporating shade, street furnishings and other sidewalk amenities. Page 104 Item 6. Page | 70 Planned Development No. 67 SITE DESIGN The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and as a quality environment that resonates a “sense of place”. This design contributes to the overall identity which adds value to the project as well as the entire community. To promote these benefits the design has incorporated following features: •Street design and streetscapes including boulevards connecting and traversing through the different subdistricts. •Gateway icons that announce entry into and welcome residents and guests to the development. Wayfinding markers that give direction within the development and reinforce the quality of the development. •Public areas that are accessible and provide for a variety of entertainment and recreational experiences. •Subdistricts that allow for a crossover of uses while concentrating like uses for the convenience of residents and guests. SUBDISTRICT DESIGN •Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. •Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. •Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts. •Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town and add a complimentary use to the overall development. Page 105 Item 6. Page | 71 Planned Development No. 67 BUILDING DESIGN Building design is only one element that contributes to the fabric of a community. Although building design can be the most effective means of translating the character, it has to work in concert with all other designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in building design within the limits of a few design criteria. BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component parts, including the size of its footprint, its height, its proportions and its relationship to surrounding buildings. Individual characteristics of mass and scale include: •Form: A buildings form should have a relationship to the proposed streetscape that contributes to a comfortable environment and pleasing pedestrian experience. Its form should also be in context with surrounding buildings. •Shape: A buildings shape should incorporate variations in height, rooflines and wall planes and be expressive without seeming unnatural. •Scale: The use may be a determining factor in the size of a building. Incorporating special design techniques can reduce the apparent scale of a structure, such as: a.Subdividing the façade of the building into top, bottom and middle components. b.Using overhangs and shadow lines to create a sense of depth. c.Changing building finishes or colors at logical breakpoints. d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses. BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form of architectural articulation as described in other sections of this document. Architectural articulation can be achieved in a variety of traditional and imaginative ways. The intent is to allow creative architectural notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of design and identity within subdistricts while maintaining high standards for the overall development. ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together, form the architectural style of buildings. Architectural elements typically include compositions of forms and shapes, patterns of windows, doors, roofs and awnings but can also include compositions of materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the overall development. Page 106 Item 6. Page | 72 Planned Development No. 67 FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures, and details, shall be used to contribute to the architectural character of the development. •All Retail except Major Anchor Retail shall have ground level storefront extending across a minimum of 50% of front façade length. Other uses shall have window treatments appropriate for their use. •On secondary sides of retail buildings, windows do not need to be provided at ground level; however, buildings should avoid monotonous, uninterrupted walls by incorporating articulation standards as outlined in other sections of this document. A variety of offsets, recesses, etc. shall be used to add variety and interest to the building and eliminate long blank walls. •Same or similar materials will be used on major as well as minor sides of the building to ensure a continuity of the building on all sides. LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will greatly enhance the overall ambiance of the development. Security lighting shall be installed per the codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined in the Town’s Zoning Ordinance as it currently exists or as amended there to. PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to visually identify with the rest of the project. Page 107 Item 6. Page | 73 Planned Development No. 67 Public Realm Design The public realm exists at the intersections of the various aspects of community living. It consists of areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks, plazas and parks are all components of the public realm, and help create a pedestrian network. This network should be given priority over the street network (vehicle access) and provide visible connections to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian traffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic. The street network should provide connectivity as well as flexibility for future development and be able to accommodate a pedestrian network with appropriate shading from trees and built structures. Other streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and recycling, water features and various art and performance media shall contribute to the pedestrian experience. This shall be in accordance with unified landscaping and streetscape plans. Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological value and appearance of the development. By providing space for recreation, they promote community and gathering and can enhance value for retail, restaurant and residential uses. Page 108 Item 6. Page | 74 Planned Development No. 67 URBAN Residential Development Guidelines Residential units shall be located in a manner that will provide privacy for residents by one or several of the following: •Provide a small landscaped front setback •Raise or lower the finished ground level relative to the sidewalk level •Allow for encroachment by stoops, stairs and porches within the area between the front façade and the property line ARCHITECTURAL ELEMENTS •Residential buildings shall have relatively little horizontal articulation and simple roofs, with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies and similar extensions are exempt from this standard. •Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building. •Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys, may be provided. PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off-street parking may also be accessed via other public/private streets along the front property line. Page 109 Item 6. Page | 75 Planned Development No. 67 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Page 110 Item 6. BUSINESS 289 SECOND STREET FIRST STREET FIRST STREET FIRST STREET PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 71.43 GROSS ACRES 62.09 NET ACRES PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES SECOND STREET SITE FIRST STREET PROPOSED LOVERS LANE FUTURE LOVERS LANE U.S. STATE HIGHWAY 380 LOCATION MAP NOT TO SCALE Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Legend PD-SUBDISTRICT 1 (REGIONAL RETAIL). 173.19 GROSS ACRES 136.49 NET ACRES R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.C.C.T. = Deed Records of Collin County, Texas F.L.U.P. = Future Land Use Plan PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 217.83 GROSS ACRES 190.69 NET ACRES RICHAND DRIVE GRAPHIC SCALE IN FEET 300' 0 150' 300' 600' 1"=300'' @ 24"X36" POINT OF BEGINNING U.S. HIGHWAY 380 EXHIBIT "A" FOR ZONING CASE NO. Z18-0003 GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B.RENISON SURVEY, ABSTRACT NO. 755 J.YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Applicant: Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, TX 75069 Owner: 380 & 289 LP 1 Cowboys Way Owner: 183 Land Corporation, Inc. 1 Cowboys Way 106 West Louisiana Street McKinney, Texas 75069 FIRM # 10115500 Tel. No. (469)-201-2590 Copyright © 2018 Kimley-Horn and Associates, Inc. Ph. 469-301-2590 Contact : Joe Riccardi Frisco, TX 75034 Ph. 972-497-4367 Frisco, TX 75034 Ph. 972-497-4367 Scale Drawn by Checked by Date Project No. Sheet No. All rights reserved 1" = 300' DAB JCR May 2018 068109030 1 OF 2 CROCKETT COLEMAN STREET COLEMAN STREET CHURCH CRAIG ROAD DALLAS NORTH TOLLWAY CROCKETT BUSINESS 2HALL COLLEGE LOVERS LANE DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\ARCHIVE\GATES ZONING EXHIBIT-01.DWG PLOTTED BY TEDESCO, JOHN 5/8/2018 12:01 PM LAST SAVED 5/8/2018 11:57 AM Page 111 Item 6. EXHIBIT A LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk's File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100' ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11°23'13" East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89°15'40" West, a distance of 123.47 feet to a point for corner; North 00°57'41" West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to wit: North 89°37'06" East, a distance of 509.94 feet to a point for corner; South 86°07'09" East, a distance of 202.29 feet to a point for corner; North 89°38'54" East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00°45'07" West, a distance of 313.06 feet to a point for corner; North 89°29'33" East, a distance of 481.12 feet to a point for corner; North 00°21'57" West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89°38'54" East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00°06'52" East, a distance of 314.43 feet to a point for corner; North 89°49'10" East, a distance of 189.92 feet to a point for corner; North 00°09'58" West, a distance of 104.29 feet to a point for corner; North 89°41'07" East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00°05'32" East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89°56'58" East, a distance of 257.38 feet to a point for corner; North 02°09'39" East, a distance of 71.99 feet to a point for corner; North 89°18'22" East, a distance of 555.18 feet to a point for corner; South 00°58'50" East, a distance of 673.52 feet to a point for corner; South 76°42'56" East, a distance of 185.47 feet to a point for corner; South 76°51'24" East, a distance of 321.53 feet to a point for corner; South 89°06'24" East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00°04'32" East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89°30'30" East, a distance of 205.11 feet to a point for corner; North 00°05'59" West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89°31'34" East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01°02'13" East, a distance of 1546.12 feet to a point for corner; South 89°20'50" West, a distance of 899.18 feet to a point for corner; South 32°50'09" West, a distance of 339.04 feet to a point for corner; North 54°21'33" West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 - variable width ROW); THENCE with said east right-of-way line, South 33°37'47" West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way line, he following courses and distances to wit: South 54°19'15" East, a distance of 408.23 feet to a point for corner; South 00°03'08" East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89°12'47" West, a distance of 2794.95 feet to a point for corner; South 89°46'43" West, a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT "A" FOR ZONING CASE NO. Z18-0003 GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B.RENISON SURVEY, ABSTRACT NO. 755 J.YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Applicant: Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, TX 75069 Ph. 469-301-2590 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 106 West Louisiana Street McKinney, Texas 75069 FIRM # 10115500 Tel. No. (469)-201-2590 Copyright © 2018 Kimley-Horn and Associates, Inc. Contact : Joe Riccardi Ph. 972-497-4367 Ph. 972-497-4367 Scale Drawn by Checked by Date Project No. Sheet No. All rights reserved N/A DAB JCR May 2018 068109030 2 OF 2 DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\ARCHIVE\GATES ZONING EXHIBIT-01.DWG PLOTTED BY TEDESCO, JOHN 5/8/2018 12:01 PM LAST SAVED 5/8/2018 11:57 AM Page 112 Item 6. APPENDIX A-1—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a-1” Planned Development No. 67 P a g e | 78 Page 113 Item 6. PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET SECOND STREET BUSINESS 289CHURCHPROPOSED LOVERS LANE POINT OF BEGINNING CRAIG ROADFIRST STREET FUTURE LOVERS LANE RICHAND DRIVECOLEMAN STREETCOLEMAN STREETHATCHED AREA IS LIMITS OF PD REVISION SUB DISTRICT LINE SUB DISTRICT 1 A-1 AREA 44.14 ACRES SUB DISTRICT 2 PD-SUBDISTRICT 3 (DOWNTOWN CENTER) 111.81 GROSS ACRES 92.38 NET ACRES PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 71.43 GROSS ACRES 64.85 NET ACRES PD-SUBDISTRICT 1 272.25 GROSS ACRES 221.54 NET ACRES PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 118.77 GROSS ACRES 108.76 NET ACRES PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.37 NET ACRES A-2 AREA 12.86 ACRES SOUTHWEST CORNER OF JOHN YARNELL SURVEY, ABSTRACT NO. 1038, BEARS S 83°50' E, 161.7' Copyright © 2021 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT "A-1" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 44.14 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210211 - GATES ZONING EXHIBIT A-1.DWG PLOTTED BY BECKLER, RACHEL 3/3/2021 8:55 AM LAST SAVED 3/3/2021 8:28 AM GRAPHIC SCALE IN FEET 0300'150' 300'600' 1"=300'' @ 24"X36" Legend R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.C.C.T. = Deed Records of Collin County, Texas F.L.U.P. = Future Land Use Plan Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Applicant: Kimley-Horn and Associates, Inc. 260 East Davis St, Suite 100 McKinney, TX 75069 Ph. 469-301-2580 Contact : Joe Riccardi Scale Drawn by RAB1" = 300' Checked by Date Project No.Sheet No. McKinney, Texas 75069 260 EAST DAVIS ST, SUITE 100 Tel. No. (469)-301-2580FIRM # 10115500 RAK 1 OF 2Feb 2021 068109030 BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.147, the Ben Renison Survey, Abstract No. 755, and the John Yarnell Survey, Abstract No. 1038, the Town of Prosper, Collin County, Texas and being a portion of Block B, Lot 1 and Lot 2 of the Gates of Prosper, Phase 2, an addition to the Town of Prosper, according to the Conveyance Plat recorded in Volume 2020, Page 807 of the Plat Records of said county, same being a part of Tract 2, a called 4.448 acres tract described in a Warranty Deed to GOP #2 LLC, as recorded in Instrument No. 20190605000641620 of the Official Public Records of said county, a part of a called 157.1346 acres tract described in a Deed to 289 (Preston) & 380, LP, as recorded in 20121221001629970 and 20121221001629970 of said Official Public Records, a part of Tract Seven, a called 123.850 acres tract described in Deed to 289 (Preston) & 380 L.P., as recorded in Instrument No. 2019011800061180 of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for the southerly, southeast corner of said Block b, Lot 2, same being at the intersection of the northwesterly right-of-way line of State Highway 289 (Preston Road) (variable width Right-of-way) with the northerly right-of-way line of University Drive (U. S. Highway 380) (variable width Right-of-way); THENCE along the northerly right-of-way line of said University Drive (U. S. Highway 380) and the southerly line of said Lot 2, the following courses and distances: South 89°12'09" West, a distance of 792.64 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 84°43'41" West, a distance of 92.74 feet to a 1/2 inch iron rod found for corner; North 89°50'14" West, a distance of 430.49 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 87°55'41" West, a distance of 42.02 feet to a point for corner; THENCE North 00°00'00" East, departing the northerly right-of-way line of said University Drive (U. S. Highway 380), the southerly line of said Lot 2, crossing said Lot 2, a distance of 923.23 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 4°02'38", a radius of 850.00 feet, a chord bearing and distance of South 87°58'41" East, 59.98 feet; THENCE in an easterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 59.99 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, a distance of 747.44 feet to a point at the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 650.00 feet, a chord bearing and distance of North 45°00'00" East, 919.24 feet; THENCE in a northeasterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 1021.02 feet to a point for corner; THENCE South 00°00'00" East, continuing across said Lot 2, a distance of 301.08 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, passing the common line of said Lot 2 and aforesaid Block b, Lot 1, continuing across said Lot 1, a distance of 927.55 feet to a point for corner; THENCE South 52°50'32" East, continuing across said Lot 1, a distance of 25.77 feet to a point for corner on the southeasterly line of said Lot 1 and the northwesterly right-of-way line of aforesaid State Highway 289 (Preston Road); THENCE along the northwesterly right-of-way line of said U. S. Highway 289 (Preston Road), the southeasterly line of said Lot 1 and the southeasterly line of aforesaid Lot 2, the following courses and distances: South 37°09'28" West, a distance of 358.47 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 44°07'24" West, a distance of 418.54 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 60°08'40" West, a distance of 32.61 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner; South 89°43'04" West, passing at a distance of 30.16 feet, a 1/2 inch iron rod found for the most westerly southwest corner of the aforementioned Tract Seven, continuing a total distance of 59.48 feet to a 5/8 inch iron rod found; South 10°42'09" West, a distance of 261.71 feet to a TxDot aluminum disk found for corner; South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 13°02'09" West, a distance of 142.64 feet to a TxDot aluminum disk found for corner; South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and containing 44.137 acres (1,922,620 square feet) of land, more or less. Page 114 Item 6. Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210211 - GATES ZONING EXHIBIT A-1.DWG PLOTTED BY BECKLER, RACHEL 3/3/2021 8:16 AM LAST SAVED 3/1/2021 9:05 PM BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.147, the Ben Renison Survey, Abstract No. 755, and the John Yarnell Survey, Abstract No. 1038, the Town of Prosper, Collin County, Texas and being a portion of Block B, Lot 1 and Lot 2 of the Gates of Prosper, Phase 2, an addition to the Town of Prosper, according to the Conveyance Plat recorded in Volume 2020, Page 807 of the Plat Records of said county, same being a part of Tract 2, a called 4.448 acres tract described in a Warranty Deed to GOP #2 LLC, as recorded in Instrument No. 20190605000641620 of the Official Public Records of said county, a part of a called 157.1346 acres tract described in a Deed to 289 (Preston) & 380, LP, as recorded in 20121221001629970 and 20121221001629970 of said Official Public Records, a part of Tract Seven, a called 123.850 acres tract described in Deed to 289 (Preston) & 380 L.P., as recorded in Instrument No. 2019011800061180 of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for the southerly, southeast corner of said Block b, Lot 2, same being at the intersection of the northwesterly right-of-way line of State Highway 289 (Preston Road) (variable width Right-of-way) with the northerly right-of-way line of University Drive (U. S. Highway 380) (variable width Right-of-way); THENCE along the northerly right-of-way line of said University Drive (U. S. Highway 380) and the southerly line of said Lot 2, the following courses and distances: South 89°12'09" West, a distance of 792.64 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 84°43'41" West, a distance of 92.74 feet to a 1/2 inch iron rod found for corner; North 89°50'14" West, a distance of 430.49 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 87°55'41" West, a distance of 42.02 feet to a point for corner; THENCE North 00°00'00" East, departing the northerly right-of-way line of said University Drive (U. S. Highway 380), the southerly line of said Lot 2, crossing said Lot 2, a distance of 923.23 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 4°02'38", a radius of 850.00 feet, a chord bearing and distance of South 87°58'41" East, 59.98 feet; THENCE in an easterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 59.99 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, a distance of 747.44 feet to a point at the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 650.00 feet, a chord bearing and distance of North 45°00'00" East, 919.24 feet; THENCE in a northeasterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 1021.02 feet to a point for corner; THENCE South 00°00'00" East, continuing across said Lot 2, a distance of 301.08 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, passing the common line of said Lot 2 and aforesaid Block b, Lot 1, continuing across said Lot 1, a distance of 927.55 feet to a point for corner; THENCE South 52°50'32" East, continuing across said Lot 1, a distance of 25.77 feet to a point for corner on the southeasterly line of said Lot 1 and the northwesterly right-of-way line of aforesaid State Highway 289 (Preston Road); THENCE along the northwesterly right-of-way line of said U. S. Highway 289 (Preston Road), the southeasterly line of said Lot 1 and the southeasterly line of aforesaid Lot 2, the following courses and distances: South 37°09'28" West, a distance of 358.47 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 44°07'24" West, a distance of 418.54 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 60°08'40" West, a distance of 32.61 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner; South 89°43'04" West, passing at a distance of 30.16 feet, a 1/2 inch iron rod found for the most westerly southwest corner of the aforementioned Tract Seven, continuing a total distance of 59.48 feet to a 5/8 inch iron rod found; South 10°42'09" West, a distance of 261.71 feet to a TxDot aluminum disk found for corner; South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 13°02'09" West, a distance of 142.64 feet to a TxDot aluminum disk found for corner; South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and containing 44.137 acres (1,922,620 square feet) of land, more or less. EXHIBIT "A-1" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 44.14 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale Drawn by RABN/A Checked by Date Project No.Sheet No. RAK 2 OF 2Feb 2021 068109030 FIRM # 10115500 Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 McKinney, Texas 75069 260 EAST DAVIS ST, SUITE 100 Tel. No. (469)-301-2580 Applicant: Kimley-Horn and Associates, Inc. 260 East Davis St, Suite 100 McKinney, TX 75069 Ph. 469-301-2580 Contact : Joe Riccardi Page 115 Item 6. APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” Planned Development No. 67 P a g e | 80 Page 116 Item 6. Page 117 Item 6. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between 380 & 289, L.P., and the Town of Prosper, Texas, related to the Gates of Prosper. Description of Agenda Item: On April 13, 2021, the Town Council approved a zoning request Z21-0001 related to development within the Gates of Prosper, specifically providing a commercial tract within Subdistrict 4 of Planned Development-67 (PD-67). The zoning request was approved by a vote of 6-0, subject to approval of a development agreement regarding package liquor stores. A Development Agreement has been prepared accordingly. 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 2. Exhibit A-Property Description Staff Recommendation: Staff recommends the Town Council authorizing the Town Manager to execute a Development Agreement between 380 & 289, L.P., and the Town of Prosper, Texas, related to the Gates of Prosper. Proposed Motion: I move to authorizing the Town Manager to execute a Development Agreement between 380 & 289, L.P., and the Town of Prosper, Texas, related to the Gates of Prosper. Prosper is a place where everyone matters. PLANNING Page 118 Item 7. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and 183 Land Corporation, Inc., a Texas corporation (“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 developing an approximate 5.5-acre commercial tract (the “Property”), a depiction of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the foregoing Property was rezoned by the Town Council on or about April 13, 2021, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Owner’s reasonable investment-backed expectations in the Development, as may be amended, and as more fully described herein; and WHEREAS, subject to the terms of this Agreement, Owner agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any package liquor store that sells any alcoholic beverages for off-premise consumption. 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. Package Liquor Stores Prohibited. Owner agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any package liquor store, which is defined for purposes of this Agreement as any business entity that is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for off-premise consumption. 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. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Owner and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other owners of the Property, regardless of whether this Agreement is expressly referenced therein. Page 119 Item 7. 2 3. Applicability of Town Ordinances. Owner shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 4. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages. 5. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 6. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Manager If to Owner: 183 Land Corporation, Inc. One Cowboys Way Frisco, Texas 75034 Attention: _______________ 7. 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). 8. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes Page 120 Item 7. 3 all prior agreements, oral or written, with respect to the subject matter here of. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 9. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 10. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 11. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Owner warrants and represents that the individual executing this Agreement on behalf of Owner has full authority to execute this Agreement and bind Owner to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 12. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. 13. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 14. Notification of Sale or Transfer; Assignment of Agreement. Owner 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. Owner has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner 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 Owner. Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor owner assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Owner shall release Owner from any liability that resulted from an act or Page 121 Item 7. 4 omission by Owner that occurred prior to the effective date of the assignment. Owner shall maintain true and correct copies of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 15. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 16. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 17. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 18. 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. 19. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor owner of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 20. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. Page 122 Item 7. 5 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 ______________, 2021, 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 123 Item 7. 6 OWNER: 183 LAND CORPORATION, INC. By: _____________________________ Name: __________________________ Title: ___________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2021, by _______________ in his capacity as __________ of 183 Land Corporation, Inc., 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 124 Item 7. 7 EXHIBIT A (Property Depiction) Page 125 Item 7. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon an ordinance amending Subdistrict 1 of Planned Development-67 (PD-67), on 44.1± acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards, and concept plan. (Z21-0004). Description of Agenda Item: On April 13, 2021, the Town Council approved the proposed rezoning request, by a vote of 6-0. 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. Ordinance Exhibits Town Staff Recommendation: Staff recommends the Town Council approve an ordinance amending Subdistrict 1 of Planned Development-67 (PD-67), on 44.1± acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards, and concept plan. Proposed Motion: I move to approve an ordinance amending Subdistrict 1 of Planned Development-67 (PD-67), on 44.1± acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards, and concept plan. Prosper is a place where everyone matters. PLANNING Page 126 Item 8. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 2021-10; REZONING A TRACT OF LAND CONSISTING OF 621.07 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, B. RENISON SURVEY, ABSTRACT NO. 755, AND J. YARNALL SURVEY, ABSTRACT NO. 1038, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-67 (PD-67), IS HEREBY AMENDED IN ITS ENTIRETY AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-67 (PD-67); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 and Ordinance 2021-10, should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from 183 Land Corporation and 289 (Preston) & 380, L.P. (“Applicant”) to rezone 621.07 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison Survey, Abstract No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 2021-10. Zoning Ordinance No. 05-20 is hereby amended and Ordinance No. 2021-10 is replaced in its entirety as follows: The zoning designation of the property containing 621.07 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison Survey, Abstract Page 127 Item 8. Ordinance No. 2021-__, Page 2 No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby amended in its entirety and rezoned as Planned Development-67 (PD-67). The Property as a whole and for this zoning classification is more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as Exhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule, attached hereto as Exhibit “E”; 5) and the supplemental design guidelines, attached hereto as Exhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. 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 Page 128 Item 8. Ordinance No. 2021-__, Page 3 separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF APRIL 2021. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 129 Item 8. Gates of Prosper Planned Development Ordinance Adopted by Ordinance No. 14-92 May 27, 2014 Amended in its Entirety by Ordinace No. 2021- April 27, 2021 Page 130 Item 8. Planned Development No. 67 P a g e | ii TABLE OF CONTENTS PROJECT FOUNDATION ..........................................................................................................1 Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1 ZONING REGULATIONS ...........................................................................................................2 Exhibit A—Zoning Exhibit & Legal Description ......................................................................................... 2 Exhibit A-1–Zoning Exhibit & Legal Description ........................................................................................ 3 Exhibit B—Statement of Intent and Purpose ................................................................................................ 8 Exhibit C—Planned Development Standards ............................................................................................... 9 Planned Development General Provisions ........................................................................................... 10 Subdistrict 1—Regional Retail ............................................................................................................. 11 Subdistrict 2—Lifestyle Center ............................................................................................................. 17 Subdistrict 3—Downtown Center ......................................................................................................... 28 Subdistrict 4—Residential Neighborhood ............................................................................................ 35 General Requirements .......................................................................................................................... 39 Permitted Use Matrix ........................................................................................................................... 44 Infrastructure Design Standards .......................................................................................................... 54 Definitions ............................................................................................................................................ 55 Exhibit E—Development Schedule ............................................................................................................ 57 Exhibit F—Supplemental Design Guidelines ............................................................................................. 59 Design Principles ................................................................................................................................. 60 Site Design ............................................................................................................................................ 61 Building Design .................................................................................................................................... 62 Public Realm Design ............................................................................................................................ 64 Urban Residential Development Guidelines ........................................................................................ 