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08.09.22 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. Notice Regarding Public Participation Welcome to the Prosper Town Council. Individuals may attend the 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/87189889684 To join the meeting by phone, dial (346) 248-7799 Enter Meeting ID: 871 8988 9684 Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town website or in Council Chambers. If you are attending in person, please submit this form to the Town Secretary prior to the meeting. When called upon, please come to the podium and state your name and address for the record. If you are attending online/virtually, please submit this form to the Town Secretary prior to 5:00 p.m. on the day of the meeting. Please ensure your full name appears on the screen and you are unmuted so the meeting moderator can recognize you and allow you to speak. The Chat feature is not monitored during the meeting. The Town assumes no responsibility for technical issues that are beyond our control. 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. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 1. Consider and act upon the minutes of the July 26, 2022, Town Council meeting. (MLS) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, August 09, 2022 5:45 PM Page 1 Page 2 of 4 2. Consider and act upon the minutes of the July 26, 2022, Town Council Work Session meeting. (MLS) 3. Consider and act upon a resolution approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2022 rate review mechanism filing. (BP) 4. Consider and act upon a resolution authorizing the Mayor to execute a Joint Administrative Agreement with Denton County for the Community Development Block Grant (CDBG) three year program for fiscal year 2023, 2024, and 2025. (MLS) 5. Consider and act upon authorizing the Mayor to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Public Works and Parks and Recreation Facility Master Plan project. (FJ) 6. Consider and act upon awarding CSP No. 2022-44-B to American Landscape Systems, related to construction services for the Coleman Street Median Landscaping (Victory-Preston) and the Prosper Trail Median Landscaping (DNT-700’ East) project; and authorizing the Mayor to execute a construction agreement for same. (HW) 7. Consider and act upon an ordinance to rezone Planned Development-86 (PD-86) to Planned Development-114 (PD-114), on 277.6± acres, to amend the single-family residential regulations, located on the north side of US 380, west of Custer Road. (Z22- 0005). (DS) 8. Consider and act upon authorizing the Mayor execute a Development Agreement between 104 Prosper, 310 Prosper, Prosper Hollow LP & Paramount Soft LP, DD Brookhollow LLC, 55 Prosper and the Town of Prosper, Texas, related to Rutherford Creek development, located on the north side of US 380, west of Custer Road. (DS) 9. Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Day Care Center (Grace Chapel), on 5.4± acres, located on the southeast corner of FM 1385 and Denton Way. (S22-0005). (DS) 10. Consider and act upon authorizing the Mayor to execute a Development Agreement between North Texas Conference of the United Methodist Church, and the Town of Prosper, Texas, related to the Grace Chapel Prosper development, located on the southeast corner of FM 1385 and Denton Way. (DS) 11. Consider and act upon an ordinance to amend Planned Development-93 (PD-93), on 0.8± acres, located on the southwest corner of Broadway Street and Preston Road, in order to allow for a restaurant with drive-through services. (Z22-0006). (DS) 12. Consider and act upon authorizing the Mayor to execute a Development Agreement between SCSD-FINNELL, LTD, and the Town of Prosper, Texas, related to the Black Rifle Coffee development, located on the southwest corner of Broadway Street and Preston Road. (DS) 13. Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development. (S22-0006). (DS) Page 2 Page 3 of 4 14. 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 Plans and Preliminary Site Plans, including Mav Addition, Grace Chapel (Site Plan) & Grace Chapel (Preliminary Site Plan). (DS) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins. 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: 15. Submission of the FY 2022-2023 Proposed Budget and Budget Message. (BP) 16. Consider and act upon scheduling a public hearing on the FY 2022-2023 proposed Budget. (BP) 17. Consider and act upon scheduling a public hearing for the FY 2022-2023 proposed tax rate. (BP) 18. Consider accepting submission of the 2022 no-new-revenue tax rate of $0.438227 per $100 taxable value and the voter-approval tax rate of $0.527336 per $100 taxable value. (BP) 19. Consider and act upon a proposed FY 2022-2023 property tax rate. (BP) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider 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. Adjourn. Page 3 Page 4 of 4 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, August 5, 2022, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE 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 2 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 5:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Council Members Absent: Councilmember Charles Cotten Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Robyn Battle, Executive Director of Community Services Hulon Webb, Interim Executive Director of Development and Infrastructure Services Bob Scott, Executive Director of Administrative Services Dan Heischman, Assistant Director of Engineering Services David Soto, Planning Manager Pamela Clark, Business System Analyst Doug Kowalski, Police Chief Items for Individual Consideration 1. Discuss First Street name