65 APPENDICES Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”) Appendix A-1–Zoning Exhibit & Legal Description (Exhibit “A-1”) Appendix B—Conceptual Development Plan (Exhibit “D”) Page 131 Item 8. Page | 1 Planned Development No. 67 RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are established in accordance with an adopted Comprehensive Plan. The proposed Planned Development being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s Comprehensive Plan. The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will lead to a more diverse tax base. It will be an environment which encourages a desired lifestyle for residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into the Town’s Old Town District. Page 132 Item 8. Page | 2 Planned Development No. 67 EXHIBIT “A” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A’ as Exhibit ‘A’. LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100’ ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89º15’40” West, a distance of 123.47 feet to a point for corner; North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner; North 89º38’54” East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º45’07” West, a distance of 313.06 feet to a point for corner; North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; Page 133 Item 8. Page | 3 Planned Development No. 67 North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89º56’58” East, a distance of 257.38 feet to a point for corner; North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner; South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01º02’13” East, a distance of 1546.12 feet to a point for corner; South 89º20’50” West, a distance of 899.18 feet to a point for corner; South 32º50’09” West, a distance of 339.04 feet to a point for corner; North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 – variable width ROW); THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way lien, the following courses and distances to wit: South 54º19’15” East, a distance of 408.23 feet to a point for corner; South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89º12’47” West, a distance of 2794.95 feet to a point for corner; South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. Page 134 Item 8. Page | 4 Planned Development No. 67 EXHIBIT “A-1” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A-1’ as Exhibit ‘A-1’. BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No. 147 and the Ben Renison Survey, Abstract No. 755, Town of Prosper, Collin County, Texas, and being a portion of a called “Tract Six”, conveyed to 183 Land Corporation, Inc., as evidenced in a Special Warranty Deed, recorded in County Clerk’s File No. 97-0005168 of the Deed Records of Collin County, Texas, a portion of a called “Tract Seven”, conveyed to 380 & 289, L.P., as evidenced in a Warranty Deed, recorded in Instrument No. 20121219001617180, Official Public Records of Collin County, Texas, and a portion of a called 157.1346-acre tract of land, conveyed to 289 (Preston) & 380, LP, as evidenced in Warranty Deeds, recorded in Instrument No. 20121221001629970 and Instrument No. 20121221001629980, both of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a TXDOT brass disk right of way monument found for the southerly, northeast corner of said “Tract Seven”, and being the intersection of the northwesterly right of way line of State Highway 289 (Preston Road), a variable width right of way with the westerly right of way line of South Craig Road, from said corner, a found wooden TXDOT right of way marker bears South 16°19’ West, 1.35 feet; THENCE South 33°38’18” West, along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 111.45 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.2813-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas, from said corner, a found wooden TXDOT right of way marker bears North 76°00’ East, 0.54 feet; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, the following: South 40°20’31” West, a distance of 85.55 feet to a corner; South 33°38’35” West, a distance of 300.00 feet to a corner; South 37°27’25” West, a distance of 300.67 feet to a corner; South 33°38’35” West, a distance of 208.89 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 33°38’35” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 91.11 feet to a corner; THENCE South 29°26’34” West, continuing along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.2813-acre tract, a distance of 200.54 feet to the southernmost corner of said 0.2813-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”, from said corner, a found wooden TXDOT right of way marker bears North 31°18’ East, 16.00 feet; Page 135 Item 8. Page | 5 Planned Development No. 67 THENCE South 35°04’16” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 385.16 feet to a corner, from which, a found wooden TXDOT right of way marker bears North 44°12’ East, 1.65 feet; THENCE South 33°38’20” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 300.00 feet to a TXDOT brass disk right of way monument found for a corner, from said corner, a found wooden TXDOT right of way marker bears South 07°00’ East, 2.25 feet; THENCE South 30°18’02” West, continuing along the southeasterly line of said “Tract Seven” and the northwesterly right of way line of said State Highway 289 (Preston Road), a distance of 392.59 feet to a TXDOT brass disk right of way monument found for the northerly corner of a called 0.0656-acre tract of land, as evidenced in a Deed to the State of Texas, recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County, Texas; THENCE in a southwesterly direction, departing the southeasterly line of said “Tract Seven”, and along the northwesterly right of way line of State Highway 289 (Preston Road), as described in said 0.0656-acre tract, the following: South 33°38’35” West, a distance of 323.03 feet to a corner; South 30°46’46” West, a distance of 100.13 feet to the southerly corner of said 0.0656-acre tract, and being on the southeasterly line of aforesaid “Tract Seven”; THENCE South 35°32’53” West, along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 85.20 feet to a corner; THENCE South 33°56’57” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 199.89 feet to a 5/8-inch iron rod found for a corner; THENCE South 37°09’28” West, continuing along the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), a distance of 42.31 feet to a corner; THENCE North 52°50’32” West, departing the southeasterly line of said “Tract Seven” and continuing along the northwesterly right of way line of State Highway 289 (Preston Road), crossing said “Tract Seven”, a distance of 25.77 feet to a corner; THENCE North 90°00’00” West, continuing across said “Tract Seven”, passing the westerly line of said “Tract Seven”, the easterly line of aforesaid 157.1346-acre, 289 (Preston) & 380, LP tract, and crossing a public use road known as South Coleman Street, a distance of 972.55 feet to a corner; THENCE in a northerly direction, continuing across said 157.1346-acre tract, the following: North 00°00’00” East, a distance of 431.84 feet to the point of curvature of a tangent curve to the left; Page 136 Item 8. Page | 6 Planned Development No. 67 Along the arc of said curve to the left, through a central angle of 21°18’24”, having a radius of 338.00 feet, a chord bearing of North 10°39’12” West, a chord distance of 124.97 feet and an arc length of 125.69 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 41°18’00” West, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 61°17’36” West, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 30°02’25”, having a radius of 83.00 feet, a chord bearing of North 76°18’49” West, a chord distance of 43.02 feet and an arc length of 43.52 feet to the end of said curve; North 00°00’00” East, a distance of 84.31 feet to the point of curvature of a non-tangent curve to the left; Along the arc of said curve to the left, through a central angle of 13°19’52”, having a radius of 338.00 feet, a chord bearing of North 75°21’32” East, a chord distance of 78.47 feet and an arc length of 78.64 feet to the point of compound curvature of a curve to the left; Along the arc of said curve to the left, through a central angle of 39°59’13”, having a radius of 38.00 feet, a chord bearing of North 48°42’00” East, a chord distance of 25.99 feet and an arc length of 26.52 feet to the point of tangency of said curve; North 28°42’24” East, a distance of 36.82 feet to the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 35°41’21”, having a radius of 83.00 feet, a chord bearing of North 10°51’43” East, a chord distance of 50.87 feet and an arc length of 51.70 feet to the point of tangency of said curve; North 06°58’57” West, a distance of 35.50 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 06°58’57”, having a radius of 546.00 feet, a chord bearing of North 03°29’29” West, a chord distance of 66.50 feet an arc length of 66.54 feet to the point of tangency of said curve; THENCE North 00°00’00” East, continuing across said 157.1346-acre tract, crossing the northerly line of said 157.1346-acre tract and the southerly line of aforesaid “Tract Six”, continuing across said “Tract Six”, a distance of 785.38 feet to a corner; THENCE in a northerly and easterly direction, continuing across said 157.1346-acre tract, the following: North 03°48’51” West, a distance of 150.33 feet to a corner; North 00°00’00” East, a distance of 125.00 feet to a corner; North 45°00’00” West, a distance of 35.36 feet to a corner; North 00°00’00” East, a distance of 110.00 fee to a corner; North 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 110.00 feet to a corner; South 45°00’00” East, a distance of 35.36 feet to a corner; North 90°00’00” East, a distance of 150.00 feet to a corner; THENCE South 86°11’09” East, continuing across said “Tract Six”, passing the easterly line of said “Tract Six”, the westerly line of aforesaid “Tract Seven”, and crossing aforesaid public use road known as South Coleman Street, a distance of 150.33 feet to a corner; THENCE in an easterly direction, continuing across said “Tract Seven”, the following: Page 137 Item 8. Page | 7 Planned Development No. 67 North 90°00’00” East, a distance of 923.53 feet to the point of curvature of a tangent curve to the right; Along the arc of said curve to the right, through a central angle of 34°09’35”, having a radius of 895.00 feet, a chord bearing of South 72°55’13” East, a chord distance of 525.73 feet and an arc length of 533.60 feet to the point of tangency of said curve; South 55°50’25” East, a distance of 56.69 feet to a corner; South 59°39’16” East, a distance of 150.33 feet to a corner; South 55°50’25” East, a distance of 125.21 feet to a corner; North 78°55’07” East, a distance of 13.56 feet to the POINT OF BEGINNING and containing 78.508 acres (3,419,790 square feet) of land, more or less. Page 138 Item 8. Page | 8 Planned Development No. 67 EXHIBIT “B” PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integrated Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned Development. The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external to the development. Furthermore, focal points and terminuses have been provided within the thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design. Pedestrian scale design elements will also be incorporated into the site design in order to foster high quality street and sidewalk environments. An essential element to the overall site is the incorporation of an open space system to provide for both active and passive recreational opportunities. The open space system will consist of landscape and hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the development. These elements within the proposed development will be ultimately located so as to provide recreational opportunities within convenient proximity to as many users as possible. The standards contained within this Planned Development District will help to achieve the vision for the overall development. These standards have been formulated so as to provide specificity where necessary and provide flexibility to allow for creative design. {This space intentionally left blank} Page 139 Item 8. Page | 9 Planned Development No. 67 EXHIBIT “C” Planned development standards Page 140 Item 8. Page | 10 Planned Development No. 67 1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS 1.1 GENERAL The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities to serve the needs of the new residents as well as the existing residents in the general area. Terms used in this ordinance shall have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), in effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined herein. 1.2 SUBDISTRICTS DEFINED 1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. 1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. 1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. 1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities (e.g., Single-family detached). Page 141 Item 8. Page | 11 Planned Development No. 67 2.0 subdistrict 1—regional retail 2.1 GENERAL PURPOSE AND DESCRIPTION The Regional Retail Subdistrict will serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. The development standards included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the design theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict. 2.2 SITE CRITERIA 2.2.1 Property Development Regulations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2. Table 2-1. Size of Yards Land Use(1)Front Side Corner Rear Retail 30 ft. (2)30 ft.(2) Commercial 30 ft. (2)30 ft.(2) Office 30 ft. (2)30 ft.(2) Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40 feet for a one-story building and 60 feet for a two-story building adjacent to a residential district. Setback may be eliminated for attached buildings. Table 2-2. Size of Lots and Lot Coverage Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth(2) Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3)0.4:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3)0.5:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0 Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Mutual access agreements may be allowed to satisfy legal frontage requirements for individual lots which do not have legal frontage requirements along a public right of way with Town staff approval (Director of Development Services). 3.Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. Page 142 Item 8. Page | 12 Planned Development No. 67 2.3 BUILDING CRITERIA 2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building height requirements set forth in Table 2-3 below. Building height shall be measured to the highest point of a roof surface. Table 2-3. Maximum Building Height Building Type Height (1)# Stories Non-Residential 40 ft. 2 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with Ordinance Chapter 4 Section 9.5. 2.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 1. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a.All building façades shall be architecturally finished with 100% masonry with an allowance for up to 15% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall. Textured and painted concrete tilt-wall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating percentages. b.No single material shall exceed more than eighty (80) percent of an elevation area. A minimum of twenty-five (25) percent of the front and side façades shall be natural or manufactured stone. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone; all other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. Page 143 Item 8. Page | 13 Planned Development No. 67 c.Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as, cedar, redwood, ipe, etc. (for example), tile, ornamental metal, or stucco. Other secondary materials not specifically noted herein may be allowed only if approved by the Town. EIFS and stucco is not allowed on the first nine (9’) feet of a structure. 2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%. 2.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 2.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way, or fire lane and access easements shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. Page 144 Item 8. Page | 14 Planned Development No. 67 The exterior façade of the parking structure if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 2.3.8 Area A-2. The following specific criteria shall apply to development within Area A-2 as depicted on Exhibit A-1. 1.The support columns for the covered parking structures shall be permitted the use of metal. 2.The required parking ratio for retail businesses shall apply to the net retail area only. 3.Facade Plans shall be approved by the Town Council, subject to a recommendation by the Planning & Zoning Commission. 4.For instances where provisions of this section (Section 2.3) conflict with the conceptual elevations found in Section 2.5.2, the conceptual elevations shall govern. 2.4 PERMITTED USES 2.4.1 General. The following general conditions shall apply to Subdistrict 1. a.Big Box uses are permitted by right within Subdistrict 1. 2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 2.5 CONCEPTUAL RENDERING The following conceptual renderings shall be representative of the architectural style, color and material selections depicted therein. Page 145 Item 8. Page | 15 Planned Development No. 67 Page 146 Item 8. Page | 16 Planned Development No. 67 2.5.1 The following conceptual renderings shall be representative of the architectural style, color and material selections in the location identified in Exhibit A-1. Page 147 Item 8. Page | 17 Planned Development No. 67 2.5.2 The following conceptual elevations and renderings shall be representative of the architectural style, colors and material selections and placement for the building located within Area A-2, as depicted on Exhibit A-1. Page 148 Item 8. Page | 18 Planned Development No. 67 Page 149 Item 8. Page | 19 Planned Development No. 67 Page 150 Item 8. Page | 20 Planned Development No. 67 3.0 subdistrict 2—LIFESTYLE center 3.1 GENERAL PURPOSE AND DESCRIPTION The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent with the Retail and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the “Town Center” design theme for this Subdistrict by providing opportunities for mixed-use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments within this project. Buildings will be designed to provide active street-fronts that encourage pedestrian activity. The buildings will be arranged such that the viewing of any surface, and/or structured parking is minimal from the surrounding public streets. These developments will be amenitized with carefully arranged, high-quality open spaces to provide a maximum number of premium units while also providing a high level of connectivity to the overall development. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian-friendly community. This lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from throughout the Metroplex. It may also include entertainment type uses as well as Big Box users which would attract patrons from other Cities in and around the Metroplex. 3.2 SITE CRITERIA 3.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. In addition, where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 3-1. Size of Yards Land Use/Housing Type(1) Minimum Front(5) Minimum Side Minimum Corner(5) Minimum Rear Retail 5 ft. (2)5 ft.(2) Commercial 5 ft. (2)5 ft.(2) Office 5 ft. (2)5 ft.(2) Mixed Use 5 ft. (2)5 ft.(2) Townhome(3) 5 ft. 5 ft.(4) 5 ft.20 ft. Multifamily, Urban Living 5 ft. (2,4) 5 ft.(2) Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 3.Vehicular access for Townhomes shall be provided at the rear of the unit via alleys 4.A minimum building separation of 15 feet is required between buildings. Zero feet Page 151 Item 8. Page | 21 Planned Development No. 67 between individual attached units. 5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval by Town staff. Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2)0.6:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2)5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2)5.0:1.0 Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed- Use Land Uses. 2.Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. Open space requirements can be accounted for as per section 6.2.2. Table 3-3. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily, Urban Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1.Includes main building, accessory buildings and structured parking facilities. 3.2.2 Minimum Dwelling Area. a.Townhome. The minimum dwelling area shall be 1,500 square feet and minimum 2 story. b.Multifamily. The minimum dwelling area for a one-bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 3.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 2 shall be 600 units. However, the maximum allowed number of multifamily units in this subdistrict shall be reduced by the number of multifamily dwelling units constructed in any other subdistrict, such that the maximum allowable number of multifamily units for this Planned Development District does not exceed 600 units. The maximum number of townhome dwelling units allowed within Subdistrict 2 shall be 150 units. However, the maximum allowed number of townhome units in this subdistrict shall be reduced by the number of townhome units constructed in any other subdistrict, such that the maximum allowable number of townhome units for this Planned Development District does not exceed 150 units. Page 152 Item 8. Page | 22 Planned Development No. 67 3.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north-south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt. 3.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. 3.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 3.3 BUILDING CRITERIA 3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building height requirements set forth in Table 3-7 below. Building height shall be measured to the highest point of a roof surface. Table 3-6. Maximum Building Height Building Type Height (1)# Stories Non-Residential (2)80 ft. 5 Hotel 145 ft. 12 Office 145 ft. 12 Mixed Use (Vertical) 80 ft. 5 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1.Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5. 2.Includes all non-residential buildings except hotel, office buildings and mixed use. Hospitals will have an allowed height of 12 stories. 3.Refer to Section 8.0 for definition of building type. 4.No structure shall exceed two stories or 40’ when located 150 feet or less from a single- family zoning district. 5.Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if predominately visible to public ROW unless otherwise approved by the Town. 6.The minimum height of a townhome is 2 stories. Page 153 Item 8. Page | 23 Planned Development No. 67 3.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 2. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 3.3.7. 3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a.Non-Residential and Multifamily building types shall comply with the following standards: 1.All building façades shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt-wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on the side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2.The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3.The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. Page 154 Item 8. Page | 24 Planned Development No. 67 4. A minimum of twenty (20) percent of the rear façade of any building along U.S. Highway 380 shall be natural or manufactured stone. All other rear facades facing a public right-of-way shall be a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 5.Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. b. Townhome building types shall comply with the following standards. 1.The exterior facades shall be constructed at 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor or above), and cementitious fiber board (not to exceed 50% of 2nd story, in a different vertical plane and above of any façade area). Windows, doors and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3.Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. Conceptual Photos – The following photographs shall be representative of the architectural style, color and material selections depicted therein. Page 155 Item 8. Page | 25 Planned Development No. 67 Page 156 Item 8. Page | 26 Planned Development No. 67 3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%. 3.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 3.3.7 Building Articulation. a.Town Center. The Town Center is envisioned as a vibrant mixed-use area at the heart of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a pedestrian oriented destination not only for the “Gates” neighborhood but also for the surrounding communities. To create an intimate pedestrian environment, buildings should be designed to incorporate articulation both horizontally and vertically at intervals of not more than 30 feet. Acceptable forms of articulation shall include the following: 1. Canopies, awnings, or porticos 2.Wall recesses / projections 3.Arcades 4.Arches Page 157 Item 8. Page | 27 Planned Development No. 67 5.Display windows 6. Architectural details, such as tile work and moldings, integrated into the building façade 7.Articulated ground floor levels or base 8.Articulated cornice line 9. Integrated planters or wing walls that incorporate landscape and sitting areas 10.Offsets, reveals or projecting rib used to express architectural or structural bays 11. Varied roof heights b.Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with facades that face a street, have an entrance, or are highly visible from roads or parking fields shall incorporate changes in wall plane with a depth of at least 6 feet, both horizontally and vertically, at intervals of not more than 100 feet. Building façades that do not face a street or are not visible from roads or parking fields shall incorporate one of the following: 1.Repeating pattern of wall recesses and projections, pilasters, offsets or reveals. 2. Changes of color, texture or material either horizontally or vertically at intervals of not more than 60 feet. 3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way or fire lane and access easement shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 3.3.9 Projections into Setbacks and/or Rights-of-Way. a.The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a Page 158 Item 8. Page | 28 Planned Development No. 67 building face or architectural projection into the setback, but not the right-of- way. 2.Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3.Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4.Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5.Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1.No projection shall be permitted into a building setback or right-of-way of Preston Road, Lovers Lane, Coleman Street or US Highway 380, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4.The property owner shall maintain such projection in a safe and non- injurious manner. b.Where balconies, awnings, stoops and front porches are provided for Townhome and multifamily uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 3.4 MULTIFAMILY CRITERIA Multifamily construction within this development shall conform to the following urban-style criteria: 1. A minimum of forty (40) percent of the units will have private garages. 2.On-street parallel parking along public and private streets other than major or minor thoroughfares is required and is allowed to count towards the required parking for the adjacent development. 3.All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 4. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. 5.Front porches and/or stoops are required on facades which front public streets. 6.Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to vertical mixed-use developments. 7. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located a minimum of four (4)feet from the curb at an average spacing of not more than thirty (30) feet on center. Street Page 159 Item 8. Page | 29 Planned Development No. 67 trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. 8. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least one location along each block. Conceptual Photographs – The following photographs shall be representative of the architectural style, color and material selections depicted therein. Page 160 Item 8. Page | 30 Planned Development No. 67 3.5 PERMITTED USES 3.5.1 General. The following general conditions shall apply to Subdistrict 2. a.Big Box uses are permitted by right within Subdistrict 2. 3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Page 161 Item 8. Page | 31 Planned Development No. 67 4.0 subdistrict 3—DOWNTOWN CENTER 4.1 GENERAL PURPOSE AND DESCRIPTION The Downtown Center Subdistrict will serve the purpose of providing an active living and working community benefiting from its proximity to the existing town core and the planned Lifestyle and/or Regional Retail Centers to the south. The development standards for non- residential and mixed-use development included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and architectural standards are intended to define the “Downtown Center” design theme for this Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail venues located within and/or adjacent to this Subdistrict. Open space elements will be located so as to provide a central focal element for this Subdistrict, along with a proposed new Town Hall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for a flexibility of options including medical campus, office, civic activities, and complementary residential housing. This area could also be developed as a more traditional business park/governmental center if proven to better fit the market demands for such a use. 4.2 SITE CRITERIA 4.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or the Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 4-1. Size of Yards Land Use/Housing Type(1) Minimum Front(6) Minimum Side(4) Minimum Corner(6) Minimum Rear Retail 5 ft. (2)5 ft.(2) Commercial 5 ft. (2)5 ft.(2) Office 5 ft. (2)5 ft.(2) Mixed Use (Vertical) 5 ft. (2)5 ft.(2) Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft.(5) Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2.Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15 feet adjacent to a residential district; Setback may be eliminated for attached buildings. 3.The front setback may be reduced to 10 feet where vehicular access is provided via a rear alley. 4.Side setback shall be zero feet for interior units with a minimum building separation of 10 feet between buildings without openings (e.g., windows) and 15 feet between buildings with openings. 5.The rear setback may be reduced to 10 feet where vehicular access is provided at the front of the unit. Page 162 Item 8. Page | 32 Planned Development No. 67 6. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval of Town Staff. Table 4-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use (Vertical) Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2)0.6:1.0 Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2)3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2)5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100%(2)5.0:1.0 Notes 1.Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2.Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 3.Structural parking facilities and surface parking lots shall not be included in lot coverage calculations. Table 4-3. Size of Yards (Urban Standards) Land Use/Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Townhome(2) 5 ft. 5 ft.(3) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1) Notes 1.Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 2.Vehicular access for Townhomes shall be provided at the rear of the unit via alleys. •All garage doors are to be cedar/wood clad or equivalent. Metal garage doors are not permitted. 3.A minimum building separation of 15 feet is required. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily(2)10,000 sq. ft. 80 ft. 100 ft. 90%(1)N/A Notes 1.Includes main building, accessory buildings and structured parking facilities. Page 163 Item 8. Page | 33 Planned Development No. 67 4.2.2 Minimum Dwelling Area. a.Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b.Multifamily. The minimum dwelling area for a one-bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 4.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 3 shall be 300 units. However, the total number of multifamily units for all Subdistricts may not exceed 600 units. The maximum number of Townhome units in Subdistrict 3 shall be 150 units. However, the maximum combined number of Townhome units in all subdistricts may not exceed 150 units. Any residential units not developed within Subdistrict 3 shall be allowed to be developed in Subdistrict 2 provided the density standards for each Housing Type (See Tables 3-3 and 3-5) for Subdistrict 2 are followed. 4.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north- south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt. Townhomes may be constructed in (i) the same locations as the apartments referenced herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt. 4.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail development the developer may construct up to 300 multifamily units and up to 150 Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 600,000 square feet of retail the developer may construct up to a total of 600 multifamily units. 4.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 4.3 BUILDING CRITERIA 4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building height requirements set forth in Table 4-5 below. Building height shall be measured to the highest point of a roof surface. Page 164 Item 8. Page | 34 Planned Development No. 67 Table 4-5. Maximum Buildi ng Height (7) Building Type Height (1)# Stories Non-Residential (2)60 ft. 4 Hotel 80 ft. 5 Office 100 ft. 8 Hospital 100 ft. 8 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1.Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit by a maximum of 20 feet. 2.Does not include hospitals, hotels, office, or medical office buildings. 3.Refer to Section 8.0 for definition of building type. 4.No structure shall exceed two stories or 40’ when located 150 feet or less from a single- family zoning district. 5.Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if generally visible to public ROW. 6.The minimum height of a townhome is two-story. 7.No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.). 4.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 3. However, all buildings shall be required to conform to the Building Articulation standards set forth in the Town’s zoning ordinance. 4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a.Non-Residential and multifamily building types shall comply with the following standards: 1.All building façades shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, and textured and painted concrete tilt- wall (non-residential building types only). Stucco may be used on areas of facades that are at least nine (9) feet above grade on non-residential buildings and on the third floor and above for multifamily buildings. Textured and painted concrete tiltwall shall be limited to 50% on the front façade and 75% on side façades. Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. Page 165 Item 8. Page | 35 Planned Development No. 67 2.The front and side facades of all multifamily buildings shall be finished with a minimum twenty (20) percent natural or manufactured stone or integral color split-faced block. 3.The front and side facades of all non-residential buildings shall be finished with a minimum of twenty-five (25) percent natural or manufactured stone. The rear façade of any non-residential building facing a public right-of-way shall be finished with a minimum of ten (10) percent natural or manufactured stone unless a landscape screen consisting of a double row of evergreen canopy trees is provided along said right-of-way. 4.Windows, doors, porches, gables, balconies and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 5. All multifamily criteria and conceptual photos in section 3.4 of this ordinance also applies in this subdistrict. b. Townhome building types shall comply with the following standards. 1.The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco (second floor and above), and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. 2. Townhomes shall be a minimum of two stories. 3.Each townhome unit shall have an attached garage. Garages shall open to the rear of the townhome and shall not face the public right-of-way. Page 166 Item 8. Page | 36 Planned Development No. 67 Conceptual Photos – The following photographs shall be representative of the architectural style, color and material selections depicted therein. 4.3.4 Window Areas. There shall not exceed 80% of any façade area for buildings located in Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%, unless otherwise approved by the Director of Development Services or his/her designee. 4.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 4.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. Page 167 Item 8. Page | 37 Planned Development No. 67 4.3.8 Projections into Setbacks and/or Rights-of-Way. a.The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1.Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. 2.Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3.Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4.Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5.Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1.No projection shall be permitted into a building setback or right-of-way of Lovers Lane, Coleman Street or Frost Street, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4.The property owner shall maintain such projection in a safe and non- injurious manner. b. Where front porches are provided for Townhome uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 4.4 PERMITTED USES 4.4.1 General. The following general conditions shall apply to Subdistrict 3. Additional commercial uses are allowed for the parcel(s) located on the west side of the railroad as noted in Section 6.6 under Wholesale Uses and Manufacturing/Industrial Uses. 4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Page 168 Item 8. 5.0 SUBDISTRICT 4-RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the primary purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of detached single-family housing opportunities. In addition, a small commercial tract will provide additional limited retail and commercial uses along Preston Road. Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply. 5.2 SINGLE FAMILY RESIDENTIAL TRACT 5.2.1 Property Development Regulations: This property may develop, under the standards for SF-10 as contained in the Town’s Zoning Ordinance as it exists or may be amended, as front entry lot product subject to the specific provisions contained herein below. There will be no alley-served lots within the property. 5.2.2 Density: The maximum number of single family detached dwelling units for this PD is 200. This equates to an overall gross density of 2.82 units per acre. 5.2.3 Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types, provided a minimum of 40% are Type B lots: Type A Lots: Minimum 8,640 square foot lots Type B Lots: Minimum 9,990 square foot lots 5.2.4 Area and building regulations: 1.Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: (a)Minimum Lot Size. The minimum lot size for Type A Lots shall be eight thousand six hundred forty (8640) square feet. A typical lot will be 64’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. (b)Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty four (64) feet, as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of fifty four (54) feet at the front setback provided all other requirements of this section are met. (c)Minimum Yard Setbacks. (1)Minimum Front Yard Setback: The minimum front yard setback for Type A Lots shall be twenty-five (25) feet. (2)Minimum Side Yard Setback: The minimum side yard setback for Type A Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. Page | 38 Planned Development No. 67 Page 169 Item 8. (3)Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4)Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d)Minimum Floor Space. Each one-story dwelling constructed on a Type A Lot shall contain a minimum of two thousand, three hundred (2300) square feet of floor space; two story dwellings shall be a minimum of two thousand six hundred fifty (2650) square feet. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling (e)Height. The maximum height for structures on Type A Lots shall be forty (40) feet. (f)Driveways. Driveways fronting on a street on Type A Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services. No broom finish concrete driveways will be allowed. (g)Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h)Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i)Roofing. Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. Page | 39 Planned Development No. 67 Page 170 Item 8. The color of any composition roof must appear to be weathered wood shingles, black or slate. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j)Garages. (1)Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. (2)Homes with three (3) garages shall not have more than two (2) garage doors facing the street. (3)No standard, traditional steel garage doors, painted or stained, will be allowed. (4)Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. (5)Doors may be single or double wide doors. (6)Additionally, two of the following upgrades must be incorporated: (a)If single doors, doors must be separated by a masonry column. (b)Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. (c)Doors may incorporate decorative hardware. (d)Doors may incorporate windows. (k)Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9’ on the first floor. (l)Fencing. Fences, walls and/or hedges on Type A Lots shall be constructed to meet the following guidelines. (1)All Type A Lots backing or siding to land designated by plat as public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2)All other Type A lot fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail and shall be supported with galvanized steel posts, Page | 40 Planned Development No. 67 Page 171 Item 8. 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. (3)Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4)Type A corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per developer guidelines, placed at 21 feet OC. (5)No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m)Landscaping. (1)Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2)The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. (n)Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will not be allowed. 2.Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: (a)Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand nine hundred ninety (9990) square feet. A typical lot will be 74’ x 135’ but may vary provided that the requirements in Table 1 are accommodated. (b)Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy-four (74) feet as measured at the front setback, except for lots located at the terminus of a cul-de-sac, curve or eyebrow which may have a minimum width of sixty-four (64) feet at the front setback provided all other requirements of this section are met. (c)Minimum Yard Setbacks. (1)Minimum Front Yard Setback: The minimum front yard setback for Type B Lots shall be twenty-five (25) feet. (2)Minimum Side Yard Setback: The minimum side yard setback for Type B Lots shall be seven (7) feet. For corner lots adjoining a street, the minimum side yard setback shall be fifteen (15) feet on the side adjacent the street. (3)Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty-five (25) feet. (4)Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Page | 41 Planned Development No. 67 Page 172 Item 8. Swing-in garages may encroach into required front yards up to ten (10) feet provided that the wall of the garage facing the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story. Front facing garages are permitted to extend to the front façade of the main structure but may not encroach into the required front yard. (d)Minimum Floor Space. Each single-story dwelling constructed on a Type B Lot shall contain a minimum of two thousand five hundred (2500) square feet of floor space; two story dwellings shall contain a minimum of three thousand (3000) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. (e)Height. The maximum height for structures on Type B Lots shall be forty (40) feet. (f)Driveways. Driveways fronting on a street on Type B Lots shall be constructed of any of the following materials: colored concrete, brick pavers, stone, interlocking pavers, stamped concrete, salt finish concrete, concrete with stone or brick border OR any other treatment as approved by the Director of Development Services No broom finish concrete driveways will be allowed. (g)Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry but may only constitute thirty (30) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. No cementitious fiber board or any other siding material will be allowed on any front elevation nor on any side/rear elevation which is visible from an adjacent community street, common area, open space, park or perimeter. (h)Windows. All window framing shall be bronzed, black, cream, sand or white anodized aluminum, vinyl or wood. (i)Roofing. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. The color of any composition roof must appear to be weathered wood shingles, black or slate. Page | 42 Planned Development No. 67 Page 173 Item 8. Composition roof shingles must be laminated and have a minimum warranty of 30 years. The main roof pitch of any structure shall have a minimum slope of 8” in 12” except for clay tile and cement/concrete tile roofs which shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. (j)Garages. (1)Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. (2)Homes with three (3) car garages shall not have more than two (2) garage doors facing the street. (3)No standard, traditional steel garage doors, painted or stained, will be allowed. (4)Doors must be constructed of a material that gives the appearance of a real wood door when viewed from any community street. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. (5)Doors may be single or double wide doors. (6)Additionally, two of the following upgrades must be incorporated: a.If single doors, doors must be separated by a masonry column. b.Garage doors may be “carriage style door” designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation. c.Doors may incorporate decorative hardware. d.Doors may incorporate windows. (k)Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9’ on the first floor. (l)Fencing. Fences, walls and/or hedges on Type B lots shall be constructed to meet the following guidelines. (1)All Type B Lots backing or siding to land designated by plat as a public park or public hike and bike trail shall have a decorative metal fence, minimum 6 foot in height, abutting said public area. (2)All other fencing shall be constructed of masonry, decorative metal or cedar. All cedar fencing will be board on board with a top rail, and shall be supported with galvanized steel posts, 8-foot OC minimum. A common fence stain color as well as fence detail shall be established for the community by the developer. Page | 3 7 Planned Development No. 67 Page | 3 7 Planned Development No. 67 Page | 43 Planned Development No. 67 Page 174 Item 8. (3)Solid masonry fencing shall only be allowed on lots adjacent to or abutting HOA-owned common area lots. (4)Type B corner lots adjacent to a street shall be constructed of either decorative metal or cedar board-on-board along the side yard adjoining the street with masonry columns, per Developer guidelines, placed at 21 feet OC. (5)No fencing shall extend beyond a point fifteen feet (15’) behind the front wall plane of the structure into the front yard. (m)Landscaping. (1)Corner lots adjacent to a street require two additional trees be planted in the side yard @ 30 feet OC. (2)The front, side and rear yard must be fully sodded with grass and irrigated by an automated underground irrigation system. (n)Accessory Structures. Accessory structures used as a garage, a garage apartment, a storage building or guest house, will not be allowed. Page | 44Planned Development No. 67 Page 175 Item 8. TABLE 1 Lot Type A Lot Type B Min. permitted lot sizes 8,640 sq. ft. 9,990 sq. ft. Min. Front Yard 25 ft. 25 ft. Min. Side Yard Corner Lot 7 ft. 15 ft. 7 ft. 15 ft. Min. Rear Yard 25 ft. 25 ft. Max. building Height 40 ft. 40 ft. Max. Lot Coverage 50% 50% Min. Lot Width 64 ft. 74 ft. Min. Lot Depth 125 ft. 125 ft. Min. Dwelling Area 2,300 sq. ft. single story 2,650 sq. ft. two story 2,500 sq. ft. single story 3,000 sq. ft. two story Page | 45 Planned Development No. 67 Page 176 Item 8. 5.3 COMMERCIAL TRACT 5.3.1 PROPERTY DEVELOPMENT REGULATIONS: The approximately 5.5 acre Commercial Tract of this subdistrict shall develop in conformance to the property development regulations established within this planned development ordinance for Subdistrict 1 except as indicated below. 5.4 PERMITTED USES 5.4.1 General. The following conditions apply to Subdistrict 4. a. Big Boxes are not permitted within Subdistrict 4. 5.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.7 of this Ordinance. Page | 46 Planned Development No. 67 Page 177 Item 8. Page | 47 Planned Development No. 67 6.0 GENERAL REQUIREMENTS 6.1 PLAN APPROVAL PROCESSES 6.1.1 General. Development shall generally take place in accordance with the attached Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and Conceptual Thoroughfare Plan (Exhibit H). 6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and approved on the Conceptual Development Plan (Exhibit D). Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan (Exhibit D) may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. Alter the basic relationship of the proposed development to adjacent property 2.Alter the uses permitted, 3.Increase the density, 4.Increase the building height, 5.Increase the coverage of the site, 6.Reduce the off-street parking ratio 7. Reduce the building lines provided at the boundary of the site, or 8.Significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Any change to the boundaries of an individual Subdistrict that results in a change of less than 15% of the land area for that Subdistrict may be authorized by the Director of Development Services or his/her designee. 6.2 OPEN SPACE 6.2.1 General. The open space and parkland dedication requirements shall be in accordance with the Town’s zoning ordinance unless specified herein and/or other requirements / regulations are established via a developer’s agreement with the Town at which time the authorized Developer’s Agreement will hold precedence over this Planned Development and/or the Town’s zoning Ordinance requirements. 6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the following criteria, as relevant: Page 178 Item 8. Page | 48 Planned Development No. 67 a.A maximum of 1/2 of the required on-site Open Space for either Townhome or Multifamily development may be located off the platted lot however, within 1000’ of any unit of a development towards which it will be counted with respect to the Townhome or Multifamily development but within the boundary of the overall Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system. b.Required Open Space for non-residential areas do not have to be located on the individual platted lots but allocated as part of the overall master plan and/or site plan. 6.3 PARKING REQUIREMENTS 6.3.1 General. The following general standards shall apply. a.The number of parking spaces provided for uses shall be in accordance with the requirements established in Section 6.3.2 of these standards. b.Where on-street parking is provided, angled as well as parallel parking shall be permitted. On-street parking shall not be permitted within 30 feet of the curb line of a cross street, drive or common access easement. c.On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this Planned Development. Parking spaces may be provided in the right-of-way and shall conform to Town standards for vehicle parking areas. No on street parking spaces will be allowed on major or minor thoroughfares. d.Vehicle maneuvering shall be allowed within the public right-of-way where on-street parking is provided. e.When structured parking garages are provided, adequate access from public rights-of- way via private drives and/or access easements shall be made readily available. f.Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. g.Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. h.Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of Prosper Fire Department at the time of plat and/or site plan submittal. i.Dead-end parking aisles are discouraged and shall only be permitted in unique circumstances upon approval by the Director of Development Services or his/her designee. Dead-end parking aisles are permitted in the multifamily development located in Subdistrict 2. j.In the case of mixed uses, uses may share parking spaces where the practicability of shared parking can be demonstrated. The applicant shall submit a parking analysis to the Director of Development Services demonstrating the feasibility of shared parking. The parking analysis shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto other properties. Page 179 Item 8. Page | 49 Planned Development No. 67 k.Outdoor patio and sidewalk dining, as well as other public seating areas, are permitted; these areas shall be included in parking calculations at a rate of 50% of standard requirements. l.Surface parking is allowed in urban living multifamily development as long as the parking areas other than on-street parking are located internal to the multifamily development and are screened from public right of way through the use of landscaping and/or walls and structures. m.For vertical mixed-use developments, no more than one drive with parking on both sides is allowed between the mixed use structure and the public ROW(s) unless otherwise approved by the Town. 6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements: •Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per dwelling unit. •Automobile Oil Change and Similar Establishments: One parking space per service bay plus one parking space per maximum number of employees on a shift. The stacking requirements shall be 3 stacking spaces per bay. •Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car garages shall be permitted to satisfy this requirement through tandem parking spaces by providing one covered space and one space located directly adjacent to the garage, provided the tandem parking spaces have minimum dimensions of nine feet by twenty feet. Townhome units with two-car garages shall provide two covered spaces, located behind the front building line, and two maneuvering spaces for each unit. Permitted on-street parking shall count toward the required off-street parking requirement provided the space(s) are within 300 feet of the property line of the affected lot. •Dwellings, Multifamily: One and one-half spaces for one-bedroom units, plus one- half additional space for each additional bedroom. The required number of spaces shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed parking shall not be required for Multifamily Dwellings except as specified in other sections of this ordinance. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off-street parking requirements. Covered or enclosed parking may be a part of the dwelling structures or an accessory building. Tandem parking spaces shall be permitted to satisfy parking requirement provided they are located in front of a garage and have minimum dimensions of nine feet by twenty feet. •Gasoline Station: Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. A convenient store portion of a gas station shall be parked at a ratio of one parking space per 250 square feet of gross floor area. •Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided. Page 180 Item 8. Page | 50 Planned Development No. 67 •Medical or Dental Office: One space per 250 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals. •Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One space per 250 square feet of gross floor area. •Restaurant, Cafe or Similar Dining Establishment: One parking space for each 100 square feet of gross floor area. 6.4 DETENTION PONDS Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If there are no prohibitive regulatory permitting issues or design constraints, these ponds will be constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintain a constant pool elevation. Detention ponds located in less visible locations shall be fully vegetated with turfgrass and designed to drain completely and allow ease of maintenance. All visible outfall structures shall be faced with stone. 6.5 LANDSCAPING 6.5.1 General. All required landscape areas shall comply with the specific standards contained in the Town of Prosper Zoning Ordinance except as noted herein. 6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the land uses specified below. a.Non-Residential and Mixed Use. These standards apply to Non-Residential and Mixed-Use land uses. 1.All retail buildings which back to US 380 shall be screened with the planting of a double row of evergreen trees such as eastern red cedars or other similar tree that will provide a continuous screen. The evergreen trees used for the screen shall be a minimum of 8-foot-tall at the time of planting. There will also be additional berming and planting of smaller shrubs and trees within the water line easements along Highway 380 to the extent allowed by the Town. Page 181 Item 8. Page | 51 Planned Development No. 67 2.Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of four caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. The placement of any items in the public right-of-way is subject to the approval of the Town’s staff. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. b. Multifamily. These standards apply to multifamily land uses. 1.Perimeter Requirements. (a)Thoroughfares. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on Lovers Lane, Coleman Street, and Richland Boulevard. A maximum deviation of five feet of the minimum width of the landscape area is permitted, provided the minimum average width of 25 feet or 30 feet; respectively, is maintained. One Large Tree, four-inch caliper minimum per 30 lineal feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing based on species. A minimum of 15 shrubs with a minimum size of five gallons each will be planted in the landscape area for each 30 lineal feet of frontage. Parking abutting the landscape area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Page 182 Item 8. Page | 52 Planned Development No. 67 (b)Collectors or Other Roadway. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 15 feet in width measured from the property line interior to the property shall be provided adjacent to all other collector streets, where on-street parking is not provided. A maximum deviation of three feet of the minimum width of the landscape area is permitted, provided the minimum average width of ten feet is maintained. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of three caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. 2. Interior Parking. Any multifamily surface parking area shall provide interior landscaping as follows: (a)Twenty square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area. (b)All landscaped areas shall be protected by a raised 6-inch concrete curb. Pavement shall not be placed closer than four feet from the trunk of a tree unless a Town approved root barrier is utilized. (c)Landscape islands shall be located at the terminus of all parking rows, and shall contain at least one Large Tree, four-inch caliper minimum, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. The maximum number of continuous parking spaces may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (d)Landscape islands shall be a minimum of 160 square feet, not less than nine feet wide and a length equal to the abutting space. (e)There shall be at least one Large Tree, three-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (f)Subject to approval by the Director of Development Services or his/her designee, landscape islands may be grouped to form one large island. Grouping for large islands is prohibited adjacent to public street frontage. Page 183 Item 8. Page | 53 Planned Development No. 67 6.6 SIGNAGE (g)These standards shall not apply to structured parking facilities. 3. Building Landscaping. Foundation plantings of a single row of shrubs are required along the front façade of all buildings adjacent to a public street. 4. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows: (a)Irrigation lines shall be placed a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. (b)Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. (c)Rain, freeze, and wind detectors shall be installed on all irrigation lines. The developer will follow the Town’s standard signage ordinance with the understanding it can create a special purpose sign district per Section 1.12 of the Town’s sign ordinance for each development phase to meet the unique needs of the overall development. 6.7 PERMITTED USE MATRIX SUBDISTRICT RESIDENTIAL USES 1 2 3 4 Mobile and /or Manufactured Homes Model Home    Multifamily Dwelling (including loft, work/live units and studio apartments)   Private Street Development (excluding MF) S S S Retirement Community Residential Development (RCRD Housing) S S S Single Family Dwelling, Attached (Townhome)   Retirement Housing 12 Single Family Dwelling, Detached  Two Family Dwelling (Duplex) SUBDISTRICT ACCESSORY & INCIDENTAL USES 1 2 3 4 Accessory Building     Caretaker's/Guard's Residence Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL Electronic security facilities including gatehouse and control counter    Garage Apartment (not to be rented)  Guest House (see conditions in Zoning Ordinance; over .5 acre lot)  Homebuilder Marketing Center 1 1 1 1 Home Occupation 2 2 2 Page 184 Item 8. Page | 54 Planned Development No. 67 SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk    Mobile Food Vendor Retail/Service Incidental Use     Storage Facilities and uses (incidental to primary use)   Temporary Building – see conditions in Town Zoning Ord. (Section 2.0) S S S S EDUCATIONAL, INSTITUTIONAL, PUBLIC AND SPECIAL USES SUBDISTRICT 1 2 3 4 Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3 Athletic Stadium or Field, Public    Cemetery or Mausoleum Civic/Convention Center    College, University, Trade, or Private Boarding School    Community Center     Farm, Ranch, Stable, Garden, or Orchard  Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority   Helistop S S Rehabilitation Care Institution 14 14 Hospital   Household Care Facility S S  House of Worship     Municipal Uses Operated by the Town of Prosper     Museum/Art Gallery    Open Storage – see conditions in Town Zoning Ord.   Park or Playground     Private Recreation Center     Public Recreation Facilities     Rehabilitation Care Facility Rehabilitation Care Institution School, Public     School, Private or Parochial    S TRANSPORTATION, UTILITY AND COMMUNICATIONS USES SUBDISTRICT 1 2 3 4 Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4 Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Electric Power Generating Plant Page 185 Item 8. Page | 55 Planned Development No. 67 TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 Landfill Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed     Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S Telephone Exchange    S Transit Center S S Utility Distribution/Transmission Facility S S S S Water Treatment Plant S S S S SUBDISTRICT OFFICE AND PROFESSIONAL USES 1 2 3 4 Administrative, Medical, or Professional Office    Corporate Campus   Governmental Office    Insurance Office    Multi-Tenant Office Building    Research and Development Center –see conditions in Town Zoning Ord. S S S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps    Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor    Farmer's Market S S S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    Pawn Shop Retail Stores and Shops    18, S 18, S 18, S 18 18 18 18 18, S 18 18, S 18 18 18 Page 186 Item 8. Page | 56 Planned Development No. 67 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   Bank, Savings and Loan, or Credit Union    Beauty Salon/Barber Shop    Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    Contractor's Shop and/or Storage Yard Dance Hall S S Day Care Center, Adult S S S Day Care Center, Child 7 7 7 7 Day Care Center, In-Home 8 8 8 Day Care Center, Incidental S S S S Dinner Theater    Dry Cleaning, Minor    Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    Health/Fitness Center    Hotel – see conditions in Town Zoning Ord., 17   Household Appliance Service and Repair    Indoor Gun Range 9 9 9 Landscaping Service Laundromat    Locksmith/Security System Company    Massage Therapy, Licensed    Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics    Messenger/Courier and Telegraph Services    Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops   Pet Day Care – see conditions in Town Zoning Ord.    Print Shop, Minor    18 18 18 18 18 18 18 18 18 Page 187 Item 8. Page | 57 Planned Development No. 67 SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    Veterinarian Clinic and/or Kennel, Outdoor SUBDISTRICT AUTOMOBILE AND RELATED USES 1 2 3 4 Auto Parts Sales, Inside    Auto Parts Sales, Outside Automobile Parking Lot/Garage    Automobile Paid Parking Lot/Garage    Automobile Repair, Minor   Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash  S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal SUBDISTRICT WHOLESALE USES 1 2 3 4 Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Mini-Warehouse/Public Storage S Office/Showroom 15 18 18 18 Page 188 Item 8. Page | 58 Planned Development No. 67 SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15 Storage or Wholesale Warehouse 15 Winery S SUBDISTRICT MANUFACTURING AND INDUSTRIAL USES 1 2 3 4 Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL General Manufacturing/Industrial Use Complying with Performance Standards 15 Limited Assembly and Manufacturing Use Complying with Performance Standards 15 Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center S Recycling Plant Trailer/Mobile Home Display and Sales LEGEND  Use permitted in district indicated Use prohibited in district indicated S Use is permitted in district upon approval of a specific use permit 1 Use is permitted in the Subdistrict indicated in accordance with the conditional development standards or limitations in the corresponding numeric end note in Section 6.6.1 of this Ordinance. {This space intentionally left blank} Page 189 Item 8. Page | 59 Planned Development No. 67 6.7.1 Conditional Development Standards. 1.Homebuilder Marketing Center. Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold. 2.Home Occupation. A home occupation is a business that is customarily carried on in a home by the resident and shall adhere to all of the following conditions and requirements: (a)No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. (b)Only two employees other than the occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. (c)Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. (d)Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. (e)No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. (f)The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. (g)A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. (h)No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. (i)No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. (j)No storage of hazardous materials for business purposes shall be allowed on the premises. (k)Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. (l)No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. 3.Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial. Page 190 Item 8. Page | 60 Planned Development No. 67 4. Antenna, Non-Commercial. (a) Satellite Dishes and Wireless Broadband Antennas (1)In Subdistrict 4 (Single Family Detached), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (2)In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (b)Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 45 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story. 5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses within a Subdistrict only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth antennas are permitted by right in the non-residential districts. The Director of Development Services, or his/her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance (Ordinance 05-20). For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial Page 191 Item 8. Page | 61 Planned Development No. 67 antenna is a stealth antenna or not when considering site plan approval for the proposal. 6.School District Bus Yard. A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be screened using one of the following methods: (a)Option 1 (1) A six (6) foot ornamental metal fence, (2)Three (3) inch caliper evergreen trees on twenty (20) foot centers, and (3)Five (5) gallon evergreen shrubs on three (3) foot centers. (b)Option 2 (1) A six (6) foot clay-fired brick wall, and (2)Three (3) inch caliper evergreen trees on twenty (20) foot centers. 7.Day Care Center, Child. Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center, Child not operated by a public independent school district is permitted by SUP in all Subdistricts. 8.Day Care Center, In-Home. Permitted by right as a home occupation in the designated Subdistricts and is subject to the regulations of Home Occupation. 9.Shall be permitted by right when serving as a complementary use to a primary use. Shall not be subject to the limitations of a maximum of 15% of a main use. Other similar uses not specifically defined may also be permitted. Primary use sales/services may only be allowed by S.U.P. 10.Limited to one at each of the following intersections: Lover’s Lane at Preston, First Street at Preston, and Lover’s Lane at Coleman Street. 11.Shall be limited to high-end or specialty automobile sales and shall have limited out door model displays. A maximum of two rows of display parking (one drive) is allowed along any street frontage. The use shall only be allowed if permitted by SUP. 12. Only allowed in Subdistrict 4 as detached units. 13.Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards. a. Accessory gas pumps must be located on the same lot as a big box tenant. b.A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet in floor area. c. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. Page 192 Item 8. Page | 62 Planned Development No. 67 1.For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Future Land Use Plan. 2.Accessory gas pumps do not have to meet the spacing requirement if: i.A major thoroughfare separates the accessory gas pumps from the residential lot; or ii.The Future Land Use Plan designates a lot as residential, but Town Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot. d.Canopies shall have pitched roofs. e.Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building. f.The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage. 14. Requires a S.U.P. if located within 250 feet of single family detached zoning. 15.Uses only allowed west of railroad. 16. Limited to 3 locations on the east side of Preston and 3 locations on the west side of Preston and no more than 2 adjacent to each other. Additional drive-through restaurants are permitted subject to approval of a Specific Use Permit (SUP). 17. Subject to conditions in Town Zoning Ord., except as follows: a. Hotels in Subdistrict 1, as shown on Exhibit D, shall have a maximum height of eighty feet (80’). 18.Use is permitted only within Commercial tract of this subdivision in addition to any other conditions listed. {This space intentionally left blank} Page 193 Item 8. Page | 63 Planned Development No. 67 7.0 INFRASTRUCTURE DESIGN STANDARDS 7.1 GENERAL Due to the unique and dynamic nature of Town Center Developments, there are a number of design elements that deviate from standard suburban design criteria. Therefore, it is understood that that alternate design criteria may be utilized in the layout and design of this Planned Development. The design criteria may include such elements as design speeds for streets, street and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains, etc.), alternative storm pipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth Metroplex as previously referenced herein or as determined to be comparable developments. Such standards must be approved by the Town’s Engineering Department. Page 194 Item 8. Page | 64 Planned Development No. 67 8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is attached to but secondary to a main non-residential structure and is generally located above the first floor of the structure. Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area generally associated with the creative arts and which may consist of a single room or series or rooms. Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building. Catering Establishment. An establishment where food and drink are prepared, for immediate off premises consumption. Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses. Dinner Theater. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical or live performance where food and drink are prepared and consumed on the premises during the event. Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure. The dwelling area calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches unenclosed on one or more sides. EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls. Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. There shall be no maximum distance for the required width from the front property line. Landscape Service. Professional service focused on the design and/or installation of landscaping in either a commercial or residential application. The service may include open storage of the materials and equipment used in the process of landscape installation. Messenger / Courier Service. Premium service specializing in the personal delivery of messages, packages and mail. Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract of land or a building. For the purposes of this Planned Development, a Mixed-Use Land Use shall include a minimum of two individual land uses (residential/non-residential; retail/multi- family; office/multi-family; etc.). Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels. Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and Page 195 Item 8. Page | 65 Planned Development No. 67 intended to accommodate multifamily residential uses, including both for-sale and rental units. Parking can be either surface parking and/or structural parking. Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in Section 6.6 of this Ordinance and similar uses. Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment that is either for sale on the premises or is used in the normal course of doing business or conducting a business service. Pest Control / Extermination Service. Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecology or the economy. The service may include open storage of the materials and equipment used in the process of performing the service. Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Retirement Housing. Any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care. Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this Ordinance and similar uses. Security Facilities (including gatehouse and control counter). A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controlling incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it may only house electronic surveillance equipment. Storage Facility. A freestanding or attached structure which is part of a larger commercial or residential development that’s primary function is to store material or equipment necessary for the ongoing maintenance or upkeep of the development which it is associated with. Townhome. A structure containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall. Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work. Page 196 Item 8. Page | 66 Planned Development No. 67 EXHIBIT “E” Development Schedule Page 197 Item 8. Page | 67 Planned Development No. 67 Development Schedule It is currently anticipated that the development of Gates of Prosper will begin within two to four years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15 years and is primarily dependent on the marketability of the highest and best use of the land for the respective land tracts. Progress of development improvements will primarily depend on the time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily and townhome residential units in Subdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 300,000 square feet of commercial/retail development has been issued tenant certificates of occupancy by the Town. The required commercial/retail development may include regional retail anchors, a town center mixed-use component, a major multi-purpose medical center with emergency care facilities, a mall, a hotel, or another major development anchor as determined by Town Council. Incorporation of residential units into a mixed-use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Page 198 Item 8. Page | 68 Planned Development No. 67 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Page 199 Item 8. Page | 69 Planned Development No. 67 Supplemental DESIGN PRINCIPLES The Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper” is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinforce a uniform spirit and character throughout the development while promoting fresh and visionary diversity. •Subdistricts have been carefully planned to maximize vehicular access to transportation arteries and pedestrian access to future transit systems. •Subdistricts are designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area. •Each Subdistrict can have its own identity yet still create a sense of belonging through use of consistent iconic markers, streetscape designs, landscape forms, signage, lighting and architectural building standards. These elements should allow Subdistricts to transition seamlessly from one to the next. •Public amenities including parks, trails, plazas, interactive areas and gateways are planned to serve as venues for recreation, entertainment and social interaction. •Pedestrian ways should be memorable through their use of landscaping and lighting, and by incorporating shade, street furnishings and other sidewalk amenities. Page 200 Item 8. Page | 70 Planned Development No. 67 SITE DESIGN The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and as a quality environment that resonates a “sense of place”. This design contributes to the overall identity which adds value to the project as well as the entire community. To promote these benefits the design has incorporated following features: •Street design and streetscapes including boulevards connecting and traversing through the different subdistricts. •Gateway icons that announce entry into and welcome residents and guests to the development. Wayfinding markers that give direction within the development and reinforce the quality of the development. •Public areas that are accessible and provide for a variety of entertainment and recreational experiences. •Subdistricts that allow for a crossover of uses while concentrating like uses for the convenience of residents and guests. SUBDISTRICT DESIGN •Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. •Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. •Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts. •Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town and add a complimentary use to the overall development. Page 201 Item 8. Page | 71 Planned Development No. 67 BUILDING DESIGN Building design is only one element that contributes to the fabric of a community. Although building design can be the most effective means of translating the character, it has to work in concert with all other designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in building design within the limits of a few design criteria. BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component parts, including the size of its footprint, its height, its proportions and its relationship to surrounding buildings. Individual characteristics of mass and scale include: •Form: A buildings form should have a relationship to the proposed streetscape that contributes to a comfortable environment and pleasing pedestrian experience. Its form should also be in context with surrounding buildings. •Shape: A buildings shape should incorporate variations in height, rooflines and wall planes and be expressive without seeming unnatural. •Scale: The use may be a determining factor in the size of a building. Incorporating special design techniques can reduce the apparent scale of a structure, such as: a.Subdividing the façade of the building into top, bottom and middle components. b.Using overhangs and shadow lines to create a sense of depth. c.Changing building finishes or colors at logical breakpoints. d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses. BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form of architectural articulation as described in other sections of this document. Architectural articulation can be achieved in a variety of traditional and imaginative ways. The intent is to allow creative architectural notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of design and identity within subdistricts while maintaining high standards for the overall development. ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together, form the architectural style of buildings. Architectural elements typically include compositions of forms and shapes, patterns of windows, doors, roofs and awnings but can also include compositions of materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the overall development. Page 202 Item 8. Page | 72 Planned Development No. 67 FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures, and details, shall be used to contribute to the architectural character of the development. •All Retail except Major Anchor Retail shall have ground level storefront extending across a minimum of 50% of front façade length. Other uses shall have window treatments appropriate for their use. •On secondary sides of retail buildings, windows do not need to be provided at ground level; however, buildings should avoid monotonous, uninterrupted walls by incorporating articulation standards as outlined in other sections of this document. A variety of offsets, recesses, etc. shall be used to add variety and interest to the building and eliminate long blank walls. •Same or similar materials will be used on major as well as minor sides of the building to ensure a continuity of the building on all sides. LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will greatly enhance the overall ambiance of the development. Security lighting shall be installed per the codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined in the Town’s Zoning Ordinance as it currently exists or as amended there to. PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to visually identify with the rest of the project. Page 203 Item 8. Page | 73 Planned Development No. 67 Public Realm Design The public realm exists at the intersections of the various aspects of community living. It consists of areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks, plazas and parks are all components of the public realm, and help create a pedestrian network. This network should be given priority over the street network (vehicle access) and provide visible connections to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian traffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic. The street network should provide connectivity as well as flexibility for future development and be able to accommodate a pedestrian network with appropriate shading from trees and built structures. Other streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and recycling, water features and various art and performance media shall contribute to the pedestrian experience. This shall be in accordance with unified landscaping and streetscape plans. Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological value and appearance of the development. By providing space for recreation, they promote community and gathering and can enhance value for retail, restaurant and residential uses. Page 204 Item 8. Page | 74 Planned Development No. 67 URBAN Residential Development Guidelines Residential units shall be located in a manner that will provide privacy for residents by one or several of the following: •Provide a small landscaped front setback •Raise or lower the finished ground level relative to the sidewalk level •Allow for encroachment by stoops, stairs and porches within the area between the front façade and the property line ARCHITECTURAL ELEMENTS •Residential buildings shall have relatively little horizontal articulation and simple roofs, with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies and similar extensions are exempt from this standard. •Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building. •Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys, may be provided. PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off-street parking may also be accessed via other public/private streets along the front property line. Page 205 Item 8. Page | 75 Planned Development No. 67 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Page 206 Item 8. BUSINESS 289 SECOND STREET FIRST STREET FIRST STREET FIRST STREET PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 71.43 GROSS ACRES 62.09 NET ACRES PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES SECOND STREET SITE FIRST STREET PROPOSED LOVERS LANE FUTURE LOVERS LANE U.S. STATE HIGHWAY 380 LOCATION MAP NOT TO SCALE Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Legend PD-SUBDISTRICT 1 (REGIONAL RETAIL). 173.19 GROSS ACRES 136.49 NET ACRES R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.C.C.T. = Deed Records of Collin County, Texas F.L.U.P. = Future Land Use Plan PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 217.83 GROSS ACRES 190.69 NET ACRES RICHAND DRIVE GRAPHIC SCALE IN FEET 300' 0 150' 300' 600' 1"=300'' @ 24"X36" POINT OF BEGINNING U.S. HIGHWAY 380 EXHIBIT "A" FOR ZONING CASE NO. Z18-0003 GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B.RENISON SURVEY, ABSTRACT NO. 755 J.YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Applicant: Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, TX 75069 Owner: 380 & 289 LP 1 Cowboys Way Owner: 183 Land Corporation, Inc. 1 Cowboys Way 106 West Louisiana Street McKinney, Texas 75069 FIRM # 10115500 Tel. No. (469)-201-2590 Copyright © 2018 Kimley-Horn and Associates, Inc. Ph. 469-301-2590 Contact : Joe Riccardi Frisco, TX 75034 Ph. 972-497-4367 Frisco, TX 75034 Ph. 972-497-4367 Scale Drawn by Checked by Date Project No. Sheet No. All rights reserved 1" = 300' DAB JCR May 2018 068109030 1 OF 2 CROCKETT COLEMAN STREET COLEMAN STREET CHURCH CRAIG ROAD DALLAS NORTH TOLLWAY CROCKETT BUSINESS 2HALL COLLEGE LOVERS LANE DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\ARCHIVE\GATES ZONING EXHIBIT-01.DWG PLOTTED BY TEDESCO, JOHN 5/8/2018 12:01 PM LAST SAVED 5/8/2018 11:57 AM Page 207 Item 8. EXHIBIT A LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk's File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100' ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11°23'13" East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89°15'40" West, a distance of 123.47 feet to a point for corner; North 00°57'41" West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to wit: North 89°37'06" East, a distance of 509.94 feet to a point for corner; South 86°07'09" East, a distance of 202.29 feet to a point for corner; North 89°38'54" East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00°45'07" West, a distance of 313.06 feet to a point for corner; North 89°29'33" East, a distance of 481.12 feet to a point for corner; North 00°21'57" West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89°38'54" East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00°06'52" East, a distance of 314.43 feet to a point for corner; North 89°49'10" East, a distance of 189.92 feet to a point for corner; North 00°09'58" West, a distance of 104.29 feet to a point for corner; North 89°41'07" East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00°05'32" East, a distance of 177.82 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 89°56'58" East, a distance of 257.38 feet to a point for corner; North 02°09'39" East, a distance of 71.99 feet to a point for corner; North 89°18'22" East, a distance of 555.18 feet to a point for corner; South 00°58'50" East, a distance of 673.52 feet to a point for corner; South 76°42'56" East, a distance of 185.47 feet to a point for corner; South 76°51'24" East, a distance of 321.53 feet to a point for corner; South 89°06'24" East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00°04'32" East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89°30'30" East, a distance of 205.11 feet to a point for corner; North 00°05'59" West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89°31'34" East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01°02'13" East, a distance of 1546.12 feet to a point for corner; South 89°20'50" West, a distance of 899.18 feet to a point for corner; South 32°50'09" West, a distance of 339.04 feet to a point for corner; North 54°21'33" West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 - variable width ROW); THENCE with said east right-of-way line, South 33°37'47" West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way line, he following courses and distances to wit: South 54°19'15" East, a distance of 408.23 feet to a point for corner; South 00°03'08" East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89°12'47" West, a distance of 2794.95 feet to a point for corner; South 89°46'43" West, a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT "A" FOR ZONING CASE NO. Z18-0003 GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B.RENISON SURVEY, ABSTRACT NO. 755 J.YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Applicant: Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, TX 75069 Ph. 469-301-2590 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 106 West Louisiana Street McKinney, Texas 75069 FIRM # 10115500 Tel. No. (469)-201-2590 Copyright © 2018 Kimley-Horn and Associates, Inc. Contact : Joe Riccardi Ph. 972-497-4367 Ph. 972-497-4367 Scale Drawn by Checked by Date Project No. Sheet No. All rights reserved N/A DAB JCR May 2018 068109030 2 OF 2 DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\ARCHIVE\GATES ZONING EXHIBIT-01.DWG PLOTTED BY TEDESCO, JOHN 5/8/2018 12:01 PM LAST SAVED 5/8/2018 11:57 AM Page 208 Item 8. APPENDIX A-1—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a-1” Planned Development No. 67 P a g e | 78 Page 209 Item 8. PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET SECOND STREET BUSINESS 289CHURCHPROPOSED LOVERS LANE POINT OF BEGINNING CRAIG ROADFIRST STREET FUTURE LOVERS LANE RICHAND DRIVECOLEMAN STREETCOLEMAN STREETHATCHED AREA IS LIMITS OF PD REVISION SUB DISTRICT LINE SUB DISTRICT 1 A-1 AREA 44.14 ACRES SUB DISTRICT 2 PD-SUBDISTRICT 3 (DOWNTOWN CENTER) 111.81 GROSS ACRES 92.38 NET ACRES PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 71.43 GROSS ACRES 64.85 NET ACRES PD-SUBDISTRICT 1 272.25 GROSS ACRES 221.54 NET ACRES PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 118.77 GROSS ACRES 108.76 NET ACRES PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.37 NET ACRES A-2 AREA 12.86 ACRES SOUTHWEST CORNER OF JOHN YARNELL SURVEY, ABSTRACT NO. 1038, BEARS S 83°50' E, 161.7' Copyright © 2021 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT "A-1" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 44.14 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210211 - GATES ZONING EXHIBIT A-1.DWG PLOTTED BY BECKLER, RACHEL 3/3/2021 8:55 AM LAST SAVED 3/3/2021 8:28 AM GRAPHIC SCALE IN FEET 0300'150' 300'600' 1"=300'' @ 24"X36" Legend R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.C.C.T. = Deed Records of Collin County, Texas F.L.U.P. = Future Land Use Plan Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Applicant: Kimley-Horn and Associates, Inc. 260 East Davis St, Suite 100 McKinney, TX 75069 Ph. 469-301-2580 Contact : Joe Riccardi Scale Drawn by RAB1" = 300' Checked by Date Project No.Sheet No. McKinney, Texas 75069 260 EAST DAVIS ST, SUITE 100 Tel. No. (469)-301-2580FIRM # 10115500 RAK 1 OF 2Feb 2021 068109030 BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.147, the Ben Renison Survey, Abstract No. 755, and the John Yarnell Survey, Abstract No. 1038, the Town of Prosper, Collin County, Texas and being a portion of Block B, Lot 1 and Lot 2 of the Gates of Prosper, Phase 2, an addition to the Town of Prosper, according to the Conveyance Plat recorded in Volume 2020, Page 807 of the Plat Records of said county, same being a part of Tract 2, a called 4.448 acres tract described in a Warranty Deed to GOP #2 LLC, as recorded in Instrument No. 20190605000641620 of the Official Public Records of said county, a part of a called 157.1346 acres tract described in a Deed to 289 (Preston) & 380, LP, as recorded in 20121221001629970 and 20121221001629970 of said Official Public Records, a part of Tract Seven, a called 123.850 acres tract described in Deed to 289 (Preston) & 380 L.P., as recorded in Instrument No. 2019011800061180 of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for the southerly, southeast corner of said Block b, Lot 2, same being at the intersection of the northwesterly right-of-way line of State Highway 289 (Preston Road) (variable width Right-of-way) with the northerly right-of-way line of University Drive (U. S. Highway 380) (variable width Right-of-way); THENCE along the northerly right-of-way line of said University Drive (U. S. Highway 380) and the southerly line of said Lot 2, the following courses and distances: South 89°12'09" West, a distance of 792.64 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 84°43'41" West, a distance of 92.74 feet to a 1/2 inch iron rod found for corner; North 89°50'14" West, a distance of 430.49 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 87°55'41" West, a distance of 42.02 feet to a point for corner; THENCE North 00°00'00" East, departing the northerly right-of-way line of said University Drive (U. S. Highway 380), the southerly line of said Lot 2, crossing said Lot 2, a distance of 923.23 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 4°02'38", a radius of 850.00 feet, a chord bearing and distance of South 87°58'41" East, 59.98 feet; THENCE in an easterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 59.99 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, a distance of 747.44 feet to a point at the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 650.00 feet, a chord bearing and distance of North 45°00'00" East, 919.24 feet; THENCE in a northeasterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 1021.02 feet to a point for corner; THENCE South 00°00'00" East, continuing across said Lot 2, a distance of 301.08 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, passing the common line of said Lot 2 and aforesaid Block b, Lot 1, continuing across said Lot 1, a distance of 927.55 feet to a point for corner; THENCE South 52°50'32" East, continuing across said Lot 1, a distance of 25.77 feet to a point for corner on the southeasterly line of said Lot 1 and the northwesterly right-of-way line of aforesaid State Highway 289 (Preston Road); THENCE along the northwesterly right-of-way line of said U. S. Highway 289 (Preston Road), the southeasterly line of said Lot 1 and the southeasterly line of aforesaid Lot 2, the following courses and distances: South 37°09'28" West, a distance of 358.47 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 44°07'24" West, a distance of 418.54 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 60°08'40" West, a distance of 32.61 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner; South 89°43'04" West, passing at a distance of 30.16 feet, a 1/2 inch iron rod found for the most westerly southwest corner of the aforementioned Tract Seven, continuing a total distance of 59.48 feet to a 5/8 inch iron rod found; South 10°42'09" West, a distance of 261.71 feet to a TxDot aluminum disk found for corner; South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 13°02'09" West, a distance of 142.64 feet to a TxDot aluminum disk found for corner; South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and containing 44.137 acres (1,922,620 square feet) of land, more or less. Page 210 Item 8. Copyright © 2018 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\MKN_CIVIL\068109030-GATES OF PROSPER\CAD\EXHIBITS\20210211 - GATES ZONING EXHIBIT A-1.DWG PLOTTED BY BECKLER, RACHEL 3/3/2021 8:16 AM LAST SAVED 3/1/2021 9:05 PM BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.147, the Ben Renison Survey, Abstract No. 755, and the John Yarnell Survey, Abstract No. 1038, the Town of Prosper, Collin County, Texas and being a portion of Block B, Lot 1 and Lot 2 of the Gates of Prosper, Phase 2, an addition to the Town of Prosper, according to the Conveyance Plat recorded in Volume 2020, Page 807 of the Plat Records of said county, same being a part of Tract 2, a called 4.448 acres tract described in a Warranty Deed to GOP #2 LLC, as recorded in Instrument No. 20190605000641620 of the Official Public Records of said county, a part of a called 157.1346 acres tract described in a Deed to 289 (Preston) & 380, LP, as recorded in 20121221001629970 and 20121221001629970 of said Official Public Records, a part of Tract Seven, a called 123.850 acres tract described in Deed to 289 (Preston) & 380 L.P., as recorded in Instrument No. 2019011800061180 of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for the southerly, southeast corner of said Block b, Lot 2, same being at the intersection of the northwesterly right-of-way line of State Highway 289 (Preston Road) (variable width Right-of-way) with the northerly right-of-way line of University Drive (U. S. Highway 380) (variable width Right-of-way); THENCE along the northerly right-of-way line of said University Drive (U. S. Highway 380) and the southerly line of said Lot 2, the following courses and distances: South 89°12'09" West, a distance of 792.64 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 84°43'41" West, a distance of 92.74 feet to a 1/2 inch iron rod found for corner; North 89°50'14" West, a distance of 430.49 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 87°55'41" West, a distance of 42.02 feet to a point for corner; THENCE North 00°00'00" East, departing the northerly right-of-way line of said University Drive (U. S. Highway 380), the southerly line of said Lot 2, crossing said Lot 2, a distance of 923.23 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 4°02'38", a radius of 850.00 feet, a chord bearing and distance of South 87°58'41" East, 59.98 feet; THENCE in an easterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 59.99 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, a distance of 747.44 feet to a point at the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 650.00 feet, a chord bearing and distance of North 45°00'00" East, 919.24 feet; THENCE in a northeasterly direction, continuing across said Lot 2, with said curve to the left, an arc distance of 1021.02 feet to a point for corner; THENCE South 00°00'00" East, continuing across said Lot 2, a distance of 301.08 feet to a point for corner; THENCE North 90°00'00" East, continuing across said Lot 2, passing the common line of said Lot 2 and aforesaid Block b, Lot 1, continuing across said Lot 1, a distance of 927.55 feet to a point for corner; THENCE South 52°50'32" East, continuing across said Lot 1, a distance of 25.77 feet to a point for corner on the southeasterly line of said Lot 1 and the northwesterly right-of-way line of aforesaid State Highway 289 (Preston Road); THENCE along the northwesterly right-of-way line of said U. S. Highway 289 (Preston Road), the southeasterly line of said Lot 1 and the southeasterly line of aforesaid Lot 2, the following courses and distances: South 37°09'28" West, a distance of 358.47 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 44°07'24" West, a distance of 418.54 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 60°08'40" West, a distance of 32.61 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for corner; North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner; South 89°43'04" West, passing at a distance of 30.16 feet, a 1/2 inch iron rod found for the most westerly southwest corner of the aforementioned Tract Seven, continuing a total distance of 59.48 feet to a 5/8 inch iron rod found; South 10°42'09" West, a distance of 261.71 feet to a TxDot aluminum disk found for corner; South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set; South 13°02'09" West, a distance of 142.64 feet to a TxDot aluminum disk found for corner; South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and containing 44.137 acres (1,922,620 square feet) of land, more or less. EXHIBIT "A-1" FOR ZONING CASE NO. Z21-0004 GATES OF PROSPER BEING 44.14 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale Drawn by RABN/A Checked by Date Project No.Sheet No. RAK 2 OF 2Feb 2021 068109030 FIRM # 10115500 Owner: 183 Land Corporation, Inc. 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 Owner: 380 & 289 LP 1 Cowboys Way Frisco, TX 75034 Ph. 972-497-4367 McKinney, Texas 75069 260 EAST DAVIS ST, SUITE 100 Tel. No. (469)-301-2580 Applicant: Kimley-Horn and Associates, Inc. 260 East Davis St, Suite 100 McKinney, TX 75069 Ph. 469-301-2580 Contact : Joe Riccardi Page 211 Item 8. APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” Planned Development No. 67 P a g e | 80 Page 212 Item 8. Page 213 Item 8. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 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, including Prosper ISD Elementary School, No. 15 and Wild Fork Foods. Description of Agenda Item: Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their April 20, 2021, 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. Site Plan for Prosper ISD Elementary School, No. 15 2. Site Plan for Wild Fork Foods (Prosper Commons) Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Page 214 Item 9. Prosper Independent School Districtrevisionno.dateby date scale vert horiz tnp project sheet HUC21051Town of Prosper, Texas Prosper Independent School District New Elementary #15 APRIL 2021 teague nall and perkins, inc 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx www.tnpinc.com TBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE: PEF007431; TBAE: BR 2673 1"=60' N/A SITE PLAN FOR PROSPER ELEMENTARY SCHOOL No. 15 TOWN OF PROSPER COLLIN COUNTY, TEXAS DATE PREPARED: APRIL 2021 LOCATION MAP NOT TO SCALE BUILDING AREA SUMMARY SITE DATA SUMMARY FEMA NOTE WATER METER TABLE LEGEND SITE PLAN NOTES TOWN CASE # D21-0025 SITE PLAN Page 215 Item 9. Page 216Item 9. 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 – April 27, 2021 Agenda Item: Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020-2021 Budget). (BP) Description of Agenda Item: The Town of Prosper suffered landscape plant loss and damage during the winter freeze that occurred in early February 2021. This winter freeze was particularly damaging to landscaping plants due to the extended exposure to freezing and subzero temperatures. The entire State of Texas has suffered plant loss and depending on the region, different plants were affected at different levels. In Prosper, some of the trees have been delayed in leafing out and some may have permanent damage. The full extent may not be known for several years. However, staff estimates that ninety-five percent of the trees on Town property have started to bud out or put on new leaves. We are hopeful that others will leaf out as well. Most experts have indicated that an inventory of trees should wait until July before determining the amount of damage or death rate in trees. Two herbaceous plants suffered greatly due to the cold weather in the metroplex. Indian Hawthorn and Loropetalum are almost a complete loss in the metroplex. Although these plants suffered severely, staff and experts are still recommending the use of these shrubs due to their other positive characteristics, growth patterns, and being an evergreen shrub. It is unlikely that we will suffer a freeze as severe as the February 2021 freeze for quite some time. For the Loropetalums and Indian Hawthorns that did survive, it will take approximately two years or so for them to look like they did before the freeze. Hollies are an evergreen shrub used in this area that did not freeze, but caution should be exercised in creating a mono-culture of a single species of shrubs. Insect or disease could cause great devastation due to overuse, similar to the knock out roses a few years ago. Approximately 60% of the ornamental grasses have also died. The more established and older grasses were able to withstand the freeze and are recovering. Prosper is a place where everyone matters. FINANCE DEPARTMENT Page 217 Item 10. Page 2 of 2 Staff will utilize improved varieties and dwarf varieties of shrubs and grasses where it would reduce maintenance cost or where possible. Staff has received quotes for 4,210 plants as well as for the mulch and bedding material that will be required. The cost is as follows: Plants – $ 49,900 Mulch / bedding material – $ 11,837 The quote for plants was obtained from a grower at a price that is substantially lower than what local retail nurseries are charging. While plant prices are higher than they were six months ago, they are not unreasonable. The grower has agreed to hold the plants for the Town and care for them at the nursery until we need to take delivery if the Town issues a purchase order in advance. Landscape plants are currently in short supply due to the large number of plants being purchased as replacements, along with many nurseries and growers lost plants as well. If the Town decides to wait on replacing the plants until the summer or fall, it is possible that the supply will be available; however, it is also likely that prices will be even higher at that time. The Town is receiving separate bids for the labor to remove the dead shrubs / grasses, install new plants, repair any irrigation damage, clean up and mulch beds. Staff estimates this cost to be approximately $100,000.00. It should be noted that the extent of tree loss and replacement cost are not known at this time. Budget Impact: The General Fund expenditures will increase by $161,737. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 2020-71 (FY 2020-2021 Budget) to provide funding increased expenditures in the General Fund. Proposed Motion: I move to approve amending Ordinance No. 2020-71 (FY 2020-2021 Budget) to provide funding increased expenditures in the General Fund. Page 218 Item 10. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-XX AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 2020-71 (FY 2020-2021 BUDGET) TO FUND INCREASED EXPENDITURES OF $161,737 IN THE GENERAL FUND; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 2020-71 (FY 2020-2021 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in an overall net increase in the budget for funding from fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 2020-71 (FY 2020-2021 Budget). Ordinance No. 2020-71 (FY 2020-2021 Budget) is hereby amended to allow for increases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. Page 219 Item 10. Ordinance No. 2021-__, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF APRIL, 2021. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Page 220 Item 10. General Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Property Tax 18,246,167 18,246,167 18,246,167 - Sales Tax 5,793,141 5,793,141 5,793,141 - Franchise Fees 1,792,875 1,792,875 1,792,875 - License, Fees & Permits 3,575,100 5,127,742 5,127,742 - Charges for Services 845,275 845,275 845,275 - Fines & Warrants 400,000 400,000 400,000 - Grants 414,672 514,672 514,672 - Investment Income 85,000 85,000 85,000 - Transfers In 1,071,820 1,071,820 1,071,820 - Miscellaneous 252,350 252,350 252,350 - Park Fees 222,000 222,000 222,000 - Total $ 32,698,400 $ 34,351,042 $ 34,351,042 $ - Expenditures: Administration 5,598,394 6,544,400 6,544,400 - Police Services 5,997,484 6,142,033 6,142,033 - Fire Services 7,713,465 9,669,958 9,669,958 - Public Works 3,272,379 3,290,077 3,290,077 - Community Services 4,605,459 4,612,744 4,774,481 161,737 Development Services 3,371,304 4,208,958 4,208,958 - Engineering 2,031,806 2,055,123 2,055,123 - Total $ 32,590,291 $ 36,523,293 $ 36,685,030 $ 161,737 Total Revenue -$ Total Expenditures 161,737.00$ Net Effect All Funds (161,737.00)$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2020-2021 April 27, 2021 Page 221 Item 10. 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to Tollway District, generally located on the south side of Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-0026. (CA20-0004). Description of Agenda Item: Staff has received a request to rezone Planned Development-69 (PD-69), on 74.3± acres, generally to rezone the single-family tract to allow for retail uses. Rezoning requests, which do not conform to the Future Land Use Plan, shall be accompanied by a request to amend the Future Land Use Plan. The Comprehensive Plan anticipates the Town will encounter “development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map.” The document recommends that “development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the following questions and should be reviewed on their own merit.  Will the proposed change enhance the site and the surrounding area?  Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?  Will the proposed use impact adjacent residential areas in a negative manner?  Will the proposed use be compatible with and/or enhance adjacent residential uses?  Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?  Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?  Would it contribute to the Town’s long-term economic stability? Prosper is a place where everyone matters. PLANNING Page 222 Item 11. Page 2 of 2 The Plan states, “it should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project.” In response, the applicant provided the attached Request Letter. Legal Obligations and Review: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Existing Future Land Use Plan 2. Proposed Future Land Use Plan 3. Request Letter Staff Recommendation: Staff recommends the Town Council consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to Tollway District, generally located on the south side of Frontier Parkway, east of Dallas Parkway. Planning & Zoning Commission Recommendation: At their April 6, 2021 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 4-2. Proposed Motion: I move to (approve / deny) the request to amend the Future Land Use Plan from Medium Density Residential to Tollway District, generally located on the south side of Frontier Parkway, east of Dallas Parkway. Page 223 Item 11. Z 0 0.5 1 1.50.25 Miles Plate 2 FutureLand UsePlan Updated September 2020 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj P ar v i n R d.F.M. 1385GeeFishtrap Rd. U.S. 380 Dallas North TollwayProsper Trail First St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln Mahard PkwyHays RdShawnee Trl.Prairie Dr. Legend Low Density Residential Medium Density Residential High Density Residential Retail & Neighborhood Services Business Park Old Town District Town Center Tollway District US 380 District 100 Year Floodplain kjMajor Gateway kj Minor Gateway Town of Prosper ETJ Note: A comprehensive plan shall not constitutezoning regulations or establish zoning districtboundaries. Page 224 Item 11. Z 0 0.5 1 1.50.25 Miles Plate 2 FutureLand UsePlan CA20-0004 Proposed kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj P a r v i n R d .F.M. 1385GeeFishtrap Rd. U.S. 380 Dallas North TollwayProsper Trail First St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln Mahard PkwyHays RdShawnee Trl.Prairie Dr. Legend Low Density Residential Medium Density Residential High Density Residential Retail & Neighborhood Services Business Park Old Town District Town Center Tollway District US 380 District 100 Year Floodplain kjMajor Gateway kj Minor Gateway Town of Prosper ETJ Note: A comprehensive plan shall not constitutezoning regulations or establish zoning districtboundaries. Page 225 Item 11. February 11, 2021 Mr. Alex Glushko Senior Planner Town of Prosper 250 W. First Street Prosper, TX 75078 Re: Future Land Use Plan Amendment Metten Tract – SEQ of Dallas North Tollway/Frontier Parkway Dear Alex: On behalf of our Client, Metten Real Estate, LP, please let this letter serve as a formal request to amend the Future Land Use Plan for the property located along the southside of Frontier Parkway and east of Dallas North Tollway. The current plan calls for this property to be Medium Density Residential and we would request an amendment to Tollway District. Our team feels that this site is better suited for commercial uses along the Frontier Parkway which will be a 6-lane major thoroughfare in the near future. It is our belief that including the additional eastern acreage to the Tollway District is more suited for commercial with the access to Frontier and the Dallas North Tollway. The location of Frontier Park to the east of the tract is a compatible adjacent use to this tract. We do have single family adjacency to the south of this tract and we have incorporated additional setbacks for any use that has multi- story height. Given the imminent construction of the Dallas North Tollway and the tracts proximity to the established Town limits, if this tract stays residential it is our team’s belief this will hinder commercial development at this corner and likely positions the northern corners of this intersection for that commercial development This additional commercial acreage affords the Town additional commercial development opportunities at one of their gateway intersections along the Dallas North Tollway which we believe helps the long term economics of the Town. We would respectfully request that the Future Land Use Plan be amended to allow the proposed commercial uses. Please contact me if you have any questions. Respectfully, ClayMoore Engineering, Inc. Matt Moore, P.E. Page 226 Item 11. Page 1 of 4 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 Khara Dodds, AICP, Director of Development Services Re: Town Council Meeting – April 27, 2021 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend Planned Development- 69 (PD-69), on 74.3± acres, generally to amend the residential tract to allow for non-residential uses, located on the southeast corner of Dallas Parkway and Frontier Parkway. This is a companion case to CA20-0004. (Z20-0026). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-69- Retail and Single Family- 12.5 Undeveloped Tollway District and Medium Density Residential North City of Celina Undeveloped and Single Family Residential City of Celina East Agricultural Town of Prosper Frontier Park Medium Density Residential South Commercial Corridor and Planned Development-8 Undeveloped and Lakes of Prosper North Medium Density Residential West Commercial Undeveloped Tollway District Prosper is a place where everyone matters. PLANNING Page 227 Item 12. Page 2 of 4 Requested Zoning – The purpose of this request is to amend Planned Development-69 (PD-69) generally to rezone the residential tract to retail. PD-69 currently consists of the following:  Tract 1 which is 35.2± acres located on the southeast corner of Frontier Parkway and Dallas Parkway and allows for retail uses, in accordance with the Retail (R) District.  Tract 2 which is 45.6± acres located on the south side of Frontier Parkway, east of Dallas parkway, adjacent to Frontier Park and Lakes of Prosper North, and allows for single family uses, in accordance with the Single Family-12.5 (SF-12.5) District, as shown below. With this request the applicant is proposing to replace the existing single family residential (SF- 12.5) zoning of Tract 2, with the retail (R) zoning of Tract 1. Tract 1 is proposed to remain retail, no amendments are proposed on Tract 1. If approved, entire property would be zoned Planned Development-Retail. With the request there are no conceptual site layout exhibits. Rather, the PD currently requires approval of Conceptual Development Plans by the Planning & Zoning Commission and the Town Council prior to any development of the property. At this point in time, there are no plans for development of the property. This request is primarily to designate additional land along the Dallas Parkway (future Dallas North Tollway) for non-residential uses. Because the Future Land Use Plan currently designates the residential area (Tract 2) for Medium Density Residential uses, this zoning request is accompanied by a request to amend the subject property on the Future Land Use Plan entirely for Tollway District uses. Staff has requested market data to substantiate the viability of the additional non -residential acreage of Tract 2; however, such data was not provided. If the rezoning request is approved, the property owner has agreed to enter into a Development Agreement with the Town of Prosper to adopt architectural regulations consistent with Town standards. Lakes of Prosper North – The Town has received numerous letters of opposition from the southern adjacent neighborhood. The applicant has met with neighborhood representatives on multiple occasions to discuss the proposed rezoning request. The applicant and neighborhood have come to the following agreements:  Minor Automotive Repair and Automotive Part Sales are prohibited within 230 feet of the neighborhood;  Restaurant and Retail are prohibited within 230 feet of the neighborhood;  A 30-foot landscape buffer with dense evergreen trees are required adjacent to the neighborhood, to be provided with the first development within Tract 2; Page 228 Item 12. Page 3 of 4  Dumpsters are not permitted within 100 feet of the neighborhood;  A minimum 100-foot ornamental metal fence shall be required along the eastern property line, commencing at the southeast corner of Tract 2, adjacent to Frontier Park;  The street stub within Lakes of Prosper North, Straight Lane, shall be closed. As proposed the Zoning does not require cross-access from the neighborhood to the commercial development; however, a formal request to abandon the roadway will need to be formally pursued to finalize this request.  The neighborhood has also requested replacement of the existing privacy wood fencing; however, staff has advised this request not be included in the zoning and to pursue a private agreement between the homeowners and the commercial landowner. At this time, one item related to building height adjacent to the neighborhood remains unresolved. The neighborhood has requested the applicant limit the maximum building height to 1-story within 100 feet of the neighborhood; however, the applicant is requesting to retain the current standard which allow for a 2-story / 40-foot building in that area. The current rezoning request as proposed does not include the requirement to limit building height to a single story within 100 feet of the neighborhood. Future Land Use Plan – The Future Land Use Plan recommends Tollway District and Medium Density Residential for the subject property. The proposed zoning request does not conform to the Medium Density Residential District of the Future Land Use Plan. The companion item is a request to amend the Future Land Use Plan to Tollway District to accommodate the rezoning request. Thoroughfare Plan – The property has direct access to the Dallas Parkway and Frontier Parkway, 6-lane divided major thoroughfares. The property also has direct access to a 2-lane undivided north/south Commercial Collector along the west side of the property as shown above. This request conforms to the Thoroughfare Plan. Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject property; however, a hike and bike trail along Frontier Parkway will be required at the time of development. Legal Obligations and Review: Notification was provided to neighboring property owners as required by State Law. To date, Town staff has received twelve (12) Public Hearing Notice Reply Forms, seven (7) being located within 200’ feet of the subject property, all in opposition. Attached Documents: 1. Aerial and Zoning Maps 2. Existing PD-69 3. Proposed Exhibits 4. Exhibit C (Redlined) 5. Public Hearing Notice Reply Forms and Responses Staff Recommendation: There are two options for a recommendation, subject to the action taken on the companion case for the amendment to the Future Land Use Plan (CA20-0004). 1. If the Town Council recommends approval of the amendment to the Future Land Use Plan, then staff recommends approval of the rezoning request with the condition that the property owner enter into a Development Agreement with the Town of Prosper. Page 229 Item 12. Page 4 of 4 2. If the Town Council recommends denial of the amendment to the Future Land Use Plan, then staff recommends denial of the rezoning request. Planning & Zoning Commission Recommendation: At their April 6, 2021 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 4-2. In conjunction with their vote, the Commission emphasized the need for continued communication and collaboration between the applicant and representatives of Lakes of Prosper North to discuss topics including, but not limited to land uses, buffering, landscaping, screening, building height and design, and cross-access, prior to Town Council consideration. Proposed Motion: I move to (approve / deny) the request to amend Planned Development-69 (PD-69), on 74.3± acres, generally to amend the residential tract to allow for non-residential uses, located on the southeast corner of Dallas Parkway and Frontier Parkway. Page 230 Item 12. 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 RDFRONTIER PKWY DALLAS PKWYTALON LNLAKE TRAIL LNKIRKWOOD LNSTADIUM DREVENING SUN DR WESLEY DRCARUTH DR BEACON HILL DRBAINBRIDGE LNSABINE DR RUSTIC LN WATERVIEW DR COLEMAN STINWOOD LN HIGHBRID G E L N HAVENBROOK LNGREENWOOD MEMOR IAL DR FAWN MIST DR SHENANDOAH ST FOX CROSSING LNCLUB OAK CT 0 1,500750Feet µ Z20-0026 - Metten Tract This map is for illustration purposes only. Page 231 Item 12. 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 RDS-35 PD-36 PD-8 PD-22 PD-83 PD-8 PD-69 PD-44 PD-69 PD-35PD-63 AC A SF-10 SF-10/12.5 R SF-10/15 SF CC CC MF SF-10 SF-12.5 C SF-15 FRONTIER PKWY DALLAS PKWYTALON LNLAKE TRAIL LN KIRKWOOD LNSTADIUM DREVENING SUN DR WESLEY DRCARUTH DR BEACON HILL DRBAINBRIDGE LNSABINE DR WATERVIEW DR COLEMAN STINWOOD LN FAWN MIST DR SHENANDOAH ST FOX CROSSING LNQUIET OAK LN 0 1,500750Feet µ Z20-0026 - Metten Tract This map is for illustration purposes only. Page 232 Item 12. TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-41 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 80.71 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE FAMILY-12.5/RETAIL (PD-SF-12.5/R); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Metten Real Estate, L.P. ("Applicant") to rezone 80.71 acres of land, more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zonina Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described property containing 80.71 acres of land, more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development- Single Family-12.5/Retail (PD-SF-12.5/R). The property as a whole and the boundaries for Page 233 Item 12. each zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the conceptual development plan requirements, attached hereto as Exhibit "D"; and 4) the development schedule, attached hereto as Exhibit "E", which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three (3) original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penaltv. 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. Ordinance No. 14-41,Page 2 Page 234 Item 12. SECTION 6 Severabilitv. 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 22nd DAY OF JULY, 2014. Ray Smith, Miyor ATTEST: i Robyn ittle, ToVn Secre£ary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.14-41,Page 3 Page 235 Item 12. Marc, 00 c-1.1—iu FEET® e f` zLNE uun OP.2 af;' OG PPG _ - cuaaFUr wxo UxE+r.RaulTURAr 1 R curruxn ___- c2 O`' p pz In orvEO L t Lin of LErix iaElea olarRic'i IF FRONTIER PARKWAY 7__r_7 ow a0w e'4ry ar`i=00 1 5C'pQ'PO ry e/ II 11 I TOTA- 2.CzO1GROSSAREA TRACT, 3,515,55835 sf(BD 71 AC) y0 kACT2 PROPOSEDiZONING PD-RETAIL IRI NET AREA PROPOSEDFONING PD-SINGLE FAMILY-125 Y FkUP?OIIyJAY DISTRICT z f RENYZONING SF-ts 3.025,84125 sf(6946 AC1 POTENTIAL DENSITY x25 UTAC IQ a.= . IS jI LL,TAA I,',S DISTRICTI FLOP MEDIUM DENEU RESIDENTIAL n' ;'-.,, I--URRENT LAND USE 6URRENTZONING SF-15 II 811 r rcioI `3.' AGRICULTURAL SINGLEFAMILV-15DISTRICTI CURRENT LAND USE GROSS AREA AGRICULTURALoJ1,532.076A52 sf K J 351 GROSS ImA I19634B,83 s! INETAREA I/Q I 5,J77t si as ss AL I Ofz I11 I--+—-- 166]SAC 18543B33BS, D J.s]AC o of o c aw III l O n`I I 1 II I A I n xoTxs E11181TA 6I ZONING CASE#14-0006 a IiR .enas"„r.ry<wnss,.m m/u,.e__rovynAouELSoe F Metten Tract Ao a w.c15.REes o COLLIN COUNTY SCHOOL LANG RV 1 wITHIN,AIOa AOx HTS Fwe. i I SU EY NO 2 ABSTRACT p14] MAY,2014 r, IIIeAIvuEUrisocTCaNlxeoerTiNCSCF OWNER APPLICANT ENGINEER SURVEYOR FINAr vrnT F` con,.,,cnns,ian n,enen sui,e lm xs11117 U} .9oll,sPRELIMINARYI w R SE VICINITY MAP 11,. .=uAe:1-111-1—Kimley»>NornvW Page 236 Item 12. Ordinance No. 14-41,Page 5 Exhibit B for Z14-0006 Statement of Intent and Purpose The purpose of this planned development is to create a mix of retail and single family residential uses which are consistent with the Town's comprehensive plan. It is intended to utilize the Town's base standards and incorporate some additional uses and criteria which will better position the proposed development due to the properties proximity to the future Tollway and surrounding uses. Page 237 Item 12. Ordinance No. 14-41,Page 6 Exhibit C for Z14-0006 Planned Development Standards Tract 1 Retail A. General Description: The areas identified as Retail will provide the ability to encourage and to accommodate the development of office and retail service centers within growth corridors located along the North Dallas Tollway extension. The property within these areas shall develop under the standards for the Retail District as contained within the Town of Prosper Zoning Ordinance, as it exists or may be amended, subject to the specific provisions contained herein below. B. Permitted Uses: In addition to those permitted uses as allowed per the Retail District of the Town of Prosper Zoning Ordinance, the following use shall be permitted in the retail areas indicated on Exhibit"D". Uses followed by an S are only permitted by Specific Use Permit. Uses followed by a C are permitted subject to the conditional standards in the Town's Zoning Ordinance: 1.Hotels-C 2. Theater, Regional 3.Research & Development Center-S C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max. FAR for all other buildings shall be 0.4:1. D. Buildinq Heiqhts: The permitted height of all buildings within the retail areas of the Planned Development District shall be as follows: a. The allowed height for Hotels, Office buildings, and Hospitals located within the retail tract shall be eight (8) stories, not greater than one hundred (100) feet. All other uses shall be limited to two(2)stories, not greater than forty(40) feet. b.Non-residential buildings located within one hundred fifty feet (150') of a single- family zoned area shall be limited to a maximum height of two(2)stories. C.Non-residential buildings, which exceed two (2) stories in height, shall be required to have additional setbacks from single-family zoned areas. These additional setbacks will require one foot (1') of setback, beyond the aforementioned one hundred fifty feet (150'), for each additional foot of building height above two (2)stories. E. Lot Area: The minimum area of any lot shall be then thousand (10,000)square feet. F. Lot Width: The minimum width of any lot shall be one hundred feet(100'). G. Lot Depth: The minimum depth of any lot shall be one hundred (100'). H. Lot Coveraqe: In no case shall more than sixty percent (60%) of the total lot area be covered by the combined area of the main buildings exceeding 2-stories. Parking structures and surface parking facilities shall be excluded from the coverage computations. Lot coverage is limited to forty percent (40%) excluding parking and parking structures for all structures 2-stories and less. F.TRI Civil 69311700-Metten 80 Ac Prosper Submittals 2014 Frh,bits B-F for Z14 Revised 2 doc, Page 238 Item 12. Ordinance No. 14-41, Page 7 I.All required detention areas shall be developed as an amenity with upgrades such as landscaping, trees, trails, benches, etc., and constructed as a wet detention pond (constant water level) with a fountain and/or bubblers. The wet pond requirement may be waived if in conflict with TCEQ regulations, other applicable City/Town downstream water rights and/or other applicable regulatory requirements. Underground detention may be utilized within nonresidential components of the Planned Development. Tract 2 Sinqle Familv Residential A. The property shall be developed in accordance with the Single Family-12.5 District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be amended, unless identified below. B. Fencing: Privacy fences on single family residential lots shall be located ten (10) feet behind the front elevation of the main building and shall not exceed eight(8)feet in height above grade. All fencing located on single family residential lots adjacent to open space, parks, or floodplain shall consist of ornamental metal (wrought iron or decorative tubular steel). All wood fencing shall consist of cedar, board on board with a top rail, and comply with the Town's fencing standards as they exist or may be amended. A common wood fence stain color shall be established for the development. C. All required detention areas shall be developed as an amenity with upgrades such as landscaping, trees, trails, benches, etc., and constructed as a wet detention pond (constant water level) with a fountain and/or bubblers. The wet pond requirement may be waived if in conflict with TCEQ regulations, other applicable City/Town downstream water rights and/or other applicable regulatory requirements. Underground detention may be utilized within nonresidential components of the Planned Development. D. All homes shall provide an exterior lighting package to illuminate front entrances, landscaping and/or trees located in the front yard and garages. K:TRI Ci,it 69311700-Melt-SO Ac Prosper Submittals 2014 Exhibits B-F for Z14 ReN—d 2 d- Page 239 Item 12. Ordinance No. 14-41,Page 8 Exhibit D for Z14-0006 Conceptual Development Plan Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a Preliminary Plat, a Conceptual Development Plan shall be submitted, receive a recommendation from the Planning & Zoning Commission and be approved by the Prosper Town Council. This Conceptual Development Plan shall only be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and approved on the Conceptual Development Plan. Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1.alter the basic relationship of the proposed development to adjacent property, 2.alter the uses permitted, 3.increase the density, 4.increase the building height, 5.increase the coverage of the site, 6.reduce the off-street parking ratio, 7.reduce the building lines provided at the boundary of the site, or 8.significantly alter any open space plans If the Director of Development Services or the Planning & Zoning Commission determines that the proposed changes(s) violates one (1) or more of the above eight (8) criteria, then a public hearing shall be held to adequately amend the Conceptual Development Plan that is attached to the PD District's granting ordinance prior to the Planning & Zoning Commission's approval of the final development plan(s). Page 240 Item 12. Ordinance No. 14-41, Page 9 Exhibit E for Z14-0006 Development Schedule The development schedule will be influenced by actual market conditions. It is believed the single family residential development will occur in the next 2 to 3 years and will likely be an extension of the ongoing residential development to the south. The retail/office development will likely occur once the future improvements to Frontier Pkwy and the Dallas North Tollway are underway and/or completed. Page 241 Item 12. OWNER: BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEMEXISTING ZONING: NOT ZONED (CITY OF CELINALAND USE: AGRICULTURALOWNER: TOM MOSEYEXISTING ZONING: C-1 (RETAIL)LAND USE: AGRICULTURALLAKES OF PROSPER NORTH PHASE 2EXISTING ZONING: SF-10 (SINGLE FAMILY)LAND USE: RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TREJAX, LPEXISTING ZONING: CC (COMMERCIAL CORRIDOR)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TOWN OF PROSPER EXISTING ZONING: A (AGRICULTURAL) LAND USE: SCHOOL FUTURE LAND USE: MED DENSITY RESIDENTIAL OWNER: TEXAS REPUBLIC REALTY, LTDEXISTING ZONING: C (COMMERCIAL)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICT APPROX 2,705' TO CR51APPROX 5,850' TO LEGACYAPPROX 4,025' TOPROSPER TRCALLED 6.034 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL 5772, PG 2404O.P.R.C.C.T.PERMANENTRIGHT-OF-WAYPERMANENTDRAINAGE EASMENTFRONTIER PARKWAYDALLAS PARKWAYTRACT 1EXISTING ZONING: PD-69 (BASE ZONING - R)LAND USE: AGRICULTURALGROSS AREA:1,532,076.52 SF | 35.17 ACNET AREA:1,165,147.71 SF | 26.75 ACCOMMERCIAL COLLECTOR ROAD 622 624 626 628 630 632 620 S89°18'17"W2457.03'N0°45'03"W 1325.54' S0°09'51"W 1323.33'POBN89°21'20"E2665.09'TRACT 2EXISTING ZONING: PD-69 (BASE ZONING - SF-12.5)LAND USE: AGRICULTURALGROSS AREA:1,983,481.83 | 45.55 ACNET AREA:1,854,383.38 | 42.57 ACN0°52'03"W120.37'N89°10'03"E951.46'N89°26'37"E1515.03'S0°09'56"W70.03'S89°26'34"W29.93'N84°31'47"W100.00'S89°26'34"W1384.64'S86°34'24"W239.17'S89°12'34"W418.71'S44°13'50"W71.48'S0°52'03"E49.48'N89°12'34"E469.21'N86°34'24"E239.17'N89°12'34"E242.79'N89°26'34"E1379.17'S84°31'47"E100.00'N89°26'34"E33.94'N0°09'56"E100.01'DATENo.REVISION BYDATE:SHEETFile No.01/10/2020CHECKED:MAMDRAWN:MAMDESIGN:MAMMETTEN PROSPER PROSPER, TEXAS 75078 1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572 COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992016-XXXPRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-ACOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:KIMLEY HORNE & ASSOCIATES5750 GENESIS COURT, STE 200FRISCO, TX 75034PH: 972.335.3580METTEN REAL ESTATE, LP4872 NASHWOOD LANEDALLAS, TX 75244 CASE # : Z20-0026CONTACT NAME: MATT MOORECONTACT NAME: FRANK ABBOTABS A0147 COLLIN COUNTY SCHOOL LAND #12SURVEY, SHEET 1, TRACT 35, 74.336 ACRESPROSPER, TX 75078TRACT 1:EXISTING ZONING: PD-69 (BASE -R) (35.17 AC)PROPOSED ZONING: PD-69TRACT 2:EXISTING ZONING: PD-69 (BASE SF-12.5) (45.55 AC)PROPOSED ZONING: PD-69ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: CHRISTIAN METTENSITENVICINITY MAPN.T.S.DALLAS PKWY FRONTIERW PROSPER TRAILN COLEMANCOOK LN 5051THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FORILLUSTRATION PURPOSES ONLY AND DO NOT SET THE ALIGNMENT. THEALIGNMENT WILL BE DETERMINED AT THE TIME OF FINAL PLATTHOROUGHFARE NOTEPage 242Item 12. Z20-0026 EXHIBIT B STATEMENT OF INTENT AND PURPOSE The subject Tract 1 is currently zoned PD-69-Retail and tract 2 is currently zoned PD-69-SF 12.5. The purpose of the planned development is to create retail and office uses which are consistent with the Town’s Comprehensive Plan for the overall tract. It is intended to utilize the Town’s base standards and incorporate some additional uses and criteria which will better position the proposed development due to proximity to the future Tollway. Page 243 Item 12. Z20-0026 EXHIBIT C DEVELOPMENT STANDARDS Conformance with the Town’s Zoning and Subdivision Ordinances: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. Tract 1 & Tract 2 Retail A. General Description: The areas identified as Retail will provide the ability to encourage and to accommodate the development of office and retail service centers within growth corridors located along the North Dallas Tollway extension. The property within these areas shall develop under the standards for the Retail District as contained within the Town of Prosper Zoning Ordinance, as it exists or may be amended, subject to the specific provisions contained herein below. B. Permitted Uses: In addition to those permitted uses as allowed per the Retail District of the Town of Prosper Zoning Ordinance, the following use shall be permitted in the retail areas indicated on Exhibit “D”. Uses followed by an S are only permitted by Specific Use Permit. Uses followed by a C are permitted subject to the conditional standards in the Town’s Zoning Ordinance: a. Hotels - C b. Theater, Regional c. Research & Development Center – S d. Automobile Repair, Minor – In addition to conditional standards, shall not be located within 230 feet of residentially zoned property e. Automobile Parts Sales – Shall not be located within 230 feet of residentially zoned property f. Restaurant – In addition to conditional standards, shall not be located within 230 feet of residentially zoned property. g. Retail Shops and Stores – In addition to conditional standards, shall not be located within 230 feet of residentially zoned property. h. Convenience Store with Gas Pumps – Shall be prohibited within Tract 2. Tract 1 shall be governed by the Conditional Standards of the Zoning Ordinance as they exist or may be amended. C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max. FAR for all other buildings shall be 0.4:1. D. Building Heights: The permitted height of all buildings within the retail areas of the Planned Development District shall be as follows: a. The allowed height for Hotels, Office buildings, and Hospitals located within the retail tract shall be eight (8) stories, not greater than one hundred (100) feet. All other uses shall be limited to two (2) stories, not greater than forty (40) feet. b. Non-residential buildings located within one hundred fifty feet (150') of a single- family zoned area shall be limited to a maximum height of two (2) stories. Page 244 Item 12. c. Non-residential buildings, which exceed two (2) stories in height, shall be required to have additional setbacks from single-family zoned areas. These additional setbacks will require one foot (1') of setback, beyond the aforementioned one hundred fifty feet (150'), for each additional foot of building height above two (2) stories. E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square feet. F. Lot Width: The minimum width of any lot shall be one hundred feet (100’). G. Lot Depth: The minimum depth of any lot shall be one hundred (100’). H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot area be covered by the combined area of the main buildings exceeding 2-stories. Parking structures and surface parking facilities shall be excluded from the coverage computations. Lot coverage is limited to forty percent (40%) excluding parking and parking structures for all structures 2-stories and less. I. All required detention areas shall be developed as an amenity with upgrades such as landscaping, trees, trails, benches, etc., and constructed as a wet detention pond (constant water level) with a fountain and/ or bubblers. The wet pond requirement may be waived if in conflict with TCEQ regulations, other applicable City/Town downstream water rights and/ or other applicable regulatory requirements. Underground detention may be utilized within nonresidential components of the Planned Development. J. Landscaping: a. A 30-foot landscape buffer shall be provided adjacent to residentially zoned property. b. Perimeter landscaping adjacent to residentially zoned property shall consist of a double row of Nellie R Stevens Holly or Eastern Red Cedar trees, or similar as approved by the Parks Department, planted on 15-foot- centers, minimum of eight feet (8’) in height at the time of planting, in addition to canopy tees as require by the Zoning Ordinance. i. The landscape buffer and associated planting shall be provided in conjunction with the first development that occurs within Tract 2. K. Screening: a. Dumpster enclosures shall not be permitted within 100 feet of a residentially zoned property for retail/restaurant uses. b. An eight-foot (8’) ornamental metal fence shall be required along the east property line for a minimum distance of 200 feet and commencing at the southeast corner of the subject property. i. The ornamental metal fence shall be provided in conjunction with the first development that occurs within Tract 2. L. Access: a. Cross-access from Tract 2 shall not be required to the southern adjacent property. Page 245 Item 12. Z20-0026 Exhibit D Conceptual Development Plan Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a Preliminary Plat, a Conceptual Development Plan shall be submitted, receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council. This Conceptual Development Plan shall only be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creek ways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Site Plans and and/or Plats submitted for the development within the PD District shall conform to the data presented and approved on the Conceptual Development Plan. Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1) alter the basic relationship of the proposed development to adjacent property, 2) alter the uses permitted, 3) increase the density, 4) increase the building height, 5) increase the coverage of the site, 6) reduce the off-street parking ratio, 7) reduce the building lines provided at the boundary of the site, or 8) significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Page 246 Item 12. Z20-0026 EXHIBIT E DEVELOPMENT SCHEDULE With the impending improvements to Frontier Parkway and the Dallas North Tollway, it is anticipated that the development schedule will accelerate in the next couple of years. It is believed the development will occur in the next 2-5 years. Page 247 Item 12. Z20-0026 EXHIBIT C DEVELOPMENT STANDARDS Conformance with the Town’s Zoning and Subdivision Ordinances: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. Tract 1 & Tract 2 Retail A. General Description: The areas identified as Retail will provide the ability to encourage and to accommodate the development of office and retail service centers within growth corridors located along the North Dallas Tollway extension. The property within these areas shall develop under the standards for the Retail District as contained within the Town of Prosper Zoning Ordinance, as it exists or may be amended, subject to the specific provisions contained herein below. B. Permitted Uses: In addition to those permitted uses as allowed per the Retail District of the Town of Prosper Zoning Ordinance, the following use shall be permitted in the retail areas indicated on Exhibit “D”. Uses followed by an S are only permitted by Specific Use Permit. Uses followed by a C are permitted subject to the conditional standards in the Town’s Zoning Ordinance: a. Hotels - C b. Theater, Regional c. Research & Development Center – S d. Automobile Repair, Minor – In addition to conditional standards, shall not be located within 230 feet of residentially zoned property e. Automobile Parts Sales – Shall not be located within 230 feet of residentially zoned property f. Restaurant – In addition to conditional standards, shall not be located within 230 feet of residentially zoned property. g. Retail Shops and Stores – In addition to conditional standards, shall not be located within 230 feet of residentially zoned property. h. Convenience Store with Gas Pumps – Shall be prohibited within Tract 2. Tract 1 shall be governed by the Conditional Standards of the Zoning Ordinance as they exist or may be amended. C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max. FAR for all other buildings shall be 0.4:1. D. Building Heights: The permitted height of all buildings within the retail areas of the Planned Development District shall be as follows: a. The allowed height for Hotels, Office buildings, and Hospitals located within the retail tract shall be eight (8) stories, not greater than one hundred (100) feet. All other uses shall be limited to two (2) stories, not greater than forty (40) feet. b. Non-residential buildings located within one hundred fifty feet (150') of a single- family zoned area shall be limited to a maximum height of two (2) Page 248 Item 12. stories. c. Non-residential buildings, which exceed two (2) stories in height, shall be required to have additional setbacks from single-family zoned areas. These additional setbacks will require one foot (1') of setback, beyond the aforementioned one hundred fifty feet (150'), for each additional foot of building height above two (2) stories. E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square feet. F. Lot Width: The minimum width of any lot shall be one hundred feet (100’). G. Lot Depth: The minimum depth of any lot shall be one hundred (100’). H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot area be covered by the combined area of the main buildings exceeding 2-stories. Parking structures and surface parking facilities shall be excluded from the coverage computations. Lot coverage is limited to forty percent (40%) excluding parking and parking structures for all structures 2-stories and less. I. All required detention areas shall be developed as an amenity with upgrades such as landscaping, trees, trails, benches, etc., and constructed as a wet detention pond (constant water level) with a fountain and/ or bubblers. The wet pond requirement may be waived if in conflict with TCEQ regulations, other applicable City/Town downstream water rights and/ or other applicable regulatory requirements. Underground detention may be utilized within nonresidential components of the Planned Development. J. Landscaping: a. A 30-foot landscape buffer shall be provided adjacent to residentially zoned property. b. Perimeter landscaping adjacent to residentially zoned property shall consist of a double row of Nellie R Stevens Holly or Eastern Red Cedar trees, or similar as approved by the Parks Department, planted on 15-foot- centers, minimum of eight feet (8’) in height at the time of planting, in addition to canopy tees as require by the Zoning Ordinance. i. The landscape buffer and associated planting shall be provided in conjunction with the first development that occurs within Tract 2. K. Screening: a. Dumpster enclosures shall not be permitted within 100 feet of a residentially zoned property for retail/restaurant uses. b. An eight-foot (8’) ornamental metal fence shall be required along the east property line for a minimum distance of 200 feet and commencing at the southeast corner of the subject property. i. The ornamental metal fence shall be provided in conjunction with the first development that occurs within Tract 2. L. Access: a. Cross-access from Tract 2 shall not be required to the southern adjacent property. Page 249 Item 12. Tract 2 Single Family Residential A. The property shall be developed in accordance with the Single Family-12.5 District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be amended, unless identified below. B. Single Family Lots within 300’ of the perimeter of Tract 2 may be developed in accordance to Single Family-10 District as long as the overall residential density does not exceed 2.5 units per acre. C. Fencing: Privacy fences on single family residential lots shall be located ten (10) feet behind the front elevation of the main building and shall not exceed eight (8) feet in height above grade. All fencing located on single family residential lots adjacent to open space, parks, or floodplain shall consist of ornamental metal (wrought iron or decorative tubular steel). All wood fencing shall consist of cedar, board on board with a top rail, and comply with the Town's fencing standards as they exist or may be amended. A common wood fence stain color shall be established for the development. D. All required detention areas shall be developed as an amenity with upgrades such as landscaping, trees, trails, benches, etc., and/or as a wet detention pond (constant water level) with a fountain. E. All homes shall provide an exterior lighting package to illuminate front entrances, landscaping and trees located in the front yard and garages. Page 250 Item 12. Page 251 Item 12. Page 252 Item 12. From: To: Subject: Date: Caleb Heaton Scott Ingalls; Evelyn Mendez [*EXTERNAL*] - Zoning Case Z20-0026 Wednesday, February 24, 2021 1:11:52 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hello, My name is Caleb Heaton and I live at 860 Waterview Trail in Prosper TX 75078. I am voting no, against the rezoning. Please reach out to me if you have any questions. Thanks! -- Caleb Heaton Page 253 Item 12. From: To: Cc: Subject: Date: Importance: Jeanine Kirk Scott Ingalls; Evelyn Mendez Ron Kirk [*EXTERNAL*] - VOTE - Zoning Case Z20-0026 Wednesday, February 24, 2021 6:23:44 PM High ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hello, We are both voting AGAINST the proposed rezone. Ron & Jeanine Kirk 991 Waterview Dr. Prosper, TX 75078 All my best, ~ Jeanine Page 254 Item 12. From:Jeanine Kirk To:Scott Ingalls Subject:[*EXTERNAL*] - Zoning Case - Z20-0026 Opposition Date:Monday, April 5, 2021 4:04:52 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hello, We oppose Zoning Case - Z20-0026 for all of the reasons that have been previously discussed by ourselves, our neighbors on behalf of our neighborhood. Ron & Jeanine Kirk 991 Waterview Dr. Prosper, TX 75078 Thank you ~ All my best, All my best, ~ Jeanine Page 255 Item 12. From: To: Subject: Date: Randall Rogers Evelyn Mendez [*EXTERNAL*] - Zoning Wednesday, February 24, 2021 9:04:12 AM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** I reside at 840 waterview drive in Lakes of prosper north and I would like to vote against the rezoning of the property north of us , it should remain residential. Randy Rogers Page 256 Item 12. From:Jeremy Whisler To:Scott Ingalls Subject:[*EXTERNAL*] - Zoning Case Z20-0026 Date:Monday, April 5, 2021 4:45:14 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** I would like to submit my opposition to the rezone proposal in Zoning Case Z20-0026. I am hopeful we can reach an agreement with the land owners change my opposition to support. I oppose what has been offered or proposed to this point. Jeremy Whisler 851 Waterview Dr, Prosper, TX 75078 Page 257 Item 12. From:Chris P To:Scott Ingalls Subject:[*EXTERNAL*] - Zoning case Z20-0026 Date:Tuesday, April 6, 2021 1:51:09 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** I live at 830 Waterview Drive, Prosper, Tx 75078 and would like to oppose the rezoning from residential to commercial in this case. Chris Puckett Page 258 Item 12. Page 259 Item 12. From: To: Subject: Date: Adam Corder Scott Ingalls [*EXTERNAL*] - Vote Wednesday, February 24, 2021 11:12:53 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Reference zoning case z20-0026 The property owners at 921 Sabine vote against the retail zoning. Adam Corder Page 260 Item 12. From: To: Subject: Date: Lindsey Corder Scott Ingalls [*EXTERNAL*] - Vote Wednesday, February 24, 2021 11:15:26 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Case - Z20-0026 The home owner at 921 Sabine vote against the decision to re zone this area to retail. Please consider the families this will affect. Lindsey Corder Page 261 Item 12. From: To: Subject: Date: Mcgowan, Jim (Nokia - US/Dallas) Evelyn Mendez [*EXTERNAL*] - Proposed re-zoning of the property located at SE corner of Frontier Pkwy & Dallas Pkwy (Tract 2) Wednesday, February 24, 2021 10:11:44 AM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** I am a resident in Lakes of Prosper North, and would like to voice my opposition to the proposal to change the zoning of this property (Tract 2), which is currently zoned for medium residential. Is there a specific process to follow to ensure my “rejection” vote counts? Regards. Jim McGowan Page 262 Item 12. From:Scott Ingalls To:Evelyn Mendez Subject:FW: [*EXTERNAL*] - Zoning Case Z20-0026 Date:Thursday, February 25, 2021 3:37:14 PM Here is one more opposed. From: Eli Smith <binspoonal@gmail.com> Sent: Thursday, February 25, 2021 12:25 PM To: Scott Ingalls <SIngalls@prospertx.gov> Cc: Alina Ryn <alinamryn@gmail.com> Subject: [*EXTERNAL*] - Zoning Case Z20-0026 ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hi, We would like to vote against re-zoning. 941 Rustic Ln Prosper TX 75078 Regards, Eli L. Smith Page 263 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 – April 27, 2021 Agenda Item: Consider and act upon approving a resolution strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). Description of Agenda Item: As Council is aware, TxDOT is designing the expansion of FM 1461 (Frontier Parkway) from SH 289 (Preston Road) to County Road 165 in McKinney from a two-lane asphalt rural road to a four-lane urban road expandable to an ultimate six-lane configuration. The Town of Prosper’s initial involvement in the project began in December 2017, during review of the draft schematic design. During multiple reviews and meetings with TxDOT, the Town of Prosper requested alternative design considerations to address the impacts to the south of the roadway caused by the alignment of the roadway. The proposed alignment affects the existing trees and landscape berms along the corridor. In addition, TxDOT’s decision to construct a new bridge south of the existing bridge, instead of widening both sides of the existing bridge, further compound the inequity of additional right-of-way required on the south side of the roadway. Since TxDOT has commenced with completing the design of the project without addressing the Town’s comments, and is currently engaged in the right-of-way acquisition phase of the project, it is necessary that the Town provide a resolution strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). The attached resolution also requests TxDOT stop all negotiations on the proposed right-of-way until an alternative design is considered to address the Town’s comments. 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. Centerline Exhibit Prosper is a place where everyone matters. ENGINEERING SERVICES Page 264 Item 13. Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). Proposed Motion: I move to approve a resolution strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). Page 265 Item 13. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2021- __ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, STRONGLY OPPOSING THE PROPOSED ALIGNMENT OF FM 1461 (FRONTIER PARKWAY FROM SH 289 (PRESTON ROAD) TO FM 2478 (CUSTER ROAD); MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation (TxDOT) has completed the design of the alignment of FM 1461 (Frontier Parkway) which roadway alignment in the Town is from Preston Road to Custer Road; and WHEREAS, the December 2017 TxDOT Draft Schematic for such alignment included a right turn lane at Winding Creek Road; and WHEREAS, at a meeting on February 12, 2018, Town Staff requested alternative sections to narrow medians, and retaining walls to minimize impact on existing trees, landscape berms, and underground water line adjacent to Gentle Creek subdivision; and WHEREAS, on May 31, 2018, Town Staff commented again about looking at alternative sections to mitigate the right-of-way on the south side of the roadway; and WHEREAS, the June 2018 Schematic was approved with the removal of the right turn lane into Gentle Creek subdivision and a significant shift of main lanes to the south; and WHEREAS, the Town’s comments apparently were not addressed by TxDOT and it was not clear from the approved Schematic that the main lanes had shifted south approximately fifteen feet (15’), thereby the Town in effect lost the right turn lane, and TxDOT shifted the road to create an additional impact on the entire Gentle Creek subdivision; and WHEREAS, at a virtual meeting with TxDOT on July 10, 2018, the Town and TxDOT met regarding the Town review comments dated May 31, 2018, which were not addressed in the TxDOT approved Schematic; and WHEREAS, on January 22, 2019, Town Staff commented on the 30% Plans to add the right turn lane at Winding Creek Road based on the assumption that the reduction of the outer lane from fourteen feet (14’) to twelve feet (12’) could allow enough room to get the right turn lane included back into the project; however, it was not clearly identified that TxDOT had shifted the main lanes south approximately fifteen feet (15’); and WHEREAS, on May 20, 2020, the Town again made the same comment to TxDOT about the right turn lane and posed questions about impacts to fences, trees, landscaping, stone walls, and other features, including specific reference to the median and subdivision entry walls at Winding Creek Road; and WHEREAS, the current set of design plans still shows an approximate shift of fifteen feet (15’) in right-of-way from the current centerline of FM 1461 which disproportionally impacts the existing developments on the south side of FM 1461 when compared to the proposed development on the north side that had not yet been constructed when the Schematic was approved; and Page 266 Item 13. Resolution No. 2021-__, Page 2 WHEREAS, in addition, the current set of plans shows approximately twenty-five feet (25’) of right-of-way from the south curb line of the proposed roadway versus approximately nine feet (9’) from the north curb line of the proposed roadway, thereby creating an even more disproportionate impact on the existing developments on the south side of FM 1461; and WHEREAS, the design of a new bridge (STA 198+00 to STA 203+00) to the south of the existing bridge instead of widening on both sides of the existing bridge create s an additional disproportionate impact on the eastern edge of the Gentle Creek subdivision. 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, hereby expresses its strong opposition to the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). SECTION 3 The Town Council hereby directs no further Town staff coordination with TxDOT or any other entity related to the proposed alignment of FM 1461 (Frontier Parkway from SH 289 (Preston Road) to FM 2478 (Custer Road). SECTION 4 The Town Council hereby requests that TxDOT stop all negotiations on proposed rights- of-way until an alternative design is considered to address the Town’s comments. SECTION 5 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 6 This Resolution shall be effective from and after its passag e by the Town Council. Page 267 Item 13. Resolution No. 2021-__, Page 3 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF APRIL, 2021. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 268 Item 13. DENSETREES V V DENSETREES V CONCRETE DENSETREES ONLYONLYONLYONLYPBX ONLYONLY ONLY ONLYONLY ONLY CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES PT 105+12.16 PC 104+55.24PT 102+93.44 PC 108+83.49 105+00PC 101+29.71PT 109+50.31 TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY CITY OF CELINA COLLIN COUNTY CALLED 124.655 ACRES O.P.R.C.C.T. 20130726001053280 DOCUMENT NO. MERITAGE HOMES OF TEXAS, LLC OWNER: REMAINDER OF 134.88 ACRES O.P.R.C.C.T. VOLUME 4957, PAGE 2455 KEERAN FAMILY PARTNERSHIP, LTD. OWNER: REMAINDER TRACT O.P.R.C.C.T. DOCUMENT NO. 20170711000905730 BLUE STAR LAND, L.P. OWNER: O.P.R.C.C.T. VOLUME 2013, PAGE 561 FRONTIER ESTATES LOT 1, BLOCK A REMAINDER OF O.P.R.C.C.T. VOLUME 2018, PAGE 699 VICTORY AT FRONTIER LOT 2, BLOCK A P.R.C.C.T. CABINET C, PAGE 784 ADDITION PRESTON HILLS LOT 2 O.P.R.C.C.T. VOLUME 2018, PAGE 699 VICTORY AT FRONTIER LOT 3, BLOCK A P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 1 D.R.C.C.T. 20090721000915890 DOCUMENT NO. TOWN OF PROSPER, TEXAS O.P.R.C.C.T. DOCUMENT NO. 20170215000206880 AND AARON W. JOHNSON JANNA L. JOHNSON OWNER: P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 3 CALLED 1.920 ACRES D.R.C.C.T. VOLUME 625, PAGE 37 TRACT #2 STATE OF TEXAS CALLED 9.710 ACRES D.R.C.C.T. VOLUME 625, PAGE 37 STATE OF TEXAS CALLED 2.167 ACRES D.R.C.C.T. VOLUME 625, PAGE 37 TRACT #1 STATE OF TEXAS CALLED 0.0316 ACRES DOCUMENT NO. 20110810000839420 PARCEL 1 STATE OF TEXAS CALLED 1.203 ACRES D.R.C.C.T. VOLUME 484, PAGE 281 STATE OF TEXAS O.P.R.C.C.T. PAGE 3178 VOLUME 4791 EASEMENT TELEPHONE COMPANY SOUTHWESTERN BELL O.P.R.C.C.T. DOCUMENT NO. 94-0086227 TELEPHONE COMPANY EASEMENT SOUTHWESTERN BELL O.P.R.C.C.T. VOLUME 2018, PAGE 699 TOWN OF PROSPER 30' ROW DEDICATION O.P.R.C.C.T. DOCUMENT NO. 20080623000754670 TOWN OF PROSPER 10' WATER EASEMENT ABSTRACT NO. 167 SCHOOL LAND SURVEY COLLIN COUNTY (NO DEED OF RECORD FOUND) STATE OF TEXAS ABSTRACT NO. 172 SCHOOL LAND SURVEY COLLIN COUNTY CALLED 0.3904 ACRES DOCUMENT NO. 20110718000741730 PARCEL 4 STATE OF TEXAS ABSTRACT NO. 788 SPENCER RICE SURVEY SH 289 (PRESTON ROADSH 289 (PRESTON ROADO.P.R.C.C.T. VOLUME 4029, PAGE 1820 CITY OF PROSPER WATERLINE EASEMENT FM 1461 ROW MONUMENT NO. (CM) "TEXAS DEPARTMENT OF TRANSPORTATION FOUND 3-1/2"ALUMINUM DISK STAMPED "ALLIANCE" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD N 88°32'39" E 351.27' S 82°45 '47" E 207 .32 '340.67' N 89°15'12" E N 88°52'13" E 199.55'N 00°42'05" W 849.69'361.91' N 89°15'12" E 103.55' N 43°13'10" E N 88°52'13" E 304.98'N 01°24'20" EN 88°32'39" E 316.81' N 83°24'27" E 159.42' 296.58'59.15'N 01°24'20" E74.88' N 42°35'47" E N 88°11'33" E 124.16' N 89°18'29" E 3,878.30' MONUMENT BEARS FOUND TXDOT TYPE I MONUMENT (CM) FOUND WOOD TXDOT IRON ROD (CM) FOUND 1/2" "KHA" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD O.P.R.C.C.T. VOLUME 4029, PAGE 1820 CITY OF PROSPER WATERLINE EASEMENT N 89°28'56" E TRANSPORTATION (CM) DEPARTMENT OF STAMPED "TEXAS FOUND 4"BRASS DISK "WINDROSE" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD IRON ROD (CM) FOUND 1/2" "KHA" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD "KHA" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD WOOD MONUMENT (CM) FOUND TXDOT N 88°32'39" E N 88°52'13" E TYPE I MONUMENT (CM) FOUND TXDOT (CM) WOOD MONUMENT FOUND TXDOT TRANSPORTATION (CM) DEPARTMENT OF STAMPED "TEXAS FOUND 4"BRASS DISK "WINDROSE" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD 8.40' 483.29' N 89°15'12" E CALLED 2.642 ACRES D.R.C.C.T. VOLUME 484, PAGE 305 STATE OF TEXAS L1S 89°51'16" E 207.82' 46.02'L2 S 46°40'21" E 536.83'L3S 00°23'03" E 175.15'294.65' 416.91' N 00°42'05" W 0.34'BEARS FOUND 1/2"IRON ROD N 89°18'29" E 3,878.69' NEW R.O.W. LINE NEW R.O.W. LINE ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY 1 2 & PARCEL 4 PARCEL 2 P.O.B. 80.00' LT STATION 109+62.65 E=2,494,241.57 N=7,147,749.00 80.00' RT STA 106+11.66 95.00' RT STA 104+52.42 96.23' RT STA 101+37.11 171.05' RT STA 100+65.59 79.94' RT STA 109+16.90 109.12' LT STA 101+60.40 110.17' LT STA 105+12.51 80.00' LT STA 107+17.62 80.06' LT STA 109+16.90 ** ** ** ** ** ** 4 CALLED 0.924 ACRES D.R.C.C.T. VOLUME 484, PAGE 287 STATE OF TEXAS & PARCEL 4 PARCEL 2 P.O.C. IRON ROD (CM) FOUND 1/2" O.P.R.C.C.T. VOLUME 2014, PAGE 697 FRONTIER ESTATES PHASE 1 LOT 19, BLOCK Q O.P.R.C.C.T. VOLUME 2014, PAGE 697 FRONTIER ESTATES PHASE 1 LOT 18, BLOCK Q & PARCEL 3 PARCEL 1 P.O.C. "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD 3 11"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' 1 PLPL PL PL2 PL PL PLPLPARENT TRACT INSERT (NOT TO SCALE)EXISTING R.O.W.EXISTING R.O.W. LINE R.O.W. NEW P.O.C. P.O.B. PARENT TRACT INSERT (NOT TO SCALE) LINE R.O.W. NEW P.O.B. P.O.C. LS LSLS LSPLPL PLPL PLPLPLPL PL EXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. EXISTING R.O.W. STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 03COLLIN FM 1461 1973 01 018 N/A 18 PLPL LINE TABLE L1 S 00°42'05" E 34.02' L2 S 46°40'21" E 79.72' L3 S 00°23'03" E 36.09' PL PLPL PL PLPL PLPL PL PLP.O.C. 4 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. LINE R.O.W. NEW P.O.B. R.O.W. LINE NEW P.O.C. PARENT TRACT INSERT (NOT TO SCALE) 3 EXISTING R.O.W. P.O.B. = 163.73'CHORD DISTANCE = N 89°00'48" ECHORD BEARING = 10,000.00'RADIUS = 163.73'LENGTH = 81.87'TANGENT = 00°34'23"DEGREE OF CURVE = 00°56'17"DELTA = 2,493,491.71PI EASTING = 7,147,652.95PI NORTHING = 102+11.58PI STATION CENTERLINE CURVE DATA = 56.92'CHORD DISTANCE = N 88°42'26" ECHORD BEARING = 10,000.00'RADIUS = 56.92'LENGTH = 28.46'TANGENT = 00°34'23"DEGREE OF CURVE = 00°19'34"DELTA = 2,493,763.75PI EASTING = 7,147,659.87PI NORTHING = 104+83.70PI STATION CENTERLINE CURVE DATA = 66.82'CHORD DISTANCE = N 89°03'42" ECHORD BEARING = 10,000.00'RADIUS = 66.82'LENGTH = 33.41'TANGENT = 00°34'23"DEGREE OF CURVE = 00°22'58"DELTA = 2,494,196.86PI EASTING = 7,147,668.41PI NORTHING = 109+16.90PI STATION CENTERLINE CURVE DATA EXISTING R.O.W.EXISTING R.O.W.TRANSPORTATION (CM) DEPARTMENT OF STAMPED "TEXAS FOUND 4"BRASS DISK ** N 84°28'31" E 183.46' THE REMAINDER OF PARCELS 3 & 4 NOTE: SEE SHEET 04 FOR ** ** 1,629.16' CALLED 15.00 ACRES O.P.R.C.C.T. (AN UNDIVIDED 96.1759% INTEREST) AND VOLUME 5470, PAGE 2182 (AN UNDIVIDED 3.8241% INTEREST) VOLUME 5470, PAGE 2177 BLUE STAR LAND, L.P. OWNER: & PARCEL 3 PARCEL 1 P.O.B. 79.97' RT STATION 109+08.44 E=2,494,189.78 N=7,147,588.25 DISK SE 3-1/4"ALUMINUM HM#E0430166 LONG. = 96°47'03.3781" W LAT. = 33°15'45.2668" N E = 2,493,280.29 N = 7,147,651.04 STA. 100+00.15 RCSJ: 1973-01-018 CCSJ: 1973-01-015 BEGIN PROJECT E=2,493,674.5332 N=7,146,243.1619 GRID COORDINATE E=2,492,701.1330 N=7,146,092.5016 GRID COORDINATE E=2,492,444.2946 N=7,146,882.2486 GRID COORDINATE E=2,493,798.9874 N=7,146,984.5891 GRID COORDINATE (VARIABLE WIDTH RIGHT-OF-WAY)(VARIABLE WIDTH RIGHT-OF-WAY)(VARIABLE WIDTH RIGHT-OF-WAY)Page 269 Item 13. DENSETREES PBX PBX PBX V DENSETREES DENSETREES DENSETREES CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE DENSETREES PBX DENSETREES DENSETREES V CONCRETE V DENSETREES DENSETREES VV CONCRETE CONCRETE DENSETREES DENSETREES PBX V V V V PT 123+41.05 PC 122+74.43 PT 121+74.43 PC 121+12.66 120+00119+18.38 115+00 PC 108+83.49 PT 109+50.31 112+78.43 TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINEAPPROXIMATE CITY LIMIT LINEEXTRATERRITORIAL JURISDICTION CITY OF CELINA COLLIN COUNTY CITY OF CELINA COLLIN COUNTY CALLED 124.655 ACRES O.P.R.C.C.T. DOCUMENT NO. 20130726001053280 MERITAGE HOMES OF TEXAS, LLC OWNER: REMAINDER TRACT O.P.R.C.C.T. 20170711000905730 DOCUMENT NO. BLUE STAR LAND, L.P. OWNER: O.P.R.C.C.T. VOLUME 2013, PAGE 561 FRONTIER ESTATES LOT 1, BLOCK A REMAINDER OF P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 2 P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 1 P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 35 P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 34 O.P.R.C.C.T. DOCUMENT NO. 20100107000018010 JAMES L. HARGIS OWNER:O.P.R.C.C.T. DOCUMENT NO. 20170215000206880 AND AARON W. JOHNSON JANNA L. JOHNSON OWNER: P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 36 P.R.C.C.T. CABINET C, PAGE 784 PRESTON HILLS ADDITION LOT 3 CALLED 8.87 ACRES O.P.R.C.C.T. DOCUMENT NO. 2000-0054434 AND WIFE, MARIA E. MILLEN MICHAEL R. MILLEN OWNER: CALLED 0.924 ACRES D.R.C.C.T. VOLUME 484, PAGE 287 STATE OF TEXAS CALLED 2.642 ACRES D.R.C.C.T. VOLUME 484, PAGE 305 STATE OF TEXAS D.R.C.C.T. VOLUME 484, PAGE 287 STATE OF TEXAS RIGHT-OF-WAY EASEMENT CALLED 1.203 ACRES D.R.C.C.T. VOLUME 484, PAGE 281 STATE OF TEXAS P.R.C.C.T. CABINET C, PAGE 784 30' BUILDING LINE P.R.C.C.T. CABINET C, PAGE 784 DRAINAGE EASEMENT ABSTRACT NO. 172 SCHOOL LAND SURVEY COLLIN COUNTY P.R.C.C.T. CABINET C, PAGE 784 BUILDING LINE PRESTON HILLS CIRCLEO.P.R.C.C.T. VOLUME 4029, PAGE 1820 CITY OF PROSPER WATERLINE EASEMENT N 89°15'12" E 340.67'199.55' N 88°52'13" E N 00°42'05" W 849.69'N 89°30'50" E 155.08' N 86°25'08" E 228.63' N 89°15'12" E 361.91' 304.98' N 88°52'13" E 100.00' N 86°38'52" E296.58' N 13°33'32" E 0.46'BEARS FOUND 1/2"IRON ROD N 89°30'50" E N 87°24'16" E N 89°15'12" E 8.40' 483.29' N 89°18'29" E 3,878.30' N 88°52'13" E FM 1461 L146.02' 536.83'L3S 00°23'03" E 175.15'294.65' 416.91' L4L5L6 L7 N 85°25'16" E 229.01' 417.87'62.38' N 89°26'49" E 427.22'N 03°18'42" W 175.53'S 03°18'42" E 206.11' L9 L10 L11L13L14 S 00°42'49" E 206.36'L15 S 01°49'36" E 1.12'BEARS FOUND 1/2"IRON ROD L16205.79' 416.70' N 89°26'49" E 0.78'BEARS FOUND 1/2"IRON ROD 461.77' N 89°30'50" E 480.25'N 89°10'27" E 194.07' N 89°30'50" E 320.20'N 89°10'27" E 194.29' N 00°42'05" W 0.34'BEARS FOUND 1/2"IRON ROD 1,629.16' L8 60.06' 23.22' 197.04' N 89°18'29" E 3,878.69' "CBG SURVEYING" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD IRON ROD (CM) FOUND 1/2" NEW R.O.W. LINE NEW R.O.W. LINE ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY & PARCEL 4 PARCEL 2 P.O.C. IRON ROD (CM) FOUND 1/2" 1 2 3 4 5 6 7 & PARCEL 4 PARCEL 2 P.O.B. 80.00' LT STATION 109+62.65 E=2,494,241.57 N=7,147,749.00 & PARCEL 3 PARCEL 1 P.O.B. 79.97' RT STATION 109+08.44 E=2,494,189.78 N=7,147,588.25 & PARCEL 7 PARCEL 6 PARCEL 5 P.O.C. IRON ROD (CM) FOUND 1/2" & PARCEL 6 PARCEL 5 P.O.B. 70.00' LT STATION 114+37.92 E=2,494,717.25 N=7,147,744.47 PARCEL 7 P.O.B. 70.00' LT STATION 118+55.80 E=2,495,135.11 N=7,147,748.01 79.94' RT STA 109+16.90 80.06' LT STA 109+16.90 80.00' LT STA 112+57.31 116.00' LT STA 112+93.04 116.00' LT STA 113+41.04 79.67' LT STA 113+77.37 70.00' LT STA 119+18.17 70.00' LT STA 121+12.66 78.55' LT STA 123+18.76 80.00' LT STA 123+41.05 80.00' RT STA 112+79.45 80.00' RT STA 113+43.45 94.00' RT STA 113+29.4594.00' RT STA 112+93.45 75.00' RT STA 119+18.3875.00' RT STA 115+98.40 75.00' RT STA 121+12.45 69.00' RT STA 123+41.05 80.00' RT STA 114+98.53 ** ** ** **** ** ** ** ** **** **** ****** ** ** ** O.P.R.C.C.T. DOCUMENT NO. 94-0086227 TELEPHONE COMPANY EASEMENT SOUTHWESTERN BELL CALLED 3.440 ACRES D.R.C.C.T. VOLUME 485, PAGE 147 STATE OF TEXAS CALLED 17.99 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150127000089990 AND WIFE MARIA E. MILLEN MICHAEL R. MILLEN OWNER: N 89°18'47" E O.P.R.C.C.T. VOLUME 2014, PAGE 697 FRONTIER ESTATES PHASE 1 LOT 19, BLOCK Q O.P.R.C.C.T. VOLUME 2014, PAGE 697 FRONTIER ESTATES PHASE 1 LOT 18, BLOCK Q & PARCEL 3 PARCEL 1 P.O.C. "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD 590.29' 8 LS PARCEL 8 IS LOCATED ON SHEET 05 NOTE: P.O.C. AND P.O.B. FOR 1 PLPL PL PL2 PL PL PLPLPARENT TRACT INSERT (NOT TO SCALE)EXISTING R.O.W.EXISTING R.O.W. LINE R.O.W. NEW P.O.C. P.O.B. PARENT TRACT INSERT (NOT TO SCALE) LINE R.O.W. NEW P.O.B. P.O.C. 11"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50'STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 04COLLIN FM 1461 1973 01 018 N/A 18 0'25'50'100' GRAPHIC SCALE 50'PL PLPL PL PLPL PLPL R.O.W. LINE NEW P.O.C. PARENT TRACT INSERT (NOT TO SCALE) 3 EXISTING R.O.W. P.O.B. PLPL PL PLPLPLPL PL PLPLPL LINE R.O.W. NEW PARENT TRACT INSERT (NOT TO SCALE) LINE R.O.W. NEWP.O.C. 7 PARENT TRACT INSERT (NOT TO SCALE) P.O.C. P.O.B. 8 EXISTING R.O.W. P.O.B. EXISTING R.O.W.EXISTING R.O.W.PLPL PL PL PL PL PL PLPLPLPLPLPLEXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. LINE TABLE L1 S 00°42'05" E 34.02' L3 S 00°23'03" E 36.09' L4 S 44°30'50" W 51.05' L5 S 89°30'50" W 48.00' L6 N 45°29'10" W 51.38' L7 S 81°24'48" E 61.32' S 45°29'10" E 19.80' L8 N 89°18'47" E 352.86' L9 N 89°30'50" E 36.00'L10 N 44°30'50" E 19.80'L11 N 89°18'47" E 400.80'L12 S 03°18'42" E 35.74'L13 S 03°18'42" E 25.84'L14 S 00°42'49" E 24.32'L15 S 00°42'54" E 38.50'L16 L12 = 66.82'CHORD DISTANCE = N 89°03'42" ECHORD BEARING = 10,000.00'RADIUS = 66.82'LENGTH = 33.41'TANGENT = 00°34'23"DEGREE OF CURVE = 00°22'58"DELTA = 2,494,196.86PI EASTING = 7,147,668.41PI NORTHING = 109+16.90PI STATION CENTERLINE CURVE DATA = 61.77'CHORD DISTANCE = N 88°17'21" ECHORD BEARING = 2,000.00'RADIUS = 61.77'LENGTH = 30.89'TANGENT = 02°51'53"DEGREE OF CURVE = 01°46'11"DELTA = 2,495,423.43PI EASTING = 7,147,681.79PI NORTHING = 121+43.55PI STATION CENTERLINE CURVE DATA = 66.62'CHORD DISTANCE = N 88°21'31" ECHORD BEARING = 2,000.00'RADIUS = 66.62'LENGTH = 33.31'TANGENT = 02°51'53"DEGREE OF CURVE = 01°54'31"DELTA = 2,495,587.47PI EASTING = 7,147,689.23PI NORTHING = 123+07.75PI STATION CENTERLINE CURVE DATA CALLED 15.00 ACRES O.P.R.C.C.T. (AN UNDIVIDED 96.1759% INTEREST) AND VOLUME 5470, PAGE 2182 (AN UNDIVIDED 3.8241% INTEREST) VOLUME 5470, PAGE 2177 BLUE STAR LAND, L.P. OWNER:PLTHE REMAINDER OF PARCELS 1 & 2 NOTE: SEE SHEET 03 FOR THE REMAINDER OF PARCELS 3 & 8 NOTE: SEE SHEET 05 FOR N N 87°10'27" E O.P.R.C.C.T. VOLUME 4791 PAGE 3178 EASEMENT TELEPHONE COMPANY SOUTHWESTERN BELL DISK SE 3-1/4"ALUMINUM HM#E0430176 EXISTING R.O.W.EXISTING R.O.W.E=2,495,168.9556 N=7,147,006.9790 GRID COORDINATEE=2,493,758.0167 N=7,147,019.3117 GRID COORDINATE E=2,493,934.1718 N=7,146,263.8491 GRID COORDINATE E=2,495,089.1925 N=7,146,340.3981 GRID COORDINATEP.R.C.C.T.CABINET C, PAGE 784(60' RIGHT-OF-WAY)(VARIABLE WIDTH RIGHT-OF-WAY) Page 270 Item 13. DENSETREES DENSETREES DENSETREES PBX V V DENSETREES PBX DENSETREES V PBX CONCRETE CONCRETE PBX CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES V V V PBXPBX CONCRETE DENSETREES PBX CONCRETE PBX V DENSETREES V PBX PBX V DENSETREES DENSETREES PBX PBX PBX DENSETREES PBX PBX PBX V V DENSETREES V CONCRETE PBX DENSETREESDENSETREES V PBX PBX V V PBX PBX PBX DENSETREES CONCRETE PBXPBX DENSETREES DENSETREES CONCRETE DENSETREES PBX CONCRETE CONCRETE DENSETREES CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE CONCRETE PBX V DENSETREES V CONCRETE DENSETREES 130+00 125+00 PT 123+41.05 PC 122+74.43 TOWN OF PROSPER COLLIN COUNTY COLLIN COUNTY APPROXIMATE CITY LIMIT LINECITY LIMIT LINEAPPROXIMATEEXTRATERRITORIAL JURISDICTION CITY OF CELINA COLLIN COUNTY CITY OF CELINA COLLIN COUNTY CALLED 3.308 ACRES O.P.R.C.C.T. DOCUMENT NO. 96-0081180 AND WIFE KELLEY J BELVIS DEAN A BELVIS OWNER: P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 2, BLOCK C P.R.C.C.T. CABINET P, PAGE 91 PHASE THREE HIGHLAND MEADOWS LOT 13, BLOCK A P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 14, BLOCK A CALLED 124.655 ACRES O.P.R.C.C.T. DOCUMENT NO. 20130726001053280 MERITAGE HOMES OF TEXAS, LLC OWNER: P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 3, BLOCK C P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 4, BLOCK C P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 5, BLOCK C P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 2, BLOCK A P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 6, BLOCK C P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 7, BLOCK C O.P.R.C.C.T. 20160527000660700 DOCUMENT NO. AND DAVID L FENLEY DONNA FENLEY OWNER: O.P.R.C.C.T. DOCUMENT NO. 20160126000094550 KEVIN FULTON AND EMILEE FULTON OWNER: O.P.R.C.C.T. 20140919001017030 DOCUMENT NO. AND SANDRA K FOLEY JOHN J. FOLEY, III OWNER: P.R.C.C.T. CABINET P, PAGE 91 PHASE THREE HIGHLAND MEADOWS LOT 15, BLOCK A O.P.R.C.C.T. VOLUME 2006, PAGE 480 PRESTON MEADOW PHASE 2 LOT 26, BLOCK A O.P.R.C.C.T. DOCUMENT NO. 20081204001386850 AND WIFE DEBORAH TRZCINSKI MICHAEL TRZCINSKI OWNER: O.P.R.C.C.T. VOLUME 2013, PAGE 561 FRONTIER ESTATES LOT 1, BLOCK A REMAINDER OF O.P.R.C.C.T. 20120904001098070 DOCUMENT NO. MELISSA A. BARRETT OWNER: O.P.R.C.C.T. VOLUME 2006, PAGE 480 PRESTON MEADOW PHASE 2 LOT 2, BLOCK A O.P.R.C.C.T. 20160525000639280 DOCUMENT NO. AND SHELBY MCMURTRE BILLY MCMURTRE OWNER: 8.87 ACRES CALLED O.P.R.C.C.T. 2000-0054434 DOCUMENT NO. MARIA E. MILLEN AND WIFE, MICHAEL R. MILLEN OWNER: CALLED 17.99 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150127000089990 AND WIFE MARIA E. MILLEN MICHAEL R. MILLEN OWNER: O.P.R.C.C.T. VOLUME 2006, PAGE 480 PRESTON MEADOW PHASE 2 LOT 1, BLOCK A CALLED 3.440 ACRES D.R.C.C.T. VOLUME 485, PAGE 147 STATE OF TEXAS CALLED 3.200 ACRES DOCUMENT NO. 96-0009946 MARCEY L METTICA DONALD E METTICA, OWNER: CALLED 2.958 ACRES D.R.C.C.T. VOLUME 484, PAGE 334 STATE OF TEXAS O.P.R.C.C.T. VOLUME 2006, PAGE 480 5' UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2006, PAGE 480 25' BUILDING LINE O.P.R.C.C.T. VOLUME 2006, PAGE 480 & SANITARY SEWER EASEMENT 7.5' DRAINAGE, WATER O.P.R.C.C.T. VOLUME 2006, PAGE 480 100' DRAINAGE EASEMENT O.P.R.C.C.T. VOLUME 2006, PAGE 480 SEWER EASEMENT WATER & SANITARY 40' LANDSCAPE BUFFER, ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY O.P.R.C.C.T. VOLUME 2006, PAGE 480 & SANITARY SEWER EASEMENT 15' DRAINAGE, WATER ABSTRACT NO. 172 SCHOOL LAND SURVEY COLLIN COUNTY O.P.R.C.C.T. VOLUME 2006, PAGE 480 PRESTON MEADOW PHASE 2 LOT 25, BLOCK A O.P.R.C.C.T. VOLUME 2006, PAGE 480 10' UTILITY EASEMENT ABSTRACT NO. 179 ELISHA CHAMBERS SURVEY D.R.C.C.T. VOLUME 484, PAGE 287 STATE OF TEXAS RIGHT-OF-WAY EASEMENT O.P.R.C.C.T. VOLUME 2006, PAGE 480 CITY OF CELINA ROW DEDICATION O.P.R.C.C.T. VOLUME 2006, PAGE 480 CITY OF CELINA ROW DEDICATION O.P.R.C.C.T. VOLUME 2006, PAGE 480 SEWER EASEMENT WATER & SANITARY 40' LANDSCAPE BUFFER, O.P.R.C.C.T. VOLUME 2006, PAGE 480 10' UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2006, PAGE 480 30' BUILDING LINE O.P.R.C.C.T. VOLUME 4029, PAGE 1820 CITY OF PROSPER WATERLINE EASEMENT O.P.R.C.C.T. VOLUME 2006, PAGE 480 & SANITARY SEWER EASEMENT 15' DRAINAGE, WATER O.P.R.C.C.T. VOLUME 4029, PAGE 1813 CITY OF PROSPER WATERLINE EASEMENT P.R.C.C.T. CABINET K, PAGE 885 EASEMENT 15' DRAINAGEP.R.C.C.T. PAGE 885 CABINET K EASEMENT 15' DRAINAGE P.R.C.C.T. CABINET K, PAGE 885 UTILITY EASEMENT 15' DRAINAGE & O.P.R.C.C.T. VOLUME 2006, PAGE 480 & SANITARY SEWER EASEMENT 7.5' DRAINAGE, WATER P.R.C.C.T. CABINET K, PAGE 885 5' UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2006, PAGE 480 30' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 885 35' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 885 10' DRAINAGE EASEMENT P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 1, BLOCK ATWIN LAKES DRIVEHI GHLAND MEADOWS DRI VEP.R.C.C.T. CABINET P, PAGE 91 42' DRAINAGE EASEMENT P.R.C.C.T. CABINET K, PAGE 885 30' DRAINAGE EASEMENT P.R.C.C.T. CABINET K, PAGE 885 5' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 885 35' BUILDING LINE O.P.R.C.C.T. 20160908001198970 DOCUMENT NO. AND COURTNEY FERRARI ANTHONY LOUIS FERRARI OWNER: P.R.C.C.T. CABINET K, PAGE 885 30' DRAINAGE EASEMENT P.R.C.C.T. CABINET K, PAGE 885 15' DRAINAGE EASEMENT P.R.C.C.T. CABINET K, PAGE 885 30' DRAINAGE EASEMENT HIGHLAND MEADOWS COURT P.R.C.C.T. CABINET P, PAGE 91 20' DRAINAGE EASEMENT P.R.C.C.T. CABINET P, PAGE 91 UTILITY EASEMENT 30' LANDSCAPE & FM 1461 228.63' N 86°25'08" E N 89°18'29" E 3,878.30' P.R.C.C.T. CABINET K, PAGE 885 HIGHLAND MEADOWS LOT 1, BLOCK C N 87°24'16" E N 89°18'47" E N 89°18'29" E 3,878.69' 229.01' N 85°25'16" E L16205.79' 461.77' L8 23.22' 590.29' 203.76' 1,629.16' S 89°29'40" W 0.54'BEARS FOUND 1/2"IRON ROD CALLED 2.642 ACRES D.R.C.C.T. VOLUME 484, PAGE 305 STATE OF TEXAS 276.24' 197.04' L17 L18 L19L20 N 89°18'47" E 346.27'N 89°18'47" E 244.33'S 00°03'16" W 185.11'175.11'S 00°14'34" W 0.49'BEARS FOUND 1/2" IRON ROD L21 L22L23L24 N 89°18'47" E 437.93' 750.89' "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD IRON ROD (CM) FOUND 1/2"N 00°39'13" W 189.32'L25 L26 L27 L28 L29 L30 TOWN OF PROSPER N 89°18'47" E 618.18' P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 12, BLOCK A 29.03'L3115.56' 24.46'C1C2C3N 89°16'22" E 346.98'C4N 89°16'22" E 343.87' IRON ROD (CM) FOUND 5/8" IRON ROD (CM) FOUND 5/8" S 21°19'05" W 0.47' IRON ROD BEARS FOUND 1/2" 10.04' 458.78' O.P.R.C.C.T. VOLUME 2006, PAGE 480 PRESTON MEADOW PHASE 2 LOT 3, BLOCK A S 00°00'47" E 150.97'IRON ROD (CM) FOUND 1/2" "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD L34N 04°35'37" E 0.82'BEARS WITH CAP STAMPED "CBG" FOUND 1/2"IRON ROD N 16°23'38" E 0.71'BEARS WITH CAP (ILLEGIBLE) FOUND 5/8"IRON ROD STAMPED "DAA" ROD WITH CAP FOUND 5/8"IRON 96.79'N 00°39'35" WL35L36L37L38L39N 89°18'47" E 751.72' NEW R.O.W. LINE 3 7 8 9 10 12 11 16 13 14 15 17 18 & PARCEL 10 PARCEL 9 P.O.C. IRON ROD (CM) FOUND 1/2" & PARCEL 10 PARCEL 9 P.O.B. 75.00' RT STATION 128+14.31 E=2,496,094.91 N=7,147,620.31 & PARCEL 14 PARCEL 13 P.O.C. IRON ROD (CM) FOUND 1/2" & PARCEL 14 PARCEL 13 P.O.B. 75.00' RT STATION 132+35.18 E=2,496,515.74 N=7,147,625.36 & PARCEL 12 PARCEL 11 P.O.C. IN CONCRETE (CM) FOUND "X" CUT PARCEL 8 P.O.B. 90.00' LT STATION 129+08.85 E=2,496,187.45 N=7,147,786.43 & PARCEL 12 PARCEL 11 P.O.B. 80.00' LT STATION 132+54.99 E=2,496,533.69 N=7,147,780.58 & PARCEL 17 PARCEL 15 P.O.C. WITH CAP (ILLEGIBLE) (CM) FOUND 1/2"IRON ROD PARCEL 8 P.O.C. "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 80.00' LT STA 123+41.05 69.00' RT STA 123+41.05 69.00' RT STA 125+38.09 80.00' LT STA 126+93.91 104.00' LT STA 127+59.85 104.00' LT STA 127+95.85 90.00' LT STA 128+34.32 75.00' LT STA 133+15.22 75.00' LT STA 135+59.55 104.26' LT STA 135+88.81 104.26' LT STA 136+30.30 69.00' RT STA 127+41.85 85.00' RT STA 127+57.85 85.00' RT STA 128+04.34 & PARCEL 17 PARCEL 15 P.O.B. 98.00' RT STATION 136+18.07 E=2,496,898.87 N=7,147,606.95 75.00' RT STA 130+32.11 75.00' RT STA 133+15.18 75.00' RT STA 135+66.04 98.00' RT STA 135+89.04 75.00' RT STA 136+42.04 98.00' RT STA 136+19.04 80.00' LT STA 129+08.72 & PARCEL 18 PARCEL 16 P.O.B. 75.00' LT STATION 136+59.50 E=2,496,938.23 N=7,147,780.43 ** **** ****** **** ** ** **** ** ** ** ** **** **** ** ** L12 78.55' LT STA 123+18.76 & PARCEL 18 PARCEL 16 P.O.C. "SPIARS ENG" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD O.P.R.C.C.T. 20160128000100130 DOCUMENT NO. CITY OF CELINA PIPELINE EASEMENT WASTEWATER TRANSMISSION PARCEL 3 IS LOCATED ON SHEET 04 NOTE: P.O.C. AND P.O.B. FOR PARCEL 7 IS LOCATED ON SHEET 04 NOTE: P.O.C. AND P.O.B. FOR STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 05COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50'PL PLPL PL PLPL PLPL R.O.W. LINE NEW P.O.C. PARENT TRACT INSERT (NOT TO SCALE) 3 EXISTING R.O.W. P.O.B. PLPL PL PLPLPLPL PL PLPLPL LINE R.O.W. NEW PARENT TRACT INSERT (NOT TO SCALE) LINE R.O.W. NEWP.O.C. 7 PARENT TRACT INSERT (NOT TO SCALE) P.O.C. P.O.B. 8 EXISTING R.O.W. P.O.B. EXISTING R.O.W.EXISTING R.O.W.PLPL PLLINE R.O.W. NEW P.O.B. 17 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. R.O.W.EXISTINGLINE R.O.W. NEW P.O.B. 18 EXISTING R.O.W.PLPL PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. PL PLPLPL PL PL PL P LPL PL PL PL PL P LPLPLPLPLPLPL PLPLPLPLPLPLPLPLPLPLLS LSLS = 66.62'CHORD DISTANCE = N 88°21'31" ECHORD BEARING = 2,000.00'RADIUS = 66.62'LENGTH = 33.31'TANGENT = 02°51'53"DEGREE OF CURVE = 01°54'31"DELTA = 2,495,587.47PI EASTING = 7,147,689.23PI NORTHING = 123+07.75PI STATION CENTERLINE CURVE DATA LINE TABLE L8 N 89°18'47" E 352.86' N 89°18'47" E 400.80'L12 S 00°42'54" E 38.50'L16 L17 N 69°18'47" E 70.17' L18 N 89°18'47" E 36.00' L19 S 70°41'13" E 40.93' L20 N 89°18'47" E 74.53' L21 S 85°56'29" E 60.44' L22 N 44°18'47" E 41.37' L23 N 89°18'18" E 41.49' L24 S 45°37'34" E 41.34' L25 S 45°41'13" E 22.63' L26 N 89°18'47" E 46.49' C1 2,530.38'03°33'59" (LT)S 02°39'43" E 157.48'157.51' C2 970.00'01°24'33" (RT)S 03°44'28" E 23.86'23.86' C3 970.00'00°54'19" (RT)S 02°35'02" E 15.33'15.33' C4 1,030.00'00°34'19" (RT)S 02°20'07" E 10.28'10.28' ARC LENGTH CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH LINE TABLE L27 N 44°14'17" E 14.12' L28 S 45°41'13" E 32.53' L29 N 89°18'47" E 30.00' L30 N 44°18'47" E 32.53' L31 S 00°03'16" W 50.03' L32 S 00°00'47" E 34.96' L33 N 00°41'23" W 18.95' L34 N 00°39'13" W 24.97' L35 S 00°39'13" E 24.99' L36 N 00°39'13" W 25.96' L37 N 00°39'13" W 25.00' L38 N 00°39'13" W 25.01' L39 N 00°39'35" W 48.04' EXISTING R.O.W. EXISTING R.O.W.EXI STI NG R.O.W.EXI STI NG R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. NEW R.O.W. LINE 302.89'414.31'PLL33 O.P.R.C.C.T. 20160406000406990 DOCUMENT NO. CITY OF CELINA PIPELINE EASEMENT WASTEWATER TRANSMISSION 24.92'L32THE REMAINDER OF PARCELS 3 & 7 NOTE: SEE SHEET 04 FOR THE REMAINDER OF PARCELS 17 & 18 NOTE: SEE SHEET 06 FOR P.R.C.C.T. PAGE 885 CABINET K, HIGHLAND MEADOWS LOT 3, BLOCK A P.R.C.C.T. CABINET K, PAGE 885 7.5' UTILITY EASEMENT 217.80'203.07' 203.07' 250.85'390.35' 80.00' 80.00' 217.80'PLP.R.C.C.T.CABI NET K, PAGE 885(VARI ABLE WI DTH RI GHT-OF-WAY) P.R.C.C.T. CABINET K, PAGE 885 (50' RIGHT-OF-WAY) (VARIABLE WIDTH RIGHT-OF-WAY)O.P.R.C.C.T.VOLUME 2006, PAGE 480(60' RIGHT-OF-WAY)E=2,495,416.3511 N=7,146,887.5048 GRID COORDINATE E=2,495,356.5703 N=7,146,256.4660 GRID COORDINATE E=2,496,410.6921 N=7,146,329.2384 GRID COORDINATE E=2,496,483.8581 N=7,146,999.4452 GRID COORDINATE Page 271 Item 13. PBX V PBX ONLYDENSETREES DENSETREES PBX DENSETREES DENSETREES CONCRETE ONLYCONCRETE DENSETREES DENSETREES CONCRETE DENSETREES PARKING AREA DENSETREES DENSETREES ONLYPBX CONCRETE PBX PBXPBX V PBX PBX PBX V PBX CONCRETE P B X DENSETREES PBX P B X P B XPBX PBX VV V PBX CONCRETE VV V V PBX DENSETREES PBX CONCRETE DENSETREES DENSETREES V V PBX PBX PBX PBX DENSETREES PBX V CONCRETE V CONCRETE V V DENSETREES PBX CONCRETE PBX DENSETREES PBX PBX V DENSETREES DENSETREES CONCRETE DENSETREES DENSETREES CONCRETE V 150+00145+00142+60.22140+00 COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY CALLED 3.308 ACRES O.P.R.C.C.T. DOCUMENT NO. 96-0081180 AND WIFE KELLEY J BELVIS DEAN A BELVIS OWNER: OWNER: MICKAEL A. MOORE AND SHARON P. MOORE DOCUMENT NO. 20140811000851520 O.P.R.C.C.T CALLED 3.222 ACRES CALLED 10.00 ACRES O.P.R.C.C.T. 20150706000823550 DOCUMENT NO. R.L. WHITE LIVING TRUST OWNER: P.R.C.C.T. CABINET P, PAGE 91 PHASE THREE HIGHLAND MEADOWS LOT 13, BLOCK A P.R.C.C.T. CABINET P, PAGE 91 PHASE THREE HIGHLAND MEADOWS LOT 14, BLOCK A O.P.R.C.C.T. VOLUME 4549, PAGE 420 THE COUNTY OF COLLIN EASEMENT TO O.P.R.C.C.T. DOCUMENT NO. 20140610000583930 FARAZ PAUL AND SARAH PAUL OWNER: P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 17, BLOCK A P.R.C.C.T. CABINET P, PAGE 91 PHASE THREE HIGHLAND MEADOWS LOT 15, BLOCK A O.P.R.C.C.T. 20081204001386850 DOCUMENT NO. DEBORAH TRZCINSKI AND WIFE MICHAEL TRZCINSKI OWNER:P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 16, BLOCK A P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 18, BLOCK A CALLED 2.00 ACRES O.P.R.C.C.T. VOLUME 5937, PAGE 3136 ASSEMBLY OF GOD CHURCH CHRISTIAN CHAPEL CALLED 2.549 ACRES O.P.R.C.C.T. VOLUME 5937, PAGE 3136 ASSEMBLY OF GOD CHURCH CHRISTIAN CHAPEL O.P.R.C.C.T. PAGE 4008 VOLUME 4569, THE COUNTY OF COLLIN EASEMENT TO CALLED 12.853 ACRES O.P.R.C.C.T. DOCUMENT NO. 20160129000111830 BRAZOS ELECTRIC POWER COOPERATIVE, INC. OWNER. CALLED 10.372 ACRES O.P.R.C.C.T. 20161221001731270 DOCUMENT NO. PARTNERS, LP FRONTIER RETAIL OWNER: NO. 258 ABSTRACT SURVEY ABIAH DYER ABSTRACT NO. 179 ELISHA CHAMBERS SURVEY CALLED 3.200 ACRES DOCUMENT NO. 96-0009946 DONALD E METTICA, MARCEY L METTICA OWNER: CALLED 2.9971 ACRES O.P.R.C.C.T DOCUMENT NO. 20060406000449980 TRACT 1 AND WIFE, DIANE H. STEPHENS SANDY H. STEPHENS OWNER: CALLED 2.958 ACRES D.R.C.C.T. VOLUME 484, PAGE 334 STATE OF TEXAS ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY O.P.R.C.C.T. 20160406000407010 DOCUMENT NO. CITY OF CELINA PIPELINE EASEMENT WASTEWATER TRANSMISSION O.P.R.C.C.T. 20160128000100130 DOCUMENT NO. CITY OF CELINA PIPELINE EASEMENT WASTEWATER TRANSMISSION O.P.R.C.C.T. 20151204001521140 DOCUMENT NO. CITY OF CELINA PIPELINE EASEMENT WASTEWATER TRANSMISSIONFALCON ROADCOUNTY ROAD 83BLUE FOREST DRIVEP.R.C.C.T. CABINET P, PAGE 91 35' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 91 35' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 91 15' DRAINAGE EASEMENT P.R.C.C.T. CABINET P, PAGE 91 5' UTILITY EASEMENT P.R.C.C.T. CABINET P, PAGE 91 15' DRAINAGE EASEMENT P.R.C.C.T. CABINET P, PAGE 91 & DRAINAGE EASEMENT 41' ACCESS, UTILITY P.R.C.C.T. CABINET P, PAGE 91 & DRAINAGE EASEMENT 9' ACCESS, UTILITY D.R.C.C.T.VOLUME 489, PAGE 43LIGHT COMPANY EASEMENTTEXAS POWER &O.P.R.C.C.T. VOLUME 4029, PAGE 1813 CITY OF PROSPER WATERLINE EASEMENT P.R.C.C.T. CABINET P, PAGE 91 30' DRAINAGE EASEMENT P.R.C.C.T. CABINET P, PAGE 91 5' UTILITY EASEMENT P.R.C.C.T. CABINET P, PAGE 91 20' DRAINAGE EASEMENT P.R.C.C.T. CABINET P, PAGE 91 UTILITY EASEMENT 30' LANDSCAPE &D.R.C.C.T.VOLUME 489, PAGE 43LIGHT COMPANY EASEMENTTEXAS POWER &D.R.C.C.T.VOLUME 489, PAGE 43LIGHT COMPANY EASEMENTTEXAS POWER &O.P.R.C.C.T. VOLUME 5334, PAGE 3792 TOWN OF PROSPER DRAINAGE EASEMENT COUNTY ROAD 83 (COIT ROAD)FM 1461 N 89°46'01" E "DAA" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD N 89°18'29" E 3,878.69' N 89°46'01" E 765.44'N 89°18'47" E 437.93' TOWN OF PROSPER P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 12, BLOCK A 458.78' L40L41L42 L43 L44 451.58'313.86' IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" 50.12'136.34'407.37'331.74' N 89°48'59" E 739.11' N 44°21'26" E 140.38'89.86' N 89°43'48" E 74.94' N 89°18'47" E "DAA" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD "DAA" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD N 89°18'29" E 3,878.30' "DAA" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD N 89°18'47" E 618.18' IN CONCRETE (CM) FOUND "X"CUT IRON ROD (CM) FOUND 1/2" "ROOME" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD N 89°46'02" E 775.76'118.30'S 45°35'42" E N 19°31'03" E 125.85'L47227.83'265.33' N 89°48'59" E 740.06'S 45°30'50" E 135.37'99.82'S 01°01'26" ES 01°01'26" EIRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" WITH CAP (ILLEGIBLE) (CM) FOUND 1/2" IRON ROD (BENT) (CM) FOUND 5/8" IRON ROD L48IRON ROD (CM) FOUND 1/2" 60.43' 101.82'N 45°17'38" E N 00°33'24" W 927.03'L46 L49L50L52L45 L56L57 "HUITT-ZOLLARS (CM) WITH CAP STAMPED FOUND 5/8" IRONROD L55 87.82'17 18 20 19 21 22 24 23 25 26 PART 1 & PARCEL 22 PARCEL 19 P.O.C. "DAA" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD & PARCEL 22 PARCEL 19 P.O.B. 75.00' RT STATION 145+26.14 E=2,497,806.03 N=7,147,638.72 75.00' RT STA 140+32.39 75.00' RT STA 142+60.81 75.00' RT STA 150+36.57 245.25' RT STA 151+41.97 75.00' RT STA 147+26.98 & PARCEL 25 PARCEL 24 P.O.B. 158.12' RT STATION 151+20.75 E=2,498,400.98 N=7,147,558.02 PART 1 PARCEL 26 P.O.B. 245.35' RT STATION 152+13.20 E=2,498,493.77 N=7,147,471.17 & PARCEL 21 PARCEL 20 P.O.C. IRON ROD (CM) FOUND 1/2" & PARCEL 21 PARCEL 20 P.O.B. 94.09' LT STATION 141+68.58 E=2,497,447.05 N=7,147,805.62 PARCEL 23 P.O.C. IRON ROD (CM) FOUND 1/2" PARCEL 23 P.O.B. 70.00' LT STATION 147+11.52 E=2,497,990.82 N=7,147,784.48 75.00' LT STA 140+97.43 95.83' LT STA 141+18.52 70.00' LT STA 141+92.36 70.00' LT STA 142+60.22 70.00' LT STA 150+25.39 139.81' LT STA 150+94.42 S 28°06'18" W 0.63'BEARS TYPE I MONUMENT FOUND TXDOT 139.78' LT STA 151+41.67 90.00' LT STA 152+87.49 27 ** **** ****** ** ** ** ** ** **** ** ** P.R.C.C.T. CABINET P, PAGE 91 HIGHLAND MEADOWS PHASE THREE LOT 19, BLOCK A CALLED 3.440 ACRES D.R.C.C.T. VOLUME 485, PAGE 147 STATE OF TEXAS CALLED 3.885 ACRES D.R.C.C.T. VOLUME 484, PAGE 275 STATE OF TEXAS CALLED 3.558 ACRES D.R.C.C.T. VOLUME 484, PAGE 285 STATE OF TEXAS 85.00' RT STA 153+20.57 & PARCEL 25 PARCEL 24 P.O.C. IRON ROD (CM) FOUND 1/2" STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 06COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' 17 & 18 IS LOCATED ON SHEET 05 NOTE: P.O.C. AND P.O.B. FOR PARCEL PARCEL 27 IS LOCATED ON SHEET 07 NOTE: P.O.C. AND P.O.B. FOR PLPL PLLINE R.O.W. NEW P.O.B. 17 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. R.O.W.EXISTINGLINE R.O.W. NEW P.O.B. 18 EXISTING R.O.W.PLPL PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. PL PLPLPL PLPL LINE R.O.W. NEW P.O.B. 27 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. LOCATED ON SHEET 07 NOTE: P.O.C. FOR PARCEL 26 IS PLPL P.O.C. 26 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) R.O.W. EXISTING P.O.B. P.O.B. P.O.C. PART 1 26 PART 2 LINE R.O.W. NEW PL PLPLPL LINE TABLE L40 N 44°40'43" E 29.64' L41 S 88°41'49" E 50.09' L42 S 45°19'17" E 33.85' L43 N 89°18'47" E 68.13' L44 N 44°26'49" E 98.18' L45 N 89°48'43" E 47.24' L47 S 13°54'56" E 89.67' L48 N 24°06'27" E 108.46' L46 N 89°46'01" E 206.93' LINE TABLE L49 S 00°00'46" E 55.75' L50 S 00°03'24" E 54.00' L51 S 00°02'26" W 29.91' L52 N 00°39'35" W 25.07' L53 N 19°31'03" E L54 N 00°12'14" W 25.08' L55 N 57°10'37" E 23.54' L56 N 00°33'24" W 99.24' L57 S 89°42'22" E 45.27' 26.82' PL PL PL PL PL PL25 PARENT TRACT INSERT (NOT TO SCALE) P.O.B. P.O.C. LINE R.O.W. NEW LSLS PL PL PL PL PL PL P L P L PL PL PL PLPLPLPL PLEXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. 146.52' RT STA 152+57.90 NEW R.O.W. LINE NEW R.O.W. LINE EXISTING R.O.W.EXISTING R.O.W.390.35' 414.31'271.54'230.87'PLPLEXISTING R.O.W.EXISTING R.O.W.S 00°03'24" E 201.71'THE REMAINDER OF PARCELS 17 & 18 NOTE: SEE SHEET 05 FOR THE REMAINDER OF PARCELS 27 NOTE: SEE SHEET 07 FOR CALLED 9.624 ACRES O.P.R.C.C.T. 20100426000402810 DOCUMENT NO. VI RAAMA, LLC, OWNER:PLLINE NEW R.O.W. N 57°10'37" E 282.71' 309.60' 317.41'L54200.83' 191.78'L53L51S 00°02'26" W 203.34'PLPL PLLINE R.O.W. NEW PARENT TRACT INSERT (NOT TO SCALE) 23 EXISTING R.O.W.EXISTING R.O.W.P.O.B. P.O.C. (NO DEED OF RECORD FOUND)(VARIABLE WIDTH RIGHT-OF-WAY)(VARIABLE WIDTH RIGHT-OF-WAY)P.R.C.C.T.CABINET P, PAGE 91(50 RIGHT-OF-WAY)P.R.C.C.T.CABINET I, PAGE 344(50' RIGHT-OF-WAY)E=2,497,861.1137 N=7,146,276.5949 GRID COORDINATE E=2,496,770.7409 N=7,146,180.8046 GRID COORDINATE E=2,496,692.3227 N=7,146,919.6686 GRID COORDINATE E=2,497,996.6974 N=7,146,962.9654 GRID COORDINATE S 48°33'00" E 135.37' Page 272 Item 13. DENSETREES CONCRETE CONCRETE DENSETREES V V V V V PBX PBX CONCRETE PBX PBX PBX PBX V CONCRETE PBX CONCRETE DENSETREES DENSETREES PBX PBX PBX PBX DENSETREES PBX DENSETREES PBX DENSETREES ONLYONLYPBX PBX PBX PBX PBX PBX PBX PBX V V ONLYCONCRETE PBX PBX PBX PBXPBXPBX V V PBX PBX PBX PBX PBX PBX PBX PBX PBX PBX PBX PBX PBX PBX ONLY165+00160+00PT 158+24.62PC 156+68.97PT 155+68.97155+00 PC 154+12.75TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY CALLED 20.00 ACRES O.P.C.C.R.T. DOCUMENT NO. 20090421000463380 JIANMING HE AND CYNTHIA ZHENG OWNER: CALLED 10.00 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150706000823550 R.L. WHITE LIVING TRUST OWNER: CALLED 18.00 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150706000823560 R.L. WHITE LIVING TRUST OWNER: O.P.R.C.C.T. VOLUME 2017, PAGE 199 20' WATER EASEMENT CALLED 10.013 ACRES O.P.R.C.C.T. DOCUMENT NO. 20190109000026970 FRONTIER RETAIL PARTNERS, LP OWNER: O.P.R.C.C.T. VOLUME 2017, PAGE 199 CITY OF CELINA FRONTIER PARKWAY / F.M. 1461 WIDENING 15' RESERVATION FOR FUTURE O.P.R.C.C.T. VOLUME 4569, PAGE 4008 THE COUNTY OF COLLIN EASEMENT TO CALLED 10.372 ACRES O.P.R.C.C.T. DOCUMENT NO. 20161221001731270 FRONTIER RETAIL PARTNERS, LP OWNER: O.P.R.C.C.T. 20161221001731300 DOCUMENT NO. 20' DRAINAGE EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 199 LILYANA PHASE I LOT 2X, BLOCK P O.P.R.C.C.T. VOLUME 2017, PAGE 199 LILYANA PHASE I DRAINAGE & DETENTION EASEMENT LOT 1X, BLOCK L D.R.C.C.T. VOLUME 487, PAGE 352 STATE OF TEXAS RIGHT-OF-WAY EASEMENT O.P.R.C.C.T. DOCUMENT NO. 20151211001549870 CITY OF CELINA PIPELINE EASEMENT 20' WASTEWATER TRANSMISSION O.P.R.C.C.T. VOLUME 2017, PAGE 199 7.5 UTILITY EASEMENT P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK R LOT 3X O.P.R.C.C.T.VOLUME 2017, PAGE 199(A VARIABLE WIDTH RIGHT-OF-WAY)LI LYANA LANEO.P.R.C.C.T. DOCUMENT NO. 20151211001549870 CITY OF CELINA PIPELINE EASEMENT 20' WASTEWATER TRANSMISSION ABSTRACT NO. 258 ABIAH DYER SURVEY CALLED 3.558 ACRES D.R.C.C.T. VOLUME 484, PAGE 285 STATE OF TEXAS CALLED 3.885 ACRES D.R.C.C.T. VOLUME 484, PAGE 275 STATE OF TEXAS ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY COUNTY ROAD 83(COIT ROAD)COUNTY ROAD 83(NO DEED OF RECORD FOUND)(A VARIABLE WIDTH RIGHT-OF-WAY)FM 1461 S 85°45'27" E N 89°47'01" E 89.86' N 89°43'48" E S 48°33'00" E 135.37' N 89°45'56" E 868.94' 74.94'L48N 00°10'38" E 1,076.20'IRON ROD (CM) FOUND 1/2"101.82'N 45°17'38" E N 00°33'24" W 927.03'L56L57 "HUITT-ZOLLARS (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD S 89°47'25" W 496.39' IRON ROD (CM) FOUND 5/8"S 00°12'35" E 274.75'S 85°45'27" E 320.34' N 89°47'01" E 200.43' 99.35' S 84°31'57" E N 89°46'31" E 510.27' SEE DETAIL "A" 38.39' S 87°26'58" E 411.81' N 89°47'01" E 512.45'N 85°11'28" E 187.34'N 89°47'01" E 1,004.76'L59 209.49' 202.32' 592.17' 780.44' L63 MAG NAIL (CM) FOUND 471.87'125.00' 868.94' 510.27'L58 50.11'L62868.94' 99.35'L58 29 L61P.O.B. 274.75'780.84' NOT TO SCALE DETAIL "A" L58 38.39' 29 NOT TO SCALE DETAIL "B" 50.11' SEE DETAIL "B" L64 L65 N 89°45'56" E 871.00' N 89°45'56" E 1,802.77' L68 L69L7087.82'291.47'579.53' 134.84'778.92' IRON ROD (CM) FOUND 5/8" 50.11' 26 PART 1 PARCEL 26 P.O.B. 245.35' RT STATION 152+13.20 E=2,498,493.77 N=7,147,471.17 & PARCEL 28 PARCEL 26 PART 2 P.O.B. 84.66' RT STATION 156+28.84 E=2,498,901.85 N=7,147,623.01 85.00' RT STA 153+20.57 90.00' LT STA 152+87.49 & PARCEL 29 PARCEL 27 P.O.C. "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD 27 28 30 31 26PART 2 29 PART 1 75.24' LT STATION 166+74.04 E=2,499,952.78 N=7,147,777.45 "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD PARCEL 30 PART 1 P.O.B. PARCEL 30 PART 1 P.O.C. "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD 75.16' LT STATION 161+13.67 E=2,499,392.41 N=7,147,775.25 & PARCEL 29 PARCEL 27 P.O.B. 91.60' LT STA 154+90.86 84.97' LT STA 158+13.92 85.00' LT STA 160+14.81 75.17' LT STA 161+63.77 85.00' RT STA 154+12.64 85.00' RT STA 158+24.62 85.00' RT STA 163+37.07 70.00' RT STA 165+23.81 **** ** ** ** **** **** ** ** ** O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 34 O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 37 O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 35 O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 36 IRON ROD (CM) FOUND 5/8" 146.88' S 89°37'10" W 110.00' & PARCEL 28 PARCEL 26 PART 2 P.O.C. (ILLEGIBLE) (CM) WITH CAP FOUND 1/2"IRON ROD PARCEL 26 PART 1 P.O.C. "SPARR SURVEYING" (CM) WITH CAP STAMPED FOUND 1/2"IRON ROD N 89°46'01" E PLPL PLPL LINE R.O.W. NEW P.O.B. 27 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. PLPL P.O.C. 26 EXISTING R.O.W.R.O.W. EXISTING P.O.B. P.O.B. P.O.C. PART 1 26 PART 2 LINE R.O.W. NEW PL PLPLPL STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 07COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' 31 IS LOCATED ON SHEET 08 NOTE: P.O.C. AND P.O.B. FOR PARCELPLPL PL P LPL PL PLLINE R.O.W. NEW P.O.C. 30 PARENT TRACT INSERT (NOT TO SCALE) P.O.B. PART 1 LINE R.O.W. NEW P.O.B. 29 PARENT TRACT INSERT (NOT TO SCALE)PLPLPLPLPL PL P.O.C. R.O.W. LINE NEW P.O.C. 28 PARENT TRACT INSERT (NOT TO SCALE)PLPLPL P.O.B. LINE R.O.W. NEW P.O.B. 31 PLPL PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPARENT TRACT INSERT (NOT TO SCALE) IRON ROD (CM) FOUND 5/8" PLPL PLPLPLPLPLPL PL LS LINE TABLE L48 N 24°06'27" E 108.46' L56 N 00°33'24" W 99.24' L57 S 89°42'22" E 45.27' L58 N 89°46'31" E 50.10' L59 N 89°46'01" E 92.08' L61 S 00°12'35" E 5.24' L62 S 00°13'29" E 5.24' L63 N 00°14'04" W 10.00' L64 S 00°13'29" E 15.15' L65 S 44°46'30" W 28.28' L68 N 00°10'38" E 19.99' L69 N 00°14'04" W 25.00' L70 N 00°15'07" W 54.99' = 156.18'CHORD DISTANCE = S 87°59'43" ECHORD BEARING = 2,000.00'RADIUS = 156.22'LENGTH = 78.15'TANGENT = 02°51'53"DEGREE OF CURVE = 04°28'32"DELTA = 2,498,770.48PI EASTING = 7,147,717.65PI NORTHING = 154+90.90PI STATION CENTERLINE CURVE DATA = 155.61'CHORD DISTANCE = S 87°59'13" ECHORD BEARING = 2,000.00'RADIUS = 155.65'LENGTH = 77.86'TANGENT = 02°51'53"DEGREE OF CURVE = 04°27'32"DELTA = 2,499,025.79PI EASTING = 7,147,698.71PI NORTHING = 157+46.84PI STATION CENTERLINE CURVE DATA NEW R.O.W. LINE NEW R.O.W. LINE 60.43'L46 PART 1 146.52' RT STA 152+57.90 PLPLPLPL PLPLPLPL PLN 89°45'56" E 2,339.07' EXISTING R.O.W. 27 30 1 PART REMAINDER OF PARCELS 31 NOTE: SEE SHEET 08 FOR THE L46 N 89°46'01" E 206.93'EXISTING R.O.W.EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXI STI NG R.O.W.EXISTING R.O.W.NEW R.O.W. LINE R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXI S TI NGR.O.W.EXI STI NGR.O.W. EXISTING E=2,499,417.8046 N=7,146,204.9121 GRID COORDINATE E=2,498,206.6997 N=7,146,210.1536 GRID COORDINATE E=2,498,175.9668 N=7,146,940.1483 GRID COORDINATE E=2,499,471.4563 N=7,146,930.4541 GRID COORDINATE (VARIABLE WIDTH RIGHT-OF-WAY) 20,252 sf 2,448 sf 47,965 sf 7,197 sf 1,717 sf Page 273 Item 13. DENSETREES DENSETREES DENSETREES DENSETREES V V PBX V DENSETREES DENSETREES CONCRETE DENSETREES PBX PBXDENSETREES CONCRETE DENSETREES CONCRETE DENSETREES DENSETREES V V DENSETREES CONCRETE PBX PBX DENSETREES PBX PBXONLYONLYE PBX V E PBX E CONCRETE V V PBX PBX PBX PBX E PBX V V V E PBX PBX V EV PARKING AREA V PBX PBX V V PBX V E PBX V PBX PBX PBX V DENSETREES V PBXV V PBX PBX PBX V DENSETREES E PBX PBX E V V PBX CONCRETE V PBX PBX E V PBX V PBX PBX V V PBX E E PBX V PBX V PBX V DENSETREES DENSETREES DENSETREES DENSETREES 175+00170+00 TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY CALLED 20.00 ACRES O.P.C.C.R.T. DOCUMENT NO. 20090421000463380 JIANMING HE AND CYNTHIA ZHENG OWNER: CALLED 20.831 ACRES O.P.R.C.C.T. DOCUMENT NO. 20060512000645050 DA' HOOD TRUST OWNER: O.P.R.C.C.T. DOCUMENT NO. 20160706000857580 MICHAEL D. ROGERS AND KRISTA M. ROGERS OWNER: P.R.C.C.T. CABINET K, PAGE 476 GENTLE CREEK ESTATES, PHASE TWO LOT 3, BLOCK C P.R.C.C.T. CABINET K, PAGE 476 GENTLE CREEK ESTATES, PHASE TWO LOT 2, BLOCK C P.R.C.C.T. CABINET K, PAGE 476 PHASE TWO GENTLE CREEK ESTATES, LOT 4, BLOCK C O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 3, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 9, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 6, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 10, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 12, BLOCK A LOT 6X O.P.R.C.C.T. VOLUME 2017, PAGE 199 25' BUILDING LINE O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 29 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 26 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 24 O.P.R.C.C.T. PAGE 199 VOLUME 2017 PHASE I LILYANA BLOCK C LOT 19 LOT 1 LOT 2 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 4, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 5, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 7, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 8, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 11, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 13, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 14, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 15, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 16, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 17, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 18, BLOCK A P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 19, BLOCK A O.P.R.C.C.T. VOLUME 2017, PAGE 199 15' DRAINAGE EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 199 DRAINAGE EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 199 7.5 UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 199 LILYANA PHASE I LOT 2X, BLOCK P P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK R LOT 4X O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 32 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 31 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 30 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 28 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 27 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 25 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 23 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 22 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 21 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 20 O.P.R.C.C.T. VOLUME 2017, PAGE 199 7.5 UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 199 25' BUILDING LINE O.P.R.C.C.T. VOLUME 2017, PAGE 199 15' BUILDING LINE P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK R LOT 3X P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 21, BLOCK B P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 20, BLOCK B P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 19, BLOCK B P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 22, BLOCK B O.P.R.C.C.T. VOLUME 2017, PAGE 199 (A 50' RIGHT-OF-WAY) SNAPDRAGON COURTGINGER ROADSUNFLOWER LANEO.P.R.C.C.T.VOLUME 2017, PAGE 199(A VARIABLE WIDTH RIGHT-OF-WAY)LANELILYANACALLED 3.885 ACRES D.R.C.C.T. VOLUME 484, PAGE 275 STATE OF TEXAS ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY ABSTRACT NO. 258 ABIAH DYER SURVEY P.R.C.C.T. CABINET K, PAGE 476 15' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 476 10' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 476 40' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 476 LANDSCAPE EASEMENT P.R.C.C.T. CABINET K, PAGE 476 15' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 476 50' BUILDING LINE FM 1461 N 89°47'01" E N 89°45'56" E 2,339.07'N 00°14'47" W 1,077.11'33 N 89°47'01" E 1,004.76'S 79 °54 '43 " E 139 .76 ' N 89°47'01" E 162.90' N 89°47'01" E 562.89'L60 296.63'S 89°51'30" E 486.96' N 89°45'56" E 536.68' 592.17'412.59' 113.63' 70.88' 49.27'S 00°15'25" E 140.00'N 00°15'25" W 293.92'MAG NAIL (CM) FOUND 125.00'1,711.61' N 89°46'31" E 1,691.64'L66 L67 N 89°45'56" E 1,802.77'L71L72778.92' 812.79'76.22' "J.E. SMITH" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD WITH CAP STAMPED "PLS INC" FOUND 1/2" IRON ROD 372.51'L73L74 L75L76 "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD & PARCEL 32 PARCEL 31 P.O.B. 70.00' RT STATION 171+15.98 E=2,500,395.27 N=7,147,633.88 PARCEL 32E P.O.B. 95.00' RT STATION 177+15.34 E=2,500,994.72 N=7,147,611.15 31 30 32 32E PART 2 PARCEL 30 PART 2 P.O.C. "HUITT-ZOLLARS" (CM) WITH CAP STAMPED FOUND 5/8"IRON ROD 75.26' LT STATION 167+99.04 E=2,500,077.78 N=7,147,777.94 PARCEL 30 PART 2 P.O.B. 70.00' RT STA 175+28.57 95.00' RT STA 176+66.07 75.00' RT STA 179+28.80 95.00' RT STA 178+28.97 81.08' RT STA 178+98.47 O.P.R.C.C.T. VOLUME 2017, PAGE 199 CITY OF CELINA FRONTIER PARKWAY / F.M. 1461 WIDENING 15' RESERVATION FOR FUTURE ** ** ** ** ** NEW R.O.W. LINE NEW R.O.W. LINE CALLED 3.558 ACRES D.R.C.C.T. VOLUME 484, PAGE 285 STATE OF TEXAS CALLED 2.064 ACRES D.R.C.C.T. VOLUME 484, PAGE 307 STATE OF TEXAS O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 24 O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 22 O.P.R.C.C.T. VOLUME 2006, PAGE 568 PHASE SEVEN GENTLE CREEK ESTATES TRACT 23 & PARCEL 32E PARCEL 32 PARCEL 31 P.O.C. IRON ROD (CM) FOUND 3/8" STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 08COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' 33 IS LOCATED ON SHEET 09 NOTE: P.O.C. AND P.O.B. FOR PARCEL LINE R.O.W. NEW P.O.B. 31 PLPL PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPLPLLSLINE R.O.W. NEW P.O.C. 32 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. P.O.B. 32E PL R.O.W. LINE NEW 33 PARENT TRACT INSERT (NOT TO SCALE) P.O.C. P.O.B. EXISTING R.O.W. R.O.W.EXISTINGPLLSPLPLLINE TABLE L60 N 78°27'19" E 101.82' L66 S 45°13'29" E 28.28' L67 S 00°13'29" E 15.13' L71 N 00°14'47" W 40.23' L72 N 00°17'07" W 45.49' L73 S 73°08'30" E 68.12' L74 S 45°58'24" E 74.53' L75 S 17°10'15" E 71.09' L76 N 89°47'01" E 44.00' LS ABSTRACT NO. 376 WILLIAM T HORN SURVEY LSEXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.GENTLE WAYR.O.W.EXI STI NGEXISTING R.O.W.EXISTING R.O.W.PL PLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPL PL PL PL PL PL PL PL PLPLPL PL PL PL PLPLPL PLPLO.P.R.C.C.T. VOLUME 2017, PAGE 199 20' WATER EASEMENT PLPL(VARIABLE WIDTH RIGHT-OF-WAY)O.P.R.C.C.T.VOLUME 2017, PAGE 199(50' RIGHT-OF-WAY)O.P.R.C.C.T.VOLUME 2017, PAGE 199(50' RIGHT-OF-WAY)P.R.C.C.T.CABINET K, PAGE 476(50' RIGHT-OF-WAY)E=2,500,865.2957 N=7,146,186.9375 GRID COORDINATE E=2,499,674.7209 N=7,146,176.5682 GRID COORDINATE E=2,499,743.7851 N=7,146,852.9860 GRID COORDINATE E=2,500,999.5228 N=7,146,861.4440 GRID COORDINATE REMAINDER OF PARCEL 31 NOTE: SEE SHEET 07 FOR THE AND 33 REMAINDER OF PARCELS 30 PART 2 NOTE: SEE SHEET 09 FOR THE 73,178 sf 24,207 sf Page 274 Item 13. DENSETREES DENSETREES V V CONCRETE DENSETREES DENSETREES CONCRETE PBXCONCRETE DENSETREES PBX P B XE E V E V V CONCRETE E V E DENSETREES DENSETREES V CONCRETE V DENSETREES DENSETREES DENSETREES DENSETREES PBX PBX DENSETREES DENSETREES DENSETREES CONCRETE CONCRETE PBX CONCRETE DENSETREES DENSETREES PBX V PBX CONCRETE CONCRETE V CONCRETE DENSETREES PBX PBX DENSETREES DENSETREES PBX DENSETREES DENSETREES CONCRETE CONCRETE PBX CONCRETE V V DENSETREES PBX PBX DENSETREES PBX V PBX CONCRETE V CONCRETE DENSETREES PBX DENSETREES PBX DENSETREES PBX PBX PBX DENSETREES V DENSETREES DENSETREES CONCRETE DENSETREES DENSETREES PBX PBX PBX PBX V V PBX PBX PBX V CONCRETE DENSETREES PBX DENSETREES DENSETREES V V CONCRETE DENSETREES V PBX PBX PBX PBX PBX CONCRETE PBX CONCRETE DENSETREES PBX V PBXV V V V DENSETREES DENSETREES PBX V PBX V V DENSETREES PBX DENSETREES DENSETREES PT 197+59.62 PC 196+04.55 PT 195+04.55 195+00 PC 193+49.48 190+00 185+00184+49.96 TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY O.P.R.C.C.T. 20100908000949220 DOCUMENT NO. BEVERLY D. GIVENS WILLIAM F. GIVENS AND OWNER: O.P.R.C.C.T. 20070813001118530 DOCUMENT NO. AND JOYCE L. PETERS EDMOND L. PETERS OWNER: O.P.R.C.C.T. 20180111000048870 DOCUMENT NO. URSULA J. BALLARD OWNER:P.R.C.C.T. CABINET M, PAGE 24 GENTLE CREEK ESTATES LOT 6 THROUGH LOT 27, BLOCK A, REPLAT OF LOT 6R, BLOCK A REMAINDER OF P.R.C.C.T. CABINET M, PAGE 24 GENTLE CREEK ESTATES LOT 27, BLOCK A, LOT 6 THROUGH REPLAT OF LOT 7R, BLOCK A REMAINDER OF O.P.R.C.C.T. DOCUMENT NO. 20160526000649070 AND CHRISTY JO ZUEHL SCOTT M. ZUEHL OWNER: O.P.R.C.C.T. DOCUMENT NO. 20131209001622490 AND SHIRLEY C. KIMBRIL DONALD R. KIMBRIL OWNER: P.R.C.C.T. CABINET K, PAGE 474 PHASE ONE GENTLE CREEK ESTATES LOT 1, BLOCK C P.R.C.C.T. CABINET K, PAGE 474 PHASE ONE GENTLE CREEK ESTATES LOT 4, BLOCK A P.R.C.C.T. CABINET K, PAGE 474 PHASE ONE GENTLE CREEK ESTATES LOT 1, BLOCK A P.R.C.C.T. CABINET K, PAGE 474 PHASE ONE GENTLE CREEK ESTATES LOT 2, BLOCK A P.R.C.C.T. CABINET K, PAGE 474 PHASE ONE GENTLE CREEK ESTATES LOT 3, BLOCK A P.R.C.C.T. CABINET K, PAGE 474 PHASE ONE GENTLE CREEK ESTATES LOT 5, BLOCK A O.P.R.C.C.T. VOLUME 6040, PAGE 456 JAMES DAVID LATIMER OWNER: O.P.R.C.C.T. 20120905001108140 DOCUMENT NO. AND STACIA MALONE DANNY PAUL MALONE OWNER: O.P.R.C.C.T. 20160706000857580 DOCUMENT NO. KRISTA M. ROGERS AND MICHAEL D. ROGERS OWNER: P.R.C.C.T. CABINET K, PAGE 476 PHASE TWO GENTLE CREEK ESTATES, LOT 2, BLOCK C O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 19 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 17 O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK C LOT 18 O.P.R.C.C.T. VOLUME 2017, PAGE 199 CITY OF CELINA 30' ROW DEDICATION O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 20, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 21, BLOCK A O.P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I LOT 22, BLOCK A P.R.C.C.T. CABINET N, PAGE 755 TWELVE OAKS PHASE I LOT 13, BLOCK B O.P.R.C.C.T. DOCUMENT NO. 20170428000540720 AND DEBORAH L. CARTER M JAY CARTER OWNER: O.P.R.C.C.T. VOLUME 2017, PAGE 199 7.5 UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 199 7.5 UTILITY EASEMENT HEATHER LANEO.P.R.C.C.T.VOLUME 2017, PAGE 199(A 50' RIGHT-OF-WAY)O.P.R.C.C.T. VOLUME 2011, PAGE 380 TWELVE OAKS, PHASE I LOT 10R-1 AND LOT 11R, BLOCK B, LOT 11R, BLOCK B P.R.C.C.T. CABINET N, PAGE 755 & UTILITY EASEMENT 10' DRAINAGE P.R.C.C.T. CABINET N, PAGE 755 LANDSCAPE EASEMENT P.R.C.C.T. CABINET N, PAGE 755 10' COSERV UTILITY EASEMENT P.R.C.C.T. CABINET N, PAGE 755 10' UTILITY EASEMENT P.R.C.C.T. CABINET N, PAGE 755 TWELVE OAKS PHASE I LOT 12, BLOCK B O.P.R.C.C.T. DOCUMENT NO. 20180523000628460 MICHAEL J. HAWKINS OWNER: P.R.C.C.T. CABINET N, PAGE 755 (A 50' RIGHT-OF-WAY) TWELVE OAKS LANE O.P.R.C.C.T. DOCUMENT NO. 20140722000761870 AND APRIL L KOOIMAN BRIAN B. KOOIMAN OWNER: O.P.R.C.C.T. VOLUME 2011, PAGE 380 TWELVE OAKS, PHASE I LOT 10R-1 AND LOT 11R, BLOCK B, LOT 10R-1, BLOCK B P.R.C.C.T. CABINET N, PAGE 755 CITY OF CELINA 40' ROW DEDICATION P.R.C.C.T. CABINET N, PAGE 755 30' BUILDING LINE P.R.C.C.T. CABINET N, PAGE 755 10' COSERV UTILITY EASEMENT P.R.C.C.T. CABINET N, PAGE 755 10' UTILITY EASEMENT(A 70' RIGHT-OF-WAY)COUNTY ROAD 84P.R.C.C.T. CABINET N, PAGE 755 30' BUILDING LINE CALLED 2.064 ACRES D.R.C.C.T. VOLUME 484, PAGE 307 STATE OF TEXAS ABSTRACT NO. 945 COLEMAN WATSON SURVEY ABSTRACT NO. 376 WILLIAM T HORN SURVEY P.R.C.C.T. CABINET K, PAGE 476 15' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 10' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 15' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 15' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 10' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 10' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 40' BUILDING LINE P.R.C.C.T. CABINET M, PAGE 24 10' UTILITY EASEMENT P.R.C.C.T. CABINET M, PAGE 24 15' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 40' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 474 LANDSCAPE EASEMENT P.R.C.C.T. CABINET K, PAGE 474 LANDSCAPE EASEMENT P.R.C.C.T. CABINET K, PAGE 474 5' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 474 15' WATER EASEMENT P.R.C.C.T. CABINET K, PAGE 474 SWBT EASEMENT P.R.C.C.T.CABINET K, PAGE 476(A 50' RIGHT-OF-WAY)GENTLE WAYP.R.C.C.T.CABINET K, PAGE 474(A 50' RIGHT-OF-WAY)WINDING CREEK ROADWINDING CREEK ROAD P.R.C.C.T. CABINET M, PAGE 24 40' BUILDING LINE (A VARIABLE WIDTH RIGHT-OF-WAY) O.P.R.C.C.T. PAGE 3460 VOLUME 5231, STATE OF TEXAS FM 1461 N 89°47'01" E S 86°16'06" E N 89°17'21" E N 89°17'21" E N 00°08'31" E 272.90'& PARCEL 34 PARCEL 33 P.O.B. 75.00' RT STATION 183+01.32 E=2,501,580.62 N=7,147,633.36 33 34 35 36 37 38 39 41 42 40 43 44 45 562.89' N 89°47'01" E 296.63'190.33' S 89°51'30" E 486.96' N 89°45'56" E 536.68'N 89°16'56" E 936.78' 1,711.61' 1,691.64' N 89°46'31" E 372.51'190.38' IRON ROD (CM) FOUND 5/8" 75.00' RT STA 189+52.8775.36' RT STA 184+91.00 75.00' RT STA 193+02.88 73.55' RT STA 194+27.02 80.00' LT STA 195+26.41 81.56' LT STA 194+27.02 80.00' LT STA 189+92.4390.00' LT STA 189+01.53 87.38' LT STA 189+25.35 94.98' LT STA 185+11.53 75.15' LT STA 184+91.33 30.61'39.52' 30.59'39.41' N 89°16'56" E 870.87' 344.18' 339.14'148.14' MONUMENT (CM) FOUND TXDOT TYPE I N 83°32'16" E 273.92' 328.08' N 89°20'44" E 153.57' O.P.R.C.C.T. VOLUME 5241, PAGE 4108 STATE OF TEXAS & PARCEL 37 PARCEL 36 P.O.C. "RPLS 4084" (CM) WITH CAP STAMPED FOUND 1/2 " IRON ROD & PARCEL 37 PARCEL 36 P.O.B. 90.00' LT STATION 185+81.49 E=2,501,859.38 N=7,147,800.55 23.97'67.49' N 89°17'21" E 320.04' N 89°17'21" E 437.72'102.53' S 86°16'06" E L77L78 L79 272.06'165.66' 181.57' & PARCEL 43 PARCEL 40 P.O.C. IRON ROD (CM) FOUND 1/2" "5439" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 120.35' 30 PART 2 O.P.R.C.C.T. VOLUME 2017, PAGE 199 CITY OF CELINA F.M. 1461 WIDENING FRONTIER PARKWAY / 15' RESERVATION FOR FUTURE MONUMENT (CM) FOUND TXDOT TYPE I & PARCEL 42 PARCEL 41 P.O.C. IRON ROD (CM) FOUND 1/2"& PARCEL 45 PARCEL 44 P.O.C. IRON ROD (CM) FOUND 1/2" PARCEL 46 P.O.C. IRON ROD (CM) FOUND 5/8" P.R.C.C.T. CABINET M, PAGE 24 DRAINAGE EASEMENT FLOODWAY & & PARCEL 43 PARCEL 40 P.O.B. 80.00' LT STATION 192+64.50 E=2,502,542.46 N=7,147,799.02S 00°07'16" E 338.57'S 00°43'48" E 321.71'IRON ROD (CM) FOUND 5/8" IRON ROD (CM) FOUND 5/8" IRON ROD (CM) FOUND 5/8" N 89°17'21" E 837.13' 75.0' RT STATION 185+87.01 E=2,501,866.94 N=7,147,635.63 PARCEL 35 P.O.B. PARCEL 35 P.O.C. IRON ROD (CM) FOUND 5/8" (CM) IRON ROD FOUND 5/8" "RPLS 4701" (CM) CAP STAMPED IRON ROD WITH FOUND 1/2" & PARCEL 39 PARCEL 38 P.O.B. 75.00' RT STATION 187+77.87 E=2,502,057.79 N=7,147,638.00 & PARCEL 42 PARCEL 41 P.O.B. 75.00' RT STATION 191+27.87 E=2,502,407.77 N=7,147,642.34 & PARCEL 45 PARCEL 44 P.O.B. 77.57' RT STATION 194+83.14 E=2,502,757.81 N=7,147,639.82 190.86'175.00'175.00'175.00'121.27' 190.49'175.00'175.00'175.00'175.02' N 89°38'30" E 890.51' IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" S 83°25 '39" E 431.98 '54.15 '377.83 'OF TRANSPORTATION" (CM) STAMPED "TEXAS DEPARTMENT FOUND 3-1/2" BRASS DISK IRON ROD (CM) FOUND 5/8" "BUSBY RPLS 4967" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 384.95'N 45°43'02" E N 00°21'17" W 307.51'N 00°21'30" W 312.22'N 00°21'30" W 294.70'S 87°29'29" E 474.76'L80L81L82L83L84L85L86L87L88L89L90L91L92C5 C6C7 95.96' N 89°04'33" E L93 42.49' (NO DEED OF RECORD FOUND) STATE OF TEXAS ** ** ** **** ** ** ** ** ** NEW R.O.W. LINE NEW R.O.W. LINE IRON ROD (CM) FOUND 5/8" P.R.C.C.T. CABINET K, PAGE 476 LANDSCAPE EASEMENT CALLED 3.885 ACRES D.R.C.C.T. VOLUME 484, PAGE 275 STATE OF TEXAS CALLED 4.375 ACRES D.R.C.C.T. VOLUME 484, PAGE 289 STATE OF TEXAS P.R.C.C.T. CABINET K, PAGE 476 50' BUILDING LINE P.R.C.C.T. CABINET M, PAGE 24 15' UTILITY EASEMENT P.R.C.C.T. CABINET M, PAGE 24 LANDSCAPE EASEMENT ABSTRACT NO. 1030 JONATHAN WESTOVER SURVEY STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 09COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' R.O.W. LINE NEW 33 PARENT TRACT INSERT (NOT TO SCALE) P.O.C. P.O.B. EXISTING R.O.W. R.O.W.EXISTINGPLLSPLPL R.O.W. LINE NEW P.O.C. 45 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. PLPL R.O.W. EXISTING R.O.W. LINE NEW P.O.C. 43 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPLR.O.W. EXISTING "ROOME" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD & PARCEL 34 PARCEL 33 P.O.C. IRON ROD (CM) FOUND 5/8" & PARCEL 39 PARCEL 38 P.O.C. IRON ROD (CM) FOUND 5/8" P.R.C.C.T. CABINET K, PAGE 476 PHASE TWO GENTLE CREEK ESTATES, LOT 3, BLOCK C P.R.C.C.T. CABINET K, PAGE 476 10' UTILITY EASEMENT LINE TABLE N 44°49'38" E 28.31' S 86°38'32" E 70.13' S 84°26'01" E 91.46' S 00°07'16" E 34.83' S 00°11'18" E 32.92' S 00°07'16" E 30.11' S 00°43'48" E 27.44' S 00°43'48" E 20.02' L77 L78 L79 L80 L81 L82 L83 L84 LINE TABLE N 00°08'31" E 43.66' N 00°08'30" E 39.93' N 00°08'30" E 40.35' N 00°21'30" W 39.93' N 00°21'30" W 38.85' N 00°21'30" W 37.77' N 00°21'30" W 36.70' N 00°21'17" W 51.87' L85 L86 L87 L88 L89 L90 L91 L92 = 155.03'CHORD DISTANCE = S 88°29'22" ECHORD BEARING = 2,000.00'RADIUS = 155.07'LENGTH = 77.58'TANGENT = 02°51'53"DEGREE OF CURVE = 04°26'33"DELTA = 2,502,706.00PI EASTING = 7,147,721.04PI NORTHING = 194+27.06PI STATION CENTERLINE CURVE DATA = 155.03'CHORD DISTANCE = S 88°29'22" ECHORD BEARING = 2,000.00'RADIUS = 155.07'LENGTH = 77.58'TANGENT = 02°51'53"DEGREE OF CURVE = 04°26'33"DELTA = 2,502,960.60PI EASTING = 7,147,704.44PI NORTHING = 196+82.13PI STATION CENTERLINE CURVE DATA LS PL PL PLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLLSLSEXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. O.P.R.C.C.T. PAGE 755 CABINET N, EASEMENT FLOODPLAIN 100 YEAR ARC LENGTH CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C5 62.50'02°19'34" (RT)N 00°59'19" W 2.54'2.54' C6 62.50'18°09'58" (LT)N 09°54'57" E 19.73'19.82' C7 62.50'00°41'27" (RT)N 00°29'14" E 0.75'0.75' O.P.R.C.C.T. 2002-0027675 DOCUMENT NO. AND CARLEY STIGLETS JAMES STIGLETS OWNER: 96.00' N 89°53'24" E P.R.C.C.T. PAGE 199 VOLUME 2017 LILYANA PHASE I BLOCK A LOT 19, PLEXISTING R.O.W. N 89°45'56" E 2,339.07' EXISTING R.O.W. AND 33 REMAINDER OF PARCELS 30 PART 2 NOTE: SEE SHEET 08 FOR THE L93 N 00°21'17" W 9.39' P.R.C.C.T. PAGE 24 CABINET M, EASEMENT 10' UTILITY P.R.C.C.T. CABINET M, PAGE 24 40' BUILDING LINE O.P.R.C.C.T. VOLUME 2017, PAGE 199 (A 50' RIGHT-OF-WAY) SNAPDRAGON COURT O.P.R.C.C.T. VOLUME 2017, PAGE 199 25' BUILDING LINE E=2,502,256.8814 N=7,146,300.5077 GRID COORDINATE E=2,501,243.7785 N=7,146,287.2708 GRID COORDINATE E=2,501,187.7505 N=7,147,034.8984 GRID COORDINATE E=2,502,533.4880 N=7,146,935.1333 GRID COORDINATE P.R.C.C.T. CABINET K, PAGE 474 (50' RIGHT-OF-WAY) 30 PART 2 IS LOCATED ON SHEET 08 NOTE: P.O.C. AND P.O.B. FOR PARCEL REMAINDER OF PARCEL 45 NOTE: SEE SHEET 10 FOR THE 22,728 sf 72,171 sf 7,100 sf Page 275 Item 13. DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE CONCRETE V CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE DENSETREES DENSETREES DENSETREES CONCRETE DENSETREES V V PBX PBX V DENSETREES PBX PBX PBX PBX CONCRETE PBX PBX PBX DENSETREES PBX PBX PBX PBX PBX PBXPBX PBX PBX V CONCRETE PBX DENSETREES V V V V DENSETREES V DENSETREES V CONCRETE PBX PBX DENSETREES DENSETREES CONCRETE CONCRETE CONCRETE PBXPBX DENSETREES CONCRETE V V DENSETREES PBX PBX V V DENSETREES CONCRETE DENSETREES CONCRETE CONCRETE V V V V V V V PBX PBX PBX PBX DENSETREES V PBX CONCRETE PBX P B XDENSETREES E V CONCRETE DENSETREES 210+00 PT 206+50.38205+00 PC 204+95.31PT 203+95.31PC 202+40.24 200+00 PT 197+59.62 TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY REMAINDER OF CALLED 39.970 ACRES O.P.R.C.C.T. DOCUMENT NO. 20121003001259750 TRACT 1 PROSPER TWIN CREEK PARTNERS, LP OWNER: CALLED 20.18 ACRES O.P.R.C.C.T. DOCUMENT NO. 20121003001259750 TRACT 2 PROSPER TWIN CREEK PARTNERS, LP OWNER: P.R.C.C.T. CABINET M, PAGE 24 GENTLE CREEK ESTATES LOT 6 THROUGH LOT 27, BLOCK A, REPLAT OF LOT 6R, BLOCK A REMAINDER OF P.R.C.C.T. CABINET M, PAGE 24 GENTLE CREEK ESTATES LOT 6 THROUGH LOT 27, BLOCK A, REPLAT OF LOT 7R, BLOCK A REMAINDER OF P.R.C.C.T. CABINET M, PAGE 24 GENTLE CREEK ESTATES LOT 27, BLOCK A, LOT 6 THROUGH REPLAT OF LOT 8R, BLOCK A O.P.R.C.C.T. DOCUMENT NO. 20160526000649070 AND CHRISTY JO ZUEHL SCOTT M. ZUEHL OWNER: O.P.R.C.C.T. 20131209001622490 DOCUMENT NO. AND SHIRLEY C. KIMBRIL DONALD R. KIMBRIL OWNER: P.R.C.C.T. CABINET N, PAGE 755 EASEMENT 100 YEAR FLOODPLAIN P.R.C.C.T. CABINET P, PAGE 486 10' COSERV EASEMENT P.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE P.R.C.C.T. CABINET P, PAGE 486 30' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 1, BLOCK D P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 3, BLOCK D O.P.R.C.C.T. VOLUME 2011, PAGE 380 TWELVE OAKS, PHASE I LOT 10R-1 AND LOT 11R, BLOCK B, LOT 11R, BLOCK B P.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE P.R.C.C.T. CABINET P, PAGE 486 SEWER EASEMENT 15' WATER & SANITARY O.P.R.C.C.T. VOLUME 5241, PAGE 4108 STATE OF TEXAS O.P.R.C.C.T. DOCUMENT NO. 20140722000761870 AND APRIL L KOOIMAN BRIAN B. KOOIMAN OWNER: O.P.R.C.C.T. VOLUME 2011, PAGE 380 TWELVE OAKS, PHASE I LOT 11R, BLOCK B, LOT 10R-1 AND LOT 10R-1, BLOCK B P.R.C.C.T. CABINET P, PAGE 486 (A 50' RIGHT-OF-WAY) O.P.R.C.C.T. VOLUME 2011, PAGE 380 EASEMENT 20' FLOODPLAIN O.P.R.C.C.T. VOLUME 5432, PAGE 4919 20' UTILITY EASEMENT P.R.C.C.T. CABINET P, PAGE 486 SEWER EASEMENT 15' WATER & SANITARY P.R.C.C.T. CABINET P, PAGE 486 FLOODPLAIN EASEMENT 100 YEAR P.R.C.C.T. CABINET P, PAGE 486 SEWER EASEMENT 5' WATER & SANITARY P.R.C.C.T. CABINET P, PAGE 486 & LANDSCAPE EASEMENT 50' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 4, BLOCK D P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 2, BLOCK C P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 3, BLOCK C P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 2, BLOCK D O.P.R.C.C.T. 20150918001190270 DOCUMENT NO. CITY OF CELINA, TEXAS OWNER: O.P.R.C.C.T. 20170217000219220 DOCUMENT NO. AND GELAREH F TRICKEY SHANE P TRICKEY OWNER: O.P.R.C.C.T. 20141222001391340 DOCUMENT NO. SPOUSE AE C. ROGERS LARRY B. ROGERS AND OWNER: O.P.R.C.C.T. 20161003001329530 DOCUMENT NO. DONNA RILEY LUCADO OWNER: O.P.R.C.C.T. 20130314000346820 DOCUMENT NO. AND KELLY TOKARCZYK JAMES TOKARCZYK OWNER: P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 1, BLOCK C O.P.R.C.C.T. 20100201000099430 DOCUMENT NO. AND CHRISTOPHER J. GLAMETTA KRISTI W. GLAMETTA OWNER: P.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE P.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE P.R.C.C.T. CABINET P, PAGE 486 & LANDSCAPE EASEMENT 50' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 486 10' COSERV EASEMENT P.R.C.C.T. CABINET P, PAGE 486 30' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 486 30' BUILDING LINE PEBBLE CREEK DRIVEPECAN GROVE LANE CALLED 4.375 ACRES D.R.C.C.T. VOLUME 484, PAGE 289 STATE OF TEXAS CALLED 2.339 ACRES VOLUME 484, PAGE 309 D.R.C.C.T. STATE OF TEXAS O.P.R.C.C.T. VOLUME 5194, PAGE 3206 STATE OF TEXAS ABSTRACT NO. 945 COLEMAN WATSON SURVEY ABSTRACT NO. 419 WM T HORN SURVEY O.P.R.C.C.T. VOLUME 4265, PAGE 1983 CITY OF PROSPER WATERLINE EASEMENT O.P.R.C.C.T. VOLUME 4265, PAGE 1983 CITY OF PROSPER WATERLINE EASEMENT O.P.R.C.C.T. VOLUME 4265, PAGE 1983 CITY OF PROSPER WATERLINE EASEMENT P.R.C.C.T. CABINET M, PAGE 24 15' UTILITY EASEMENT P.R.C.C.T. CABINET M, PAGE 24 LANDSCAPE EASEMENT P.R.C.C.T. CABINET M, PAGE 24 DRAINAGE EASEMENT FLOODWAY & O.P.R.C.C.T. VOLUME 5225, PAGE 5017 STATE OF TEXAS O.P.R.C.C.T. VOLUME 5231, PAGE 3460 STATE OF TEXAS FM 1461205+00 N 89°17'21" E N 84°50'48" E N 89°17'21" E 45 46 47 53 54525150 49 48 110.00' RT STA 200+75.25 WITH WASHER SET MAG NAIL 110.00' RT STA 201+93.17 69.17' RT STA 204+58.21 70.00' RT STA 206+48.61 69.99' LT STA 209+47.53 70.10' LT STA 206+28.67 100.01' LT STA 206+00.33 86.58' LT STA 203+55.21 N 89°20'44" E 328.08' 181.57'146.51' 431.98 'S 83°25 '39" E 377.83 'PARCEL 46 P.O.B. 110.00'' RT STATION 198+75.63 E=2,503,155.54 N=7,147,596.85 110.00' RT STA 198+53.24 N 45°43'02" E 384.95' S 87°29'29" E 474.76' S 84°46'02" E 260.94' 143.87' 67.84' 49.23' 84.97' LT STA 202+24.45 N 89°17'17" E 175.28'N 89°17'17" E 671.36' L94 L95 N 89°16'56" E 1,712.98'251.46' FOUND 1/2" IRON ROD IRON ROD (CM) FOUND 1/2" & PARCEL 49 PARCEL 48 P.O.C. IRON ROD(CM) FOUND 1/2" OF TRANSPORTATION" (CM) STAMPED "TEXAS DEPARTMENT FOUND 3-1/2" BRASS DISK 170.11'137.83'181.78'181.79' IRON ROD (CM) FOUND 1/2" "EC&D RPLS 5439" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 182.41'182.40'170.20'169.34' 73.71'' LT STATION 205+30.41 E=2,503,802.83 N=7,147,804.63 & PARCEL 49 PARCEL 48 P.O.B. & PARCEL 51 PARCEL 50 P.O.C. IRON ROD (CM) FOUND 1/2" EC&D RPLS 5439 (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD N 89°17'21" E 339.93' N 78°24'21" E 275.00' N 86°51'36" E 185.00' N 89°17'21" E 815.47' 308.95' 506.52' 22.39' 199.62'117.92'C8L96L97L98 L99 L100L101 & PARCEL 51 PARCEL 50 P.O.B. 69.98' LT STATION 207+65.74 E=2,504,042.49 N=7,147,807.61 L102 L103 & PARCEL 54 PARCEL 52 P.O.C. IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 5/8" 69.99' LT STATION 211+29.92 E=2,504,406.64 N=7,147,812.14 & PARCEL 54 PARCEL 52 P.O.B. S 00°42'02" E 404.17'S 00°43'24" E 406.46'L104 L105 OF TRANSPORTATION" (CM) STAMPED "TEXAS DEPARTMENT FOUND 3-1/2" BRASS DISK OF TRANSPORTATION" (CM) STAMPED "TEXAS DEPARTMENT FOUND 3-1/2" BRASS DISK N 82°12'16" E 274.82' N 89°16'56" E 1,634.00' 611.08' 500.74'L106& PARCEL 53 PARCEL 47 P.O.B. 70.00' RT STATION 209+57.62 E=2,504,236.09 N=7,147,670.02 39.80' S 87°29'15" E 87.28' S 87°29'19" E ** ** **** ** ** ** ** ** NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE ABSTRACT NO. 376 WILLIAM T HORN SURVEY P.R.C.C.T. CABINET N, PAGE 755 UTILITY EASEMENT 10' COSERV P.R.C.C.T. CABINET N, PAGE 755 10' UTILITY EASEMENT N 08°00'36" E 680.03'EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. LS LSPL PL PL PL PL PLPL PLPL PLPLPLPLPLPLPLPLPLPL& PARCEL 53 PARCEL 47 P.O.C. IRON ROD (CM) FOUND 3/4" 45 IS LOCATED ON SHEET 09 NOTE: P.O.C. AND P.O.B. FOR PARCEL STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 10COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' R.O.W. LINE NEW P.O.C. 45 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. PL PL R.O.W. EXISTING P.O.B. 46 EXISTIN G R.O.W. PARENT TRACT INSERT (NOT TO SCALE) R.O.W. EXISTING P.O.C. R.O.W. LINE NEW R.O.W. LINE NEW P.O.B. PARENT TRACT INSERT (NOT TO SCALE) P.O.B. EXISTING R.O.W. 47 PLPL PLPLPLP LPLP L P L PLPLPLPLPL P.O.B. 53 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. R.O.W. LINE NEW PLPLPL PL PL PLP.O.C. 54 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) P.O.B. R.O.W. LINE NEWPLE X IST IN G R .O .W . EXISTING R.O.W. = 155.03'CHORD DISTANCE = S 88°29'22" ECHORD BEARING = 2,000.00'RADIUS = 155.07'LENGTH = 77.58'TANGENT = 02°51'53"DEGREE OF CURVE = 04°26'33"DELTA = 2,502,960.60PI EASTING = 7,147,704.44PI NORTHING = 196+82.13PI STATION CENTERLINE CURVE DATA = 155.03'CHORD DISTANCE = N 87°04'05" ECHORD BEARING = 2,000.00'RADIUS = 155.07'LENGTH = 77.58'TANGENT = 02°51'53"DEGREE OF CURVE = 04°26'33"DELTA = 2,503,596.32PI EASTING = 7,147,712.33PI NORTHING = 203+17.82PI STATION CENTERLINE CURVE DATA = 155.03'CHORD DISTANCE = N 87°04'05" ECHORD BEARING = 2,000.00'RADIUS = 155.07'LENGTH = 77.58'TANGENT = 02°51'53"DEGREE OF CURVE = 04°26'33"DELTA = 2,503,850.44PI EASTING = 7,147,735.24PI NORTHING = 205+72.89PI STATION CENTERLINE CURVE DATA LINE TABLE L94 N 87°06'56" E 125.82' L95 S 46°23'19" E 42.04' L96 S 16°49'41" W 35.73' L97 S 02°38'53" W 31.08' L98 S 02°38'53" W 9.86' L99 N 67°01'45" E 77.55' L100 S 02°30'50" W 39.27' L101 S 00°42'02" E 9.82' L102 S 00°39'59" E 9.80' L103 S 00°43'24" E 9.78' L104 N 45°43'02" E 106.09' L105 S 50°13'02" E 109.16' L106 N 08°00'36" E 40.66' ARC LENGTH CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C8 1,686.59'03°43'31" (RT)S 01°26'37" E 109.64'109.66' P.R.C.C.T. CABINET M, PAGE 24 15' DRAINAGE EASEMENT CALLED 2.064 ACRES D.R.C.C.T. VOLUME 484, PAGE 307 STATE OF TEXAS PL REMAINDER OF PARCELS 53 & 54 NOTE: SEE SHEET 11 FOR THE LOCATED ON SHEET 09 NOTE: P.O.C. PARCEL FOR 46 IS 70.14'EXISTING R.O.W. (VARIABLE WIDTH RIGHT-OF-WAY)P.R.C.C.T.CABINET P, PAGE 486(50' RIGHT-OF-WAY)E=2,504,003.2761 N=7,146,528.7296 GRID COORDINATE E=2,502,891.4980 N=7,146,299.6331 GRID COORDINATE E=2,502,734.1092 N=7,147,143.1632 GRID COORDINATE E=2,504,111.5505 N=7,147,029.3292 GRID COORDINATE REMAINDER OF PARCEL 45 NOTE: SEE SHEET 09 FOR THE 13,079 sf 87,913 sf Page 276 Item 13. DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE CONCRETE CONCRETE DENSETREES CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE PBX V V PBX V PBX DENSETREES V V DENSETREES V PBX PBX PBX PBX DENSETREES V DENSETREES DENSETREES V CONCRETE V DENSETREES V CONCRETE DENSETREES V CONCRETE PBX V V V V V DENSETREES CONCRETE V V V V V V CONCRETE CONCRETE CONCRETE DENSETREES DENSETREES DENSETREES V V PBX CONCRETE PBX ONLYCONCRETE V V ONLYV PBX PBX PBX V PBX PBX PBX V PBX V V PBX V DENSETREES V V V PBX PBX ONLYPBXP BXPBX PBX PBX PBX PBX V PBX PBX PBX PBX PBX PBXP BXPBX V PBX PBX PBXPBX V PBX PBX PBX PBX PBX PBX PBX V PBXPBX PT 225+15.86 225+00PC 223+15.47 220+00 PT 219+65.47PC 218+41.83 PC 216+07.36 215+00 PT 217+41.83 PC 226+15.86 TOWN OF PROSPER COLLIN COUNTY EXTRATERRITORIAL JURISDICTION TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE APPROXIMATE CITY LIMIT LINE APPROXIMATE CITY LIMIT LINEAPPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY CITY OF CELINA COLLIN COUNTY REMAINDER OF CALLED 39.970 ACRES O.P.R.C.C.T. DOCUMENT NO. 20121003001259750 TRACT 1 PROSPER TWIN CREEK PARTNERS, LP OWNER: CALLED 1.4999 ACRES O.P.R.C.C.T. DOCUMENT NO. 20170330000404710 ARSHAD NIAZ OWNER; P.R.C.C.T. CABINET K, PAGE 515 PHASE ONE AMBERWOOD FARMS LOT 33, BLOCK A O.P.R.C.C.T. PAGE 3277 VOLUME 5595, ANITA HAWKINS OWNER: P.R.C.C.T. CABINET K, PAGE 515 PHASE ONE AMBERWOOD FARMS LOT 32, BLOCK A CALLED 21.53 ACRES O.P.R.C.C.T. DOCUMENT NO. 20170629000854270 OM FRONTIER ESTATES, LLC OWNER: P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 30, BLOCK C P.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE P.R.C.C.T. CABINET P, PAGE 486 SEWER EASEMENT 15' WATER & SANITARY O.P.R.C.C.T. VOLUME 2017, PAGE 74 30' BUILDING LINE P.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE O.P.R.C.C.T. VOLUME 2017, PAGE 74 DETENTION EASEMENT DRAINAGE & O.P.R.C.C.T. VOLUME 2017, PAGE 74 SEWER EASEMENT 15' SANITARY O.P.R.C.C.T. VOLUME 2017, PAGE 74 5' WALL MAINTENANCE EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 74 MUSTANG LAKES PHASE ONE LOT 1, BLOCK A O.P.R.C.C.T. VOLUME 2017, PAGE 74 MUSTANG LAKES PHASE ONE LOT 2, BLOCK B O.P.R.C.C.T. VOLUME 2017, PAGE 74 MUSTANG LAKES PHASE ONE LOT 4X, BLOCK C O.P.R.C.C.T. VOLUME 2017, PAGE 74 MUSTANG LAKES PHASE ONE LOT 2X, BLOCK B O.P.R.C.C.T. VOLUME 2017, PAGE 74 EASEMENT 5' WALL MAINTENANCE O.P.R.C.C.T. DOCUMENT NO. 20170905001187960 MUSTANG LAKES OWNERS ASSOCIATION, INC. OWNER: P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 4, BLOCK D P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 29, BLOCK C P.R.C.C.T. CABINET P, PAGE 486 TWELVE OAKS PHASE II LOT 28, BLOCK C O.P.R.C.C.T. DOCUMENT NO. 20161006001355070 & ANNA CARINA JONSSONHJALBER JAN OLOF HJALBER OWNER: O.P.R.C.C.T. 20100201000099430 DOCUMENT NO. AND CHRISTOPHER J. GLAMETTA KRISTI W. GLAMETTA OWNER: O.P.R.C.C.T. VOLUME 2017, PAGE 74 EASEMENT 25'X25' VISIBILITY O.P.R.C.C.T. VOLUME 2017, PAGE 74 30' BUILDING LINE AMERICAN PHAROAH WAYP.R.C.C.T. CABINET P, PAGE 486 30' BUILDING LINE WATERVIEW TRAIL OAK BEND TRAILP.R.C.C.T. CABINET P, PAGE 486 & UTILITY EASEMENT 20' DRAINAGE P.R.C.C.T. CABINET P, PAGE 486 30' BUILDING LINE **EE-07 **EE-01 P.R.C.C.T. CABINET P, PAGE 486 10' COSERV EASEMENT **EE-02 O.P.R.C.C.T. VOLUME 2017, PAGE 74 10' UTILITY EASEMENT O.P.R.C.C.T. 20170905001187960 DOCUMENT NO. ASSOCIATION, INC. MUSTANG LAKES OWNERS OWNER: O.P.R.C.C.T. VOLUME 2017, PAGE 74 10' UTILITY EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 74 DRAINAGE EASEMENT O.P.R.C.C.T. VOLUME 2017, PAGE 74 10' UTILITY EASEMENT *EE-09 O.P.R.C.C.T. VOLUME 2017, PAGE 74 MUSTANG LAKES PHASE ONE LOT 1, BLOCK B O.P.R.C.C.T. VOLUME 5880, PAGE 28 ACCESS EASEMENT 25' PERMANENT O.P.R.C.C.T. VOLUME 2017, PAGE 74 PHASE ONE MUSTANG LAKES LOT 1X, BLOCK A **EE-04 O.P.R.C.C.T. VOLUME 2017, PAGE 74 7.5' UTILITY EASEMENT **EE-10 *EE-06 O.P.R.C.C.T. VOLUME 2017, PAGE 74 CITY OF CELINA 20' RIGHT-OF-WAY DEDICATION O.P.R.C.C.T. VOLUME 2017, PAGE 74 DETENTION EASEMENT DRAINAGE & CALLED 0.719 ACRES D.R.C.C.T. VOLUME 484, PAGE 342 STATE OF TEXAS CALLED 2.339 ACRES VOLUME 484, PAGE 309 D.R.C.C.T. STATE OF TEXAS **EE-06 ABSTRACT NO. 419 WM T HORN SURVEY O.P.R.C.C.T. VOLUME 4265, PAGE 1989 CITY OF PROSPER WATERLINE EASEMENT O.P.R.C.C.T. VOLUME 4265, PAGE 1983 CITY OF PROSPER WATERLINE EASEMENT N 89°17'21" E S 86°51'31" E N 89°35'56" E N 83°51'30" E 53 57 58 56 55 54 59 60 85.00' RT STA 216+07.36 85.00' RT STA 219+65.47 88.86' RT STA 224+37.02 196.31' RT STA 224+44.50 208.49' RT STA 225+14.72 105.25' RT STA 225+47.93 85.49' LT STA 226+18.25 112.48' LT STA 226+05.45 121.07' LT STA 225+18.26 100.86' LT STA 224+92.45 94.55' LT STA 223+89.59 96.48' LT STA 219+77.35 75.44' LT STA 217+53.06 69.99' LT STA 213+97.04 69.99' LT STA 212+99.26 1,712.98' N 89°16'56" E 170.20'169.34' IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" N 89°17'21" E 815.47'S 84°43'54" E 144.00' S 88°11'25" E 357.57'N 89°35'56" E 476.87'107.75'S 08°15'05" E78.28' S 86°09'12" E 108.48'N 11°44'55" EN 79°26'09" E 263.80' 506.52' IRON ROD (CM) FOUND 5/8" "EC&D RPLS 5439" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD N 89°16'56" E 1,634.00' 500.74' 313.44'208.74' N 89°17'17" E 360.96' L108 387.51' & PARCEL 56 PARCEL 55 P.O.C. IRON ROD (CM) FOUND 1/2" & PARCEL 56 PARCEL 55 P.O.B. 100.19' LT STATION 213+66.79 E=2,504,643.12 N=7,147,845.28 WITH CAP (ILLEGIBLE) (CM) FOUND 1/2" IRON ROD 229.28' **EE-05 "EC&D RPLS 5439" WITH CAP STAMPED FOUND 1/2" IRON ROD "DAA" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 10.66' L109 212.56'N 89°40'25" E 196.16' 70.09' L110 L111L112 L1 1 3C9 EASEMENT SANITARY SEWER PROPOSED 15' 727.21' N 89°40'30" E O.P.R.C.C.T. VOLUME 2017, PAGE 74 SEWER EASEMENT 15' SANITARY *EE-08 *EE-08 O.P.R.C.C.T. VOLUME 5880, PAGE 28 WATER LINE EASEMENT 15' PERMANENT *EE-09 O.P.R.C.C.T. VOLUME 2017, PAGE 74 20' UTILITY EASEMENT *EE-06 O.P.R.C.C.T. VOLUME 2017, PAGE 74 TRIANGLE EASEMENT 45'X45' SIGHT VISIBILITY **EE-07 P.R.C.C.T. CABINET P, PAGE 486 & LANDSCAPE EASEMENT 50' BUILDING LINE **EE-01 P.R.C.C.T. CABINET P, PAGE 486 SEWER EASEMENT 15' WATER & SANITARY **EE-02 O.P.R.C.C.T. 20160218000186210 DOCUMENT NO. BELL TELEPHONE EASEMENT 20'X20' SOUTHWESTERN **EE-03 O.P.R.C.C.T. VOLUME 2017, PAGE 74 20' COSERV EASEMENT **EE-04 O.P.R.C.C.T. VOLUME 2017, PAGE 74 10' UTILITY EASEMENT **EE-05 **EE-07 131.87' P.O.C. PARCEL 59 WITH CAP (ILLEGIBLE) (CM) FOUND 1/2" IRON ROD **EE-03 86.09' LT STATION 217+52.64 E=2,505,034.84 N=7,147,830.60 PARCEL 59 P.O.B. S 00°55'19" W 140.25'L1 1 4 L107 L115 L116L117 9.72 "DAA" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD D.R.C.C.T. VOLUME 468, PAGE 125 VOLUME 467, PAGE 480 RIGHT-OF-WAY EASEMENT COOPERATIVE, INC. DENTON COUNTY ELECTRIC **EE-10 "DAA" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 752.57' N 89°40'07" E 2,592.42'L118L119WITH CAP (ILLEGIBLE) (CM) FOUND 1/2" IRON ROD "GEER 4117" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD "GEER 4117" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD N 00°10'12" W 272.68'& PARCEL 58 PARCEL 57 P.O.C. IRON ROD (CM) FOUND 5/8" PARCEL 57 P.O.B. 70.00' RT STATION 214+64.14 E=2,504,742.57 N=7,147,676.31 PARCEL 58 P.O.B. 86.76' RT STATION 216+75.69 E=2,504,951.35 N=7,147,661.02 65.41' 292.16' 930.97' 911.31' N 89°18'17" E 208.71'N 00°09'51" W 254.86'N 89°40'07" E 2,591.69' APPROXIMATE CITY LIMIT LINE ******** ****** **** ** ** ** **** ** ** ** NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE ABSTRACT NO. 945 COLEMAN WATSON SURVEY P.R.C.C.T. CABINET K, PAGE 515 20' DRAINAGE EASEMENT P.R.C.C.T. PAGE 515 CABINET K, EASEMENT 10' UTILITY 53 & 54 IS LOCATED ON SHEET 10 NOTE: P.O.C. AND P.O.B. FOR PARCEL 60 IS LOCATED ON SHEET 12 NOTE: P.O.C. AND P.O.B. FOR PARCEL STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 11COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' N 0'25'50'100' GRAPHIC SCALE 50' P.O.B. 53 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. R.O.W. LINE NEW PLPLPL PL PL PLP.O.C. 54 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) P.O.B. R.O.W. LINE NEWPLE X IST IN G R .O .W . EXISTING R.O.W. R.O.W. LINE NEW P.O.C. 58 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPL PL 60EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. P.O.B. R.O.W. LINE NEW PLPLPLPLPLPL LINE TABLE S 45°45'32" E 42.75' N 89°16'52" E 219.14' L107 L108 N 82°18'39" E 98.03' N 44°40'30" E 31.78' N 89°29'10" E 87.61' S 31°40'59" E 29.92' S 19°57'15" E 37.07' N 65°11'32" E 73.97' L109 L110 L111 L112 L113 L114 L115 S 05°43'55" E 9.80' L116 S 05°35'59" E 40.10' L117 S 00°55'19" W 20.38' L118 N 00°10'12" W 40.25' L119 N 00°09'51" W 58.16' ARC LENGTH CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C9 1,686.59'03°18'30" (LT)S 02°02'36" E 97.37'97.38' = 134.44'CHORD DISTANCE = S 88°47'05" ECHORD BEARING = 2,000.00'RADIUS = 134.46'LENGTH = 67.26'TANGENT = 02°51'53"DEGREE OF CURVE = 03°51'08"DELTA = 2,504,952.16PI EASTING = 7,147,748.91PI NORTHING = 216+74.62PI STATION CENTERLINE CURVE DATA = 123.63'CHORD DISTANCE = S 88°37'47" ECHORD BEARING = 2,000.00'RADIUS = 123.65'LENGTH = 61.84'TANGENT = 02°51'53"DEGREE OF CURVE = 03°32'32"DELTA = 2,505,180.92PI EASTING = 7,147,736.36PI NORTHING = 219+03.67PI STATION CENTERLINE CURVE DATA = 200.30'CHORD DISTANCE = N 86°43'43" ECHORD BEARING = 2,000.00'RADIUS = 200.38'LENGTH = 100.28'TANGENT = 02°51'53"DEGREE OF CURVE = 05°44'26"DELTA = 2,505,693.03PI EASTING = 7,147,739.94PI NORTHING = 224+15.75PI STATION CENTERLINE CURVE DATA = 202.95'CHORD DISTANCE = N 86°46'00" ECHORD BEARING = 2,000.00'RADIUS = 203.04'LENGTH = 101.61'TANGENT = 02°51'53"DEGREE OF CURVE = 05°49'00"DELTA = 2,505,993.18PI EASTING = 7,147,772.24PI NORTHING = 227+17.47PI STATION CENTERLINE CURVE DATA LS FM 1461 PL PL PL PL PL PL PLPL PLPLPLPLPL PLEXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXI STI NG R.O.W.EXI STI NG R.O.W.EXISTING R.O.W.EX IST IN G R .O .W .EXISTING R.O.W.N 89°17'17" E 671.36' REMAINDER OF PARCELS 53 & 54 NOTE: SEE SHEET 10 FOR THE REMAINDER OF PARCELS 58 & 60 NOTE: SEE SHEET 12 FOR THE CITY LIMIT LINEAPPROXIMATECALLED 4.375 ACRES D.R.C.C.T. VOLUME 484, PAGE 289 STATE OF TEXAS O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 WELLSPRING ESTATES PHASE I OPEN SPACE/PUBLIC ACCESS EASEMENT LOT 1X, BLOCK H CALLED 112.274 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER: O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 PROPOSED DRAINAGE EASEMENT N 89°41'52" E 566.90' (VARIABLE WIDTH RIGHT-OF-WAY)P.R.C.C.T.CABINET P, PAGE 486(50' RIGHT-OF-WAY)O.P.R.C.C.T. VOLUME 2017, PAGE 74 (VARIABLE WIDTH RIGHT-OF-WAY)P.R.C.C.T.CABINET P, PAGE 486(50' RIGHT-OF-WAY)E=2,504,151.2789 N=7,146,328.4350 GRID COORDINATE E=2,505,315.8507 N=7,146,284.0665 GRID COORDINATE E=2,505,585.0591 N=7,146,871.3278 GRID COORDINATE E=2,504,072.5759 N=7,147,028.0121 GRID COORDINATE 7,877 sf 5,626 sf 104,976 sf 19,281 sf Page 277 Item 13. DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE DENSETREES DENSETREES PBX V V DENSETREES V V DENSETREES PBX DENSETREES DENSETREES V DENSETREES V DENSETREES DENSETREES V V DENSETREES V V V V V V V V V CONCRETE V V V V V PBX V V V DENSETREES PBX V PBX DENSETREES V V PBX PBX PBX V DENSETREES DENSETREES ONLYDENSETREES V V V V V CONCRETE CONCRETE DENSETREES V DENSETREES CONCRETE CONCRETE DENSETREES 240+00235+00230+00 PT 228+18.89 TOWN OF PROSPER COLLIN COUNTY TOWN OF PROSPER COLLIN COUNTY JURISDICTION EXTRATERRITORIAL TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE CITY OF CELINA COLLIN COUNTY P.R.C.C.T. CABINET K, PAGE 515 PHASE ONE AMBERWOOD FARMS LOT 1, BLOCK A P.R.C.C.T. CABINET K, PAGE 515 PHASE ONE AMBERWOOD FARMS LOT 33, BLOCK A O.P.R.C.C.T. 20140512000466000 DOCUMENT NO. RICHARD B HONEA OWNER: O.P.R.C.C.T. VOLUME 5595, PAGE 3277 ANITA HAWKINS OWNER: P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 1, BLOCK A P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 2, BLOCK A P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 3, BLOCK A P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 1, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 10, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 2, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 3, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 8, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 9, BLOCK B O.P.R.C.C.T. 20170630000863510 DOCUMENT NO. PHILLIP JOHNSON OWNER: O.P.R.C.C.T. 20130114000058550 DOCUMENT NO. MALCOLM CAMPBELL OWNER: O.P.R.C.C.T. VOLUME 2747, PAGE 410 CHARLA KAY DUNN RODNEY WAYNE DUNN AND OWNER: CALLED 21.53 ACRES O.P.R.C.C.T. DOCUMENT NO. 20170629000854270 OM FRONTIER ESTATES, LLC OWNER: CALLED 0.719 ACRES D.R.C.C.T. VOLUME 484, PAGE 342 STATE OF TEXAS CALLED 3.667 ACRES D.R.C.C.T. VOLUME 484, PAGE 269 STATE OF TEXAS CALLED 0.264 ACRES D.R.C.C.T. VOLUME 484, PAGE 277 STATE OF TEXAS CALLED 1.321 ACRES D.R.C.C.T. VOLUME 484, PAGE 269 STATE OF TEXAS **EE-13 ABSTRACT NO. 412 GEORGE HORN SURVEY **EE-15 **EE-12**EE11 **EE-14 **EE-16 P.R.C.C.T. CABINET K, PAGE 515 40' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 515 UTILITY EASEMENT 10' DRAINAGE & P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 40' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 515 40' BUILDING LINE P.R.C.C.T. CABINET K, PAGE 515 10' UTILITY EASEMENT P.R.C.C.T. CABINET K, PAGE 515 20' DRAINAGE EASEMENT P.R.C.C.T. CABINET K, PAGE 515 10' UTILITY EASEMENT AMBERWOOD LANE P.R.C.C.T. CABINET G, PAGE 245 PROSPER, TEXAS RIGHT-OF-WAY DEDICATION P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 40' BUILDING LINE COLLIN GREEN BOULEVARDFM 1461 N 89°40'30" E 61 63 66 65 67 68 75.00' RT STA 228+18.89 73.64' RT STA 238+22.18 70.00' RT STA 241+22.22 N 79°26'09" E 263.80' CALLED 112.274 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER: ABSTRACT NO. 945 COLEMAN WATSON SURVEY O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 CITY OF CELINA RIGHT-OF-WAY DEDICATION LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 PHASE I WELLSPRING ESTATES LOT 13X, BLOCK A O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 WELLSPRING ESTATES PHASE I OPEN SPACE/PUBLIC ACCESS EASEMENT LOT 1X, BLOCK H SANITARY SEWER EASEMENT PROPOSED 15' O.P.R.C.C.T. 20190916010003940 DOCUMENT NO. 7.5' UTILITY EASEMENT FOUNTAIN PARK DRIVE (A 50' RIGHT-OF-WAY)WELLSPRING PARKWAYN 89°40'30" E 727.21' O.P.R.C.C.T. 20190916010003940 DOCUMENT NO. WELLSPRING ESTATES PHASE I BLOCK A 62 64 131.87'595.34' & PARCEL 61 PARCEL 60 P.O.C. IRON ROD (CM) FOUND 1/2" &PARCEL 61 PARCEL 60 P.O.B. 76.43' LT STATION 227+44.71 E=2,506,017.35 N=7,147,847.38 N 89°40'07" E 2,592.42' PARCEL 62 P.O.C. "CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 WELLSPRING ESTATES PHASE I OPEN SPACE LOT 14X, BLOCK A 75.00' LT STATION 233+37.23 E=2,506,612.68 N=7,147,850.75 PARCEL 62 P.O.B. CALLED 92.349 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER: O.P.R.C.C.T. VOLUME 5880, PAGE 8 CITY OF CELINA, TEXAS & TEMPORARY CONSTRUCTION EASEMENT 25' PERMANENT ACCESS EASEMENT **EE11 O.P.R.C.C.T. VOLUME 5880, PAGE 8 CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT **EE-12 O.P.R.C.C.T. VOLUME 5120, PAGE 4665 COSERV GAS, LTD. SYSTEM EASEMENT NATURAL GAS DISTRIBUTION **EE-13 D.R.C.C.T. VOLUME 2503, PAGE 952 EASEMENT ELECTRIC COOPERATIVE, INC. DENTON COUNTY **EE-14 O.P.R.C.C.T. VOLUME 4772, PAGE 981 COSERV GAS, LTD 10' EASEMENT TO **EE-15 O.P.R.C.C.T. VOLUME 5880, PAGE 1 CITY OF CELINA, TEXAS & TEMPORARY CONSTRUCTION EASEMENT 25' PERMANENT ACCESS EASEMENT **EE-16 PARCEL 64 P.O.C. "CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 80.00' LT STATION 234+73.78 E=2,506,749.20 N=7,147,856.53 PARCEL 64 P.O.B. O.P.R.C.C.T. 20190916010003940 DOCUMENT NO. MAINTENANCE EASEMENT 5' WALL & **EE-17 N 87°34'41" E 136.64'N 89°40'30" E 889.39' 1,839.85' **EE-18 O.P.R.C.C.T. VOLUME 5880, PAGE 1 CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT **EE-18 109.83'S 01°57'47" WN 89°37'02" E 436.28' 107.67' N 89°40'30" E N 89°40'30" E 239.92' 500.02' N 89°40'30" E L120 L121 L122 L123 L124 L125 L126 75.02' RT STA 228+86.25 67.27' RT STA 228+96.89 MONUMENT (CM) FOUND TXDOT WOOD "GEER 4117" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD IRON ROD (CM) FOUND 1/2" 433.44' 66.83' RT STA 233+30.339 79.49' RT STA 233+41.28 79.49' RT STA 234+48.95 69.70' RT STA 234+60.32 & PARCEL 65 PARCEL 63 P.O.C. IRON ROD (CM) FOUND 1/2" "DAA" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD S 00°07'50" W 192.25'& PARCEL 65 PARCEL 63 P.O.B. 69.59' RT STATION 235+72.30 E=2,506,848.57 N=7,147,707.50 73.64' RT STA 235+82.26 "CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 653.13'N 89°43'48" E 249.90' 2.84' 250.01'250.01' P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT & PARCEL 67 PARCEL 66 P.O.B. 70.00' RT STATION 238+72.21 E=2,507,148.48 N=7,147,708.79 IRON ROD (CM) FOUND 1/2" & PARCEL 67 PARCEL 66 P.O.C. IRON ROD (CM) FOUND 1/2" 250.01'250.01' N 89°43'48" E 500.02' L127 L128 12.54' 17.40' L129L130L131 L132 N 89°45'22" E 689.12' L133 L134L135L136 10.11' 14.65' N 89°40'07" E 2,591.69'1,007.59' L137 L138 L139 ABSTRACT NO. 419 WM T HORN SURVEY APPROXIMATE CITY LIMIT LINE CALLED 112.274 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER:S 00°07'50" W 191.00'IRON ROD (CM) FOUND 1/2"S 00°07'50" W 189.01'** ** ** ** ** **** **** ** **** NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE *EE-09 O.P.R.C.C.T. VOLUME 5880, PAGE 28 ACCESS EASEMENT 25' PERMANENT**EE-10 *EE-06 O.P.R.C.C.T. VOLUME 2017, PAGE 74 CITY OF CELINA DEDICATION 20' RIGHT-OF-WAY 566.90' N 89°41'52" E *EE-08 131.87' "CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD L127 L128 12.54' 17.40' O.P.R.C.C.T. VOLUME 2017, PAGE 74 MUSTANG LAKES PHASE ONE LOT 4X, BLOCK C O.P.R.C.C.T. 20170905001187960 DOCUMENT NO. OWNERS ASSOCIATION, INC. MUSTANG LAKES OWNER: O.P.R.C.C.T. PAGE 74 VOLUME 2017, EASEMENT DETENTION DRAINAGE & NOT TO SCALE DETAIL "A" &PARCEL 61 PARCEL 60 P.O.B. 76.43' LT STATION 227+44.71 E=2,506,017.35 N=7,147,847.38 SEE DETAIL "A" **EE-17 O.P.R.C.C.T. VOLUME 2017, PAGE 74 SEWER EASEMENT 15' SANITARY *EE-08 O.P.R.C.C.T. VOLUME 5880, PAGE 28 WATER LINE EASEMENT 15' PERMANENT *EE-09 O.P.R.C.C.T. VOLUME 2017, PAGE 74 20' UTILITY EASEMENT *EE-06 D.R.C.C.T. VOLUME 468, PAGE 125 VOLUME 467, PAGE 480 RIGHT-OF-WAY EASEMENT COOPERATIVE, INC. DENTON COUNTY ELECTRIC **EE-10 58 IS LOCATED ON SHEET 11 NOTE: P.O.C. AND P.O.B. FOR PARCEL REMAINDER OF PARCELS 58 & 60 NOTE: SEE SHEET 11 FOR THE REMAINDER OF PARCELS 64 & 68 NOTE: SEE SHEET 13 FOR THE 68 IS LOCATED ON SHEET 13 NOTE: P.O.C. AND P.O.B. FOR PARCEL 11"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50'STATE N FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 12COLLIN FM 1461 1973 01 018 N/A 18 0'25'50'100' GRAPHIC SCALE 50' 58 60 PLR.O.W. LINE NEW P.O.C. 58 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPL PL 60EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. P.O.B. R.O.W. LINE NEW PLPLPLPLPLPL LINE R.O.W. NEW P.O.C. 61 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PL PL PL PLPL R.O.W. LINE NEW P.O.B. 68 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPL = 202.95'CHORD DISTANCE = N 86°46'00" ECHORD BEARING = 2,000.00'RADIUS = 203.04'LENGTH = 101.61'TANGENT = 02°51'53"DEGREE OF CURVE = 05°49'00"DELTA = 2,505,993.18PI EASTING = 7,147,772.24PI NORTHING = 227+17.47PI STATION CENTERLINE CURVE DATA L121 N 44°51'48" E 10.99' L122 S 41°10'44" E 16.74' L123 N 48°56'51" E 15.01' L124 N 89°37'02" E 111.98' L125 S 68°11'51" E 10.76' L126 N 85°31'04" E 50.16' L127 S 01°57'47" W 9.93' L128 S 01°57'47" W 20.02' L129 S 44°43'31" W 23.49' LINE TABLE L120 N 89°41'23" E 67.35'L130 N 44°43'31" E 18.91' L131 S 45°16'29" E 30.32' L132 S 45°16'29" E 12.13' L133 N 89°45'22" E 95.99' L134 S 82°38'57" E 75.66' L135 N 44°51'48" E 31.74' L136 N 00°12'21" E 24.76' L137 N 00°07'50" E 13.92' L138 N 00°07'50" E 10.24' L139 N 00°07'50" E 10.00' LINE TABLE PL PLPL PL PL PLPL PL PL PL PLPLPL PLPL PL PLEXISTING R.O.W. NEW R.O.W. LINE 60 61 PLPL PLPLPLPLPLPLPLPLPLPLPLPLPLLS LSEXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.R.O.W.EXISTINGR.O.W.EXISTINGEXISTING R.O.W.EXISTING R.O.W. O.P.R.C.C.T. PAGE 1133 VOLUME 4923, ASSOCIATION, INC. HOMEOWNERS AMBERWOOD FARMS OWNER: ** O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 DRAINAGE EASEMENT PROPOSED O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 DRAINAGE EASEMENT PROPOSED O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 10' UTILITY EASEMENT S 89°45'22" E 582.46'PLPLPL930.97' 911.31'N 00°12'21" E 194.31'752.57' 752.57' 566.90' N 89°41'52" E CALLED 4.375 ACRES D.R.C.C.T. PAGE 289 VOLUME 484, STATE OF TEXAS P.R.C.C.T.CABINET K, PAGE 515(50' RIGHT-OF-WAY)P.R.C.C.T. CABINET K, PAGE 515 (50' RIGHT-OF-WAY)(VARIABLE WIDTH RIGHT-OF-WAY)(VARIABLE WIDTH RIGHT-OF-WAY) E=2,507,032.0370 N=7,146,298.5254 GRID COORDINATE E=2,506,995.1849 N=7,146,942.7832 GRID COORDINATE E=2,505,756.7866 N=7,146,964.4575 GRID COORDINATE E=2,505,663.7011 N=7,146,379.3138 GRID COORDINATE 67.27' RT STA 228+94.06 9,604 sf 14,874 sf 3,678 sf 30,318 sf 30,494 sf Page 278 Item 13. DENSETREES DENSETREES CONCRETE DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES DENSETREES V V V PARKING AREA V V DENSETREES PBX PBX CONCRETE DENSETREES CONCRETE PBX V DENSETREES DENSETREES V DENSETREES PARKING AREA DENSETREES DENSETREES DENSETREES DENSETREES CONCRETE CONCRETE CONCRETE V CONCRETE PBX DENSETREES V V DENSETREES CONCRETE V V PBX V DENSETREES DENSETREES CONCRETE V V V ONLYDENSETREES PBX CONCRETE DENSETREES DENSETREES PC 257+12.70 255+00 PT 250+21.04 250+00 PC 249+08.23 PT 248+08.23 PC 246+95.41 245+54.76245+00 PC 257+12.70 TOWN OF PROSPER COLLIN COUNTY APPROXIMATE CITY LIMIT LINE APPROXIMATE CITY LIMIT LINEEXTRATERRITORIAL JURISDICTION CITY OF CELINA COLLIN COUNTY CITY OF CELINA COLLIN COUNTY APPROXIMATE CITY LIMIT LINECITY LIMIT LINEAPPROXIMATECALLED 11.22 ACRES O.P.R.C.C.T. VOLUME 5358, PAGE 1583 AND WIFE, WYNELLE H. KLEBER WILLIAM M. KLEBER OWNER: CALLED 34.62 ACRES O.P.R.C.C.T. DOCUMENT NO. 20121219001618900 YOUNG LEI KIM OWNER: CALLED 2.60 ACRES O.P.R.C.C.T. DOCUMENT NO. 20090601000664970 DESCRIBED IN PR.R.C.C.T. DOCUMENT NO. PB1-0300-2012 NANCY ANN CASHON OWNER: P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 21, BLOCK A O.P.R.C.C.T. VOLUME 2016, PAGE 698 LOT 1, BLOCK A PROSPER SELF STORAGE, LOT 1, BLOCK A CALLED 4.2662 ACRES REMAINDER OF O.P.R.C.C.T. 20090127000082580 DOCUMENT NO. STORAGE, LP, PROSPER SELF OWNER: P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 10, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 8, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 9, BLOCK B P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 22, BLOCK A P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 16, BLOCK A P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 15, BLOCK A P.R.C.C.T. CABINET G, PAGE 245 COLLIN GREEN LOT 14, BLOCK A O.P.R.C.C.T. 20120813000992270 DOCUMENT NO. TINA ROBINSON BRIAN ROBINSON AND OWNER: O.P.R.C.C.T. 20170630000863510 DOCUMENT NO. PHILLIP JOHNSON OWNER: CALLED 1.172 ACRES O.P.R.C.C.T. 20190130000096120 DOCUMENT NO. QSI PARTNERS LLC OWNER: 1.321 ACRES CALLED D.R.C.C.T. PAGE 269 VOLUME 484, STATE OF TEXAS CALLED 34.62 ACRES O.P.R.C.C.T. DOCUMENT NO. 20141007001097150 NAZNAT LP OWNER: ABSTRACT NO. 412 GEORGE HORN SURVEY CALLED 1.321 ACRES D.R.C.C.T. VOLUME 484, PAGE 269 STATE OF TEXAS CALLED 0.116 ACRES D.R.C.C.T. VOLUME 484, PAGE 340 STATE OF TEXAS CALLED 0.356 ACRES D.R.C.C.T. VOLUME 484, PAGE 283 STATE OF TEXAS 3.689 ACRES CALLED D.R.C.C.T. PAGE 277 VOLUME 484, TEXAS STATE OF **EE-15 O.P.R.C.C.T. VOLUME 5858, PAGE 1 CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT **EE-19 (NO EASEMENT OF RECORD FOUND) CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT P.R.C.C.T. CABINET G, PAGE 245 40' BUILDING LINEP.R.C.C.T.CABINET K, PAGE 515(50' RIGHT-OF-WAY)MEADOW GREENO.P.R.C.C.T. VOLUME 2016, PAGE 698 16' DRAINAGE EASEMENT O.P.R.C.C.T. VOLUME 2010, PAGE 108 & UTILITY EASEMENT 25' FIRE LANE, ACCESS P.R.C.C.T. CABINET G, PAGE 245 PROSPER, TEXAS RIGHT-OF-WAY DEDICATION P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT P.R.C.C.T. CABINET G, PAGE 245 40' BUILDING LINE O.P.R.C.C.T. VOLUME 2010, PAGE 108 TOWN OF PROSPER RIGHT-OF-WAY DEDICATION O.P.R.C.C.T. VOLUME 2010, PAGE 108 & UTILITY EASEMENT 25' FIRE LANE, ACCESS O.P.R.C.C.T. VOLUME 2010, PAGE 108 DETENTION EASEMENT DRAINAGE & O.P.R.C.C.T. PAGE 698 VOLUME 2016 ACCESS EASEMENT 9' PEDESTRIAN O.P.R.C.C.T. PAGE 698 VOLUME 2016, EASEMENT WATER FM 2478 (CUSTER ROAD)FM 1461 N 89°40'30" E N 86°59'13" E S 89°46'52" E S 89°46'52" E 68 69 71 72 73 74 75 75(E) 70.00' RT STA 244+22.23 70.00' RT STA 246+95.41 IN CONCRETE SET "X" CUT 71.08' RT STA 249+78.13 WITH WASHER SET MAG NAIL 71.53' RT STA 252+72.87 80.40' RT STA 252+73.02 83.32' RT STA 255+03.58 89.15' RT STA 254+96.28 80.33' RT STA 254+87.17 155.86' RT STA 256+27.62 70.00' LT STA 256+08.63 70.00' LT STA 255+08.63 99.00' LT STA 255+37.63 99.00' LT STA 255+79.63 70.98' LT STA 249+59.42 ABSTRACT NO. 945 COLEMAN WATSON SURVEY LOT 3 LOT 2 LOT 1 PHASE I WELLSPRING ESTATES LOT 8, BLOCK C PHASE I WELLSPRING ESTATES LOT 9X, BLOCK C PHASE I WELLSPRING ESTATES LOT 7, BLOCK C PHASE I WELLSPRING ESTATES LOT 6, BLOCK C MILL POND DRIVEO.P.R.C.C.T. 20190916010003940 DOCUMENT NO. PHASE I WELLSPRING ESTATES BLOCK A 64 70 O.P.R.C.C.T. VOLUME 4772, PAGE 981 COSERV GAS, LTD 10' EASEMENT TO **EE-15 O.P.R.C.C.T. VOLUME 5880, PAGE 1 CITY OF CELINA, TEXAS & TEMPORARY CONSTRUCTION EASEMENT 25' PERMANENT ACCESS EASEMENT **EE-16 **EE-17 O.P.R.C.C.T. 20190916010003940 DOCUMENT NO. MAINTENANCE EASEMENT 5' WALL & **EE-17 PHASE I WELLSPRING ESTATES LOT 13X, BLOCK A CALLED 112.274 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER: N 89°40'30" E 889.39'S 89°46'52" E 953.97'749.40' S 89°46'52" E 26.54' S 89°46'41" E 1,202.31' O.P.R.C.C.T. 20190916010003940 DOCUMENT NO. CITY OF CELINA RIGHT-OF-WAY DEDICATION **EE-18 O.P.R.C.C.T. VOLUME 5880, PAGE 1 CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT **EE-18 & PARCEL 72 PARCEL 70 P.O.C. "CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 84.76'98.08'S 00°42'38" WO.P.R.C.C.T. VOLUME 5858, PAGE 1 CITY OF CELINA, TEXAS & TEMPORARY CONSTRUCTION EASEMENT 25' PERMANENT ACCESS EASEMENT **EE-19 250.01' P.R.C.C.T. CABINET G, PAGE 245 10' UTILITY EASEMENT 250.01' N 89°43'48" E 500.02' N 89°45'22" E 689.12' 1,007.59' L140 L141 **EE-18 "CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD 52.59' CALLED 112.274 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER: MONUMENT BEARS FOUND TXDOT TYPE I IRON ROD BEARS FOUND 1/2" L143L144L14582.00' LT STATION 246+06.96 E=2,507,883.13 N=7,147,864.46 & PARCEL 72 PARCEL 70 P.O.B. 350.00'551.38'425.92' 350.00'825.77' "GEER 4117" BEARS WITH CAP STMAPED FOUND 1/2 " IRON ROD N 00°07'50" E 192.99'IRON ROD (CM) FOUND 1/2" 70.00' RT STATION 243+72.23 E=2,507,648.49 N=7,147,711.62 PARCEL 68 P.O.B. PARCEL 68 P.O.C. IRON ROD (CM) FOUND 1/2" 500.02' N 89°40'30" E L146 & PARCEL 71 PARCEL 69 P.O.C. IRON ROD (CM) FOUND 3/8" PARCEL 73 P.O.C. 60D NAIL (CM) FOUND 140.31' S 89°46'52" EL147 25.10' N 89°43'48" E 157.45' 115.21' N 88°06'23" E 284.16'S 89°46'52" E 293.21' 112.65' 171.51' 70.00' RT STA 245+55.09 IRON ROD (CM) FOUND 1/2"136.31'N 01°09'29" WN 00°46'00" W 201.20'PARCEL 73 P.O.B. 68.91' RT STATION 248+04.29 E=2,508,083.59 N=7,147,715.84 & PARCEL 71 PARCEL 69 P.O.B. 70.00' RT STATION 245+80.20 E=2,507,855.79 N=7,147,712.56 MONUMENT (CM) FOUND TXDOT TYPE I 227.08'464.72' S 89°46'41" E 946.83' 255.03' "TX NO 3258" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD O.P.R.C.C.T. 20071203001611560 DOCUMENT NO. TOWN OF PROSPER WATER LINE EASEMENT & PARCEL 75(E) PARCEL 75 P.O.C. "TX NO 3258" (CM) WITH CAP STAMPED FOUND 5/8" IRON ROD S 89°49'01" E 269.72' WITH CAP ILLEGIBLE (CM) FOUND 5/8" IRON ROD 83.31' RT STATION 255+54.61 E=2,508,829.91 N=7,147,808.54 PARCEL 75(E) P.O.B. 71.36' RT STATION 255+42.58 E=2,508,817.93 N=7,147,719.53 PARCEL 75 P.O.B. S 89°48'00" E 214.15' L148 L149 L150 L151 L152 L153 L154L155 L156 L157 L158 L159 L160 L161 L162 L163 L164 L165 L166 L167L168L169"CORWIN ENG INC" (CM) WITH CAP STAMPED FOUND 1/2" IRON ROD ** ** **** **** ** ******** **** ** ** NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE **EE-16 CALLED 92.349 ACRES O.P.R.C.C.T. DOCUMENT NO. 20150731000953760 SUNSHINE DEVELOPMENT GROUP. LTD OWNER: CITY OF CELINA COLLIN COUNTY CALLED 3.667 ACRES D.R.C.C.T. VOLUME 484, PAGE 269 STATE OF TEXAS CALLED 2.522 ACRES D.R.C.C.T. VOLUME 484, PAGE 311 STATE OF TEXAS STATE FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 13COLLIN FM 1461 1973 01 018 N/A 1811"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50' 0'25'50'100' GRAPHIC SCALE 50' REMAINDER OF PARCELS 64 & 68 NOTE: SEE SHEET 12 FOR THE R.O.W. LINE NEW P.O.B. 68 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PLPL LINE R.O.W. NEW P.O.B. 72 PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. R.O.W. LINE NEW P.O.C. PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. PL PLPLP.O.B. 74 PL PLPLPLPL PL L140 N 88°13'01" E 78.59' L141 N 89°40'30" E 113.42' L143 N 45°13'08" E 41.01' L144 S 89°46'52" E 42.00' L145 S 44°46'52" E 41.01' L146 N 89°40'30" E 50.00' L147 N 89°40'30" E 132.20' L148 N 45°59'04" E 28.67' L149 S 42°22'43" E 16.10' L150 N 89°45'22" E 80.27' L151 S 83°00'43" E 75.17' L152 S 00°42'38" W 21.14' L153 S 00°42'38" W 15.32' L154 S 00°42'38" W 36.49' L155 N 00°07'50" E 9.76' L156 N 00°07'50" E 9.71' LINE TABLE L157 N 00°59'08" E 15.74' L158 N 00°59'08" E 9.80' L159 N 00°46'00" W 21.37' L160 S 00°44'37" E 15.03' L161 S 00°44'37" E 8.87' L162 S 45°42'19" E 12.68' L163 N 51°36'34" E 9.34' L164 S 89°48'00" E 51.03' L165 S 44°57'40" E 21.06' L166 S 44°57'40" E 16.95' L167 N 89°50'28" W 28.66' L168 N 44°57'40" W 102.93' L169 N 00°59'08" E 61.05' LINE TABLE = 112.80'CHORD DISTANCE = N 88°36'10" ECHORD BEARING = 2,000.00'RADIUS = 112.82'LENGTH = 56.42'TANGENT = 02°51'53"DEGREE OF CURVE = 03°13'55"DELTA = 2,508,027.69PI EASTING = 7,147,781.91PI NORTHING = 247+51.84PI STATION CENTERLINE CURVE DATA = 112.80'CHORD DISTANCE = N 88°36'10" ECHORD BEARING = 2,000.00'RADIUS = 112.82'LENGTH = 56.42'TANGENT = 02°51'53"DEGREE OF CURVE = 03°13'55"DELTA = 2,508,240.24PI EASTING = 7,147,793.09PI NORTHING = 249+64.65PI STATION CENTERLINE CURVE DATA = 129.09'CHORD DISTANCE = S 87°55'55" ECHORD BEARING = 2,000.00'RADIUS = 129.11'LENGTH = 64.58'TANGENT = 02°51'53"DEGREE OF CURVE = 03°41'55"DELTA = 2,509,052.89PI EASTING = 7,147,789.99PI NORTHING = 257+77.28PI STATION CENTERLINE CURVE DATA PLPLPLPLPLPLPLPLPLPL PL PL PL PL PL PL PLPL PL PL PL PL PLPLPL PLPLPLPL LS EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W. EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.FOUNTAIN PARK DRIVE EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.(90' RIGHT-OF-WAY)MCKINNEY CITY OF COLLIN COUNTY O.P.R.C.C.T. DOCUMENT NO. 20190916010003940 7.5' UTILITY EASEMENT O.P.R.C.C.T. 20190916010003940 DOCUMENT NO. 25' BUILDING LINE PL N 62 66 N 89°40'07" E 2,591.69' N 89°40'07" E 2,591.68' 1,839.85' DISK SE 3-1/4"ALUMINUM HM#E0430186 (VARIABLE WIDTH RIGHT-OF-WAY) E=2,508,121.0149 N=7,146,330.4064 GRID COORDINATE E=2,508,469.4080 N=7,146,932.6633 GRID COORDINATE E=2,507,107.5278 N=7,146,991.5187 GRID COORDINATE E=2,507,373.7077 N=7,146,215.7539 GRID COORDINATE(50' RIGHT-OF-WAY)(50' RIGHT-OF-WAY) REMAINDER OF PARCEL 74 NOTE: SEE SHEET 14 FOR THE PARCEL 64 IS LOCATED ON SHEET 12 NOTE: THE P.O.C. AND P.O.B. FOR PARCEL 74 IS LOCATED ON SHEET 14 NOTE: THE P.O.C. AND P.O.B. FOR Page 279 Item 13. DENSETREES ONLYONLYDENSETREES CONCRETE CONCRETE DENSETREES DENSETREES PBX V V DENSETREES DENSETREES V 270+00265+00 PT 260+83.91 260+00 PC 259+41.80 PT 258+41.80 PC 257+12.70 PC 257+12.70 TOWN OF PROSPER COLLIN COUNTYAPPROXIMATE CITY LIMIT LINECITY OF CELINA COLLIN COUNTY APPROXIMATE CITY LIMIT LINE APPROXIMATE CITY LIMIT LINECITY OF MCKINNEY COLLIN COUNTY CITY OF MCKINNEY COLLIN COUNTY CALLED 402,489 SQ. FT.O.P.R.C.C.T.DOCUMENT NO. 20180424000490140STATE OF TEXASPARCEL 47REMAINDER OF 1.752 ACRES O.P.R.C.C.T. DOCUMENT NO. 20130125000113620 THE NICID LIMITED PARTNERSHIP OWNER: CALLED 23,449 SQ. FT. O.P.R.C.C.T. DOCUMENT NO. 20180419000461970 PARCEL 48 STATE OF TEXAS CALLED 35.544 ACRES O.P.R.C.C.T. DOCUMENT NO. 20190624000727970 BILLINGSLY CORNELL CAPITAL, L.P. OWNER: CALLED 11,571 SQ. FT. O.P.R.C.C.T. 20180813001009980 DOCUMENT NO. PARCEL 50 STATE OF TEXAS LIS PENDENS CALLED 6,297 SQ. FT. O.P.R.C.C.T. 20180413000449590 DOCUMENT NO. PARCEL 51 STATE OF TEXAS CALLED 34.62 ACRES O.P.R.C.C.T. DOCUMENT NO. 20121219001618900 YOUNG LEI KIM OWNER: O.P.R.C.C.T. 20181114001407210 DOCUMENT NO. PARCEL 49A STATE OF TEXAS REMAINDER OF 134.44 ACRES O.P.R.C.C.T. DOCUMENT NO. 20100610000588740 HAGGARD RHEA MILLS, LLC OWNER: REMAINDER OF 134.44 ACRES O.P.R.C.C.T. DOCUMENT NO. 20100610000588740 HAGGARD RHEA MILLS, LLC OWNER: CALLED 2.376 ACRES D.R.C.C.T. VOLUME 484, PAGE 273 STATE OF TEXAS D.R.C.C.T. VOLUME 760, PAGE 574 STATE OF TEXAS EASEMENT TO 0.500 ACRES REMAINDER OF O.P.R.C.C.T. 20170607000738910 DOCUMENT NO. TRACT 4 MWE HOLDINGS, L.L.C. OWNER: REMAINDER OF 2.000 ACRES O.P.R.C.C.T. DOCUMENT NO. 20170607000738910 TRACT 3 MWE HOLDINGS, L.L.C. OWNER: ABSTRACT NO. 816 LANGDON C. SEARCY SURVEY CALLED 2.522 ACRES D.R.C.C.T. VOLUME 484, PAGE 311 STATE OF TEXAS CALLED 3.689 ACRES D.R.C.C.T. VOLUME 484, PAGE 277 STATE OF TEXAS O.P.R.C.C.T. VOLUME 5893, PAGE 9 CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT O.P.R.C.C.T. VOLUME 5893, PAGE 9 CITY OF CELINA, TEXAS & TEMPORARYCONSTRUCTION EASEMENT 25' PERMANENT ACCESS EASEMENT (VARIABLE WIDTH RIGHT-OF-WAY)FM 2478 (CUSTER ROAD)O.P.R.C.C.T. DOCUMENT NO 20180918001170760 COSERV GAS, LTD. SYSTEM EASEMENT AND RIGHT-OF-WAY NATURAL GAS DISTRIBUTION FM 2478 (CUSTER ROAD)(VARIABLE WIDTH RIGHT-OF-WAY)(90' RIGHT-OF-WAY)FM 2478 (CUSTER ROAD)FM 1461 S 89°46'52" E S 86°04'57" E N 89°50'47" E 74 77 76 78 76 127.43' RT STA 257+48.05 79.98' RT STA 257+94.99 86.32' RT STA 260+12.86 82.95' LT STA 263+58.97 ABSTRACT NO. 945 COLEMAN WATSON SURVEY S 89°46'52" E 749.40' 1,202.31' S 89°46'41" E 425.92' 825.77' & PARCEL 77 PARCEL 74 P.O.C. IRON ROD (CM) FOUND 1/2"S 00°08'06" E 157.84'84.44' LT STATION 260+33.35 E=2,509,310.43 N=7,147,859.01 & PARCEL 77 PARCEL 74 P.O.B. 323.48' 80.68'N 44°51'22" E PART 1 PART 2 MONUMENT BEARS FOUND TXDOT WOOD TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP IRON ROD (CM) FOUND 5/8" IRON ROD (CM) FOUND 5/8" TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP MONUMENT" (CM) TRANSPORTATION ROW "TEXAS DEPARTMENT OF WITH CAP STAMPED FOUND 5/8" IRON ROD MONUMENT" BEARS TRANSPORTATION ROW "TEXAS DEPARTMENT OF WITH CAP STAMPED FOUND 5/8" IRON ROD TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP N 89°50'47" E 542.76' 237.24'305.52' TRANSPORTATION ROW MONUMENT" (CM) STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP IRON ROD (CM) FOUND 1/2" IRON ROD (CM) FOUND 1/2" PARCEL 78 P.O.C. ROW MONUMENT" (CM) DEPARTMENT OF TRANSPORTATION WITH CAP STAMPED "TEXAS FOUND 5/8" IRON ROD 81.68' LT STATION 266+21.33 E=2,509,896.28 N=7,147,857.20 PARCEL 78 P.O.B. 75.41'S 45°08'32" E N 89°46'19" E 1,457.23' N 89°44'56" E 3,813.00' N 89°50'53" E 423.87' TRANSPORTATION ROW MONUMENT" STAMPED "TEXAS DEPARTMENT OF FOUND 5/8" IRON ROD WITH CAP IRON ROD (CM) FOUND 5/8" MONUMENT" (CM) TRANSPORTATION ROW "TEXAS DEPARTMENT OF WITH CAP STAMPED FOUND 5/8" IRON ROD PARCEL 76 PART 1 P.O.C. ROW MONUMENT" (CM) DEPARTMENT OF TRANSPORTATION WITH CAP STAMPED "TEXAS FOUND 5/8" IRON ROD 85.00' RT STATION 263+73.07 E=2,509,648.47 N=7,147,689.86 PARCEL 76 PART 1 P.O.B. S 84°54'26" E 219.09' N 89°50'47" E 363.26'73.47'N 45°08'38" W65.05'N 45°03'56" EN 89°50'47" E 561.41' PARCEL 76 PART 2 P.O.C. ROW MONUMENT" (CM) DEPARTMENT OF TRANSPORTATION WITH CAP STAMPED "TEXAS FOUND 5/8" IRON ROD 73.29' RT STATION 266+44.73 E=2,509,920.09 N=7,147,702.30 PARCEL 76 PART 2 P.O.B. 87.23'N 44°51'22" E N 89°46'19" E 1,434.03' N 89°50'47" E 408.91' N 89°44'56" E 3,810.57' L170 L171 L172L173L174L177L178L179818.37' 1,472.51 ** ** ** **** ** ** ** NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE NEW R.O.W. LINE (NO EASEMENT OF RECORD FOUND) CITY OF CELINA, TEXAS WATER LINE EASEMENT 15' PERMANENT 2.920 ACRES CALLED D.R.C.C.T. VOLUME 760, PAGE 577 STATE OF TEXAS ABSTRACT NO. 412 GEORGE HORN SURVEY 11"x17" SCALE: 1" = 100' 22"x34" SCALE: 1" = 50'STATE N FED. RD. DIV. NO. DISTRICT NO. HIGHWAY NO. SHEET NO. STATE FEDERAL AID PROJECT NO. CONTROL NO. SECTION NO. JOB NO. 6 TEXAS COUNTY 14COLLIN FM 1461 1973 01 018 N/A 18 0'25'50'100' GRAPHIC SCALE 50' R.O.W. LINE NEW P.O.C. EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. 74 PL PLPLPLPL PL R.O.W. LINE NEW P.O.C. 76 EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W.EXISTING R.O.W.P.O.B. PART 1 R.O.W. LINE NEW P.O.B. EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.C. 76 PART 2 PL PLR.O.W. LINE NEWP.O.C. 78EXISTING R.O.W.PARENT TRACT INSERT (NOT TO SCALE) EXISTING R.O.W. P.O.B. PL PLL170 N 44°50'47" E 20.98' L171 S 00°08'06" E 20.06' L172 N 44°51'22" E 25.40' L173 S 45°08'32" E 30.64' L174 S 45°09'07" E 18.76' L177 S 45°08'38" E 28.33' L178 N 44°51'22" E 18.85' L179 N 44°50'47" E 23.62' LINE TABLE = 129.09'CHORD DISTANCE = S 87°55'55" ECHORD BEARING = 2,000.00'RADIUS = 129.11'LENGTH = 64.58'TANGENT = 02°51'53"DEGREE OF CURVE = 03°41'55"DELTA = 2,509,052.89PI EASTING = 7,147,789.99PI NORTHING = 257+77.28PI STATION CENTERLINE CURVE DATA = 142.08'CHORD DISTANCE = S 88°07'05" ECHORD BEARING = 2,000.00'RADIUS = 142.11'LENGTH = 71.08'TANGENT = 02°51'53"DEGREE OF CURVE = 04°04'16"DELTA = 2,509,288.00PI EASTING = 7,147,773.89PI NORTHING = 260+12.89PI STATION CENTERLINE CURVE DATA LS LSPLPLPL EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W. EXISTING R.O.W. R.O.W. EXISTING EXISTING R.O.W. EXISTING R.O.W. R.O.W. EXISTING EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.EXISTING R.O.W.(VARIABLE WIDTH RIGHT-OF-WAY) E=2,510,004.1602 N=7,146,304.1251 GRID COORDINATE E=2,508,656.9648 N=7,146,315.8804 GRID COORDINATE E=2,508,655.6786 N=7,147,057.7054 GRID COORDINATE E=2,510,017.0794 N=7,146,970.3868 GRID COORDINATE AND 78 REMAINDER OF PARCELS 76 PART 2 NOTE: SEE SHEET 15 FOR THE REMAINDER OF PARCEL 74 NOTE: SEE SHEET 13 FOR THE Page 280 Item 13. Page 1 of 2 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 27, 2021 Agenda Item: Consider and act upon awarding RFP No. 2021-35-B Construction Manager-At-Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) to Pogue Construction Co., LP; and authorizing the Town Manager to execute documents for the same Description of Agenda Item: On February 23, 2021, the Town Council approved an agreement with Brown Reynolds Watford Architects (BRW) for the architectural and engineering design services for the Public Safety Complex Phase 2 (Central Fire Station and Fire Administration). BRW requested that the Town select a Construction Manager-At-Risk (CMAR) no later than May 2021, in order to maximize the benefits of pre-construction services early in the design process. On March 22, 2021, at 2:00 PM, seven proposals were received for the Construction Manager-At- Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration). The project was advertised using the Construction Manager-At-Risk alternative construction method to award the project to the contractor that offers the best value proposal based on the following criteria: • Overall Ability to Meet Town Objectives (10%) • Experience with Similar Facility Construction (20%) • Qualifications of Project Personnel (20%) • References (10%) • Cost Proposal (40%) Utilizing the construction budget of $14,300,000.00 for evaluation purposes, the cost proposals ranged between $862,944.56 and $1,190,284.10. The Pre-Construction Services fee and the General Conditions Cost fee are hard costs. The CMAR fee is a percentage of the construction cost, so the actual amount is unknown until design is complete, the CMAR bids out the trades, and a Guaranteed Maximum Price is negotiated. Prosper is a place where everyone matters. FIRE DEPARTMENT Page 281 Item 14. Page 2 of 2 One proposal was deemed non-responsive due to submission of an incomplete General Conditions Cost Worksheet. The remaining proposals were evaluated by the evaluation committee. The evaluation committee was comprised of 11 members representing Fire, Police, Development Services, Administrative Services, Building Inspections, Information Technology, and the Town’s contracted architect for this project. Upon completion of the evaluation, Pogue Construction Co., LP, was the top-ranked contractor. Pogue Construction Co., LP, was previously selected as the Town’s CMAR for the construction of Fire Station No. 2, Town Hall, and the Police Department and Dispatch Facility. They have extensive fire administration/station construction experience, and staff received favorable responses from references. Budget Impact: The entire project budget is $18,000,000.00. The professional services budget for this project is $1,605,000.00. The Pre-Construction Services fee is $20,000.00 and will be funded from Professional Services Account No. 750-5410-10-00-2109-FC in FY 21. The construction budget for this project is $14,300,000.00. The General Conditions Cost fee is $629,874.56 and the CMAR Fee is 1.49% of construction costs. These fees will be included as part of the Guaranteed Maximum Price Amendment funded from Construction Account No. 750- 6610-10-00-2112-FC in FY 22 when the Amendment is negotiated. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the AIA construction documents as to form and legality. Attached Documents: 1. Evaluation Matrix 2. AIA Document A133-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor 3. Addendum to AIA Document A133-2009 4. AIA Document A201-2007 General Conditions of the Contract for Construction 5. Addendum to AIA Document A201-2007 Town Staff Recommendation: Town staff recommends awarding RFP No. 2021-35-B Construction Manager-At-Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) to Pogue Construction Co., LP; and authorizing the Town Manager to execute documents for the same. Proposed Motion: I move to award RFP No. 2021-35-B Construction Manager-At-Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) to Pogue Construction Co., LP; and authorize the Town Manager to execute documents for the same. Page 282 Item 14. RFP NO. 2021-35-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Overall Ability to Meet Town's Objectives 10%5.73 0.57 9.05 0.90 7.32 0.73 6.64 0.66 9.18 0.92 4.82 0.48 Experience with Similar Facility Construction 20%5.64 1.13 9.00 1.80 7.09 1.42 5.55 1.11 9.00 1.80 3.64 0.73 Qualifications of Project Personnel 20%6.36 1.27 8.91 1.78 7.18 1.44 6.09 1.22 8.77 1.75 4.09 0.82 References 10%1.00 0.10 9.00 0.90 8.00 0.80 9.00 0.90 9.50 0.95 5.00 0.50 Cost Proposal 40%7.62 3.05 7.25 2.90 8.31 3.33 7.80 3.12 10.00 4.00 7.84 3.14 TOTAL 100%6.12 8.29 7.71 7.01 9.42 5.66 TEGRITY CONTRACTORS CONSTRUCTION MANAGER-AT-RISK FOR PUBLIC SAFETY COMPLES PHASE 2 (CENTRAL FIRE STATION AND FIRE ADMINISTRATION) POGUE CONSTRUCTION CO., LP CROSSLAND CONSTRUCTION COMPANY, INC. EVALUATION MATRIX AUI PARTNERS, LLC CORE CONSTRUCTION SERVICES OF TEXAS, INC. 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