change. (HJ) Mr. Jefferson introduced this item by presenting estimated costs associated with the name change along with those that would be impacted. If the Council desires to pursue, the Town will work with Denton County in communicating the change with an ordinance to be brought before the Town Council in the fall. The consensus of the Town Council was to move forward with this item. 2. Discuss drive-through restaurants. (DS) Mr. Soto presented an overview of the Town’s current Conditional Development Standards associated with restaurants along with locations of where a drive-thru is permitted through the approval of a Specific Use Permit (SUP). Mr. Soto noted that some Planned Developments have policies limiting the maximum number by right on certain streets and not allowing a drive-thru to be located on the same lot next to each other. In addition, the MINUTES Prosper Town Council Work Session Prosper Town Hall – Executive Conference Room 250 W. First Street, Prosper, Texas Tuesday, July 26, 2022 Page 5 Item 1. Page 2 of 2 Tollway Design Guidelines references the queuing lanes and maximum number of drive- thru restaurants permitted for every five acres on a PD development plan. The Town Council discussed several items relating to a drive-thru including location of placement, proximity to others or if they are contiguous, impacts on traffic flow and/or congestion, and stacking within the queuing lanes. The consensus of the Town Council was to pursue expanding the conditions with a SUP to include banks, carwashes, and dry cleaners, updating the Town’s standards within the Zoning Ordinance, as well as the Tollway Design guidelines. 3. Discuss bike lanes and routes. (DB/HW) Mr. Baker presented on this topic as is it relates to the Parks and Recreation Department and how the Hike and Bike Master Plan guides their future trail development. Mr. Webb presented on-street bikeway options the Town can use to address cyclists who use the roads versus trails. The Town Council requested staff to designate bike routes/roads and places to post signs indicating bikes may use full lane as well as reaching out to local affiliates and/or cycling clubs to assist in providing direction. 4. Discuss the Community Engagement Committee (CEC) as a standing Committee. (RB) Ms. Battle presented the current structure of the CEC and a proposed structure, which would mirror the current eligibility, application, and appointment process followed by the Town’s Board and Commission policy, as well as the Open Meetings Act. The Town Council consensus was to move forward on making the CEC a standing committee. Adjourn. The meeting was adjourned at 5:58 p.m. These minutes approved on the 9th day of August 2022. APPROVED: Jeff Hodges, Mayor Pro-Tem ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 1. Page 1 of 10 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Council Members Absent: Councilmember Charles Cotten Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Robyn Battle, Executive Director of Community Services Hulon Webb, Engineering Services Director David Soto, Planning Manager Betty Pamplin, Finance Director Leigh Johnson, IT Director Todd Rice, Communications Manager Frank Jaromin, Public Works Director Dan Baker, Parks and Recreation Director Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Jim Lugar with Life Journey Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Kern made the following announcements: Join us for the next Discover Downtown event series on Saturday, September 24 for a Moonlight Movie featuring the family film “Encanto”, which was previously rescheduled from August 13 due to the extreme heat conditions. The event kicks off with strolling movie characters, lawn games, balloon artists, shaved ice, and popcorn. Games will open at 7:00 p.m. with movie beginning at 8:30 p.m. For more information, visit the events page from the homepage of the Town’s website. MINUTES Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, July 26, 2022 Page 7 Item 2. Page 2 of 10 Join us for “Celebrate Prosper” on Saturday, October 8 at Frontier Park. This fun community celebration will feature live music and BBQ. The event is presented by the Parks and Recreation Department with support of Sponsors and community partners. For more information, visit the events page from the homepage of the Town’s website. Applications are now being accepted through Tuesday, August 2 to serve on a Town’s Board and/or Commission. More information about the Board and Commission application process, including an online application form, is available on the Town website. The Town of Prosper will host an informational Town Hall Meeting on Thursday, August 18, from 6:00-8:00 p.m. at Rock Creek Church, located at 2860 Fishtrap Road in Prosper. Residents will hear presentations from Town staff and representatives from NTTA and TxDOT on road projects that impact the west side of Prosper. Also on the agenda is an update from Parks & Recreation on the Town’s recent purchase of 163 acres of parkland along Doe Branch Creek. More details are available on the Town website and Facebook page. Councilmember Ray thanked Linebarger for supporting the Lovepacs fundraiser benefiting children in Prosper. Mayor Bristol thanked all those who came out for the Discover Downtown Fun in the Sun event. Presentations. 1. Recognize the Town Secretary’s Office with the Texas Municipal Clerks Achievement of Excellence Award. (MLS) Tina Stewart, City Secretary of the City of The Colony and Irma Parker, City Secretary of the Town of Addison presented the award to Ms. Lewis Sirianni. 2. Receive an update from the Town Secretary’s Office. (MLS) Ms. Lewis Sirianni presented an update which included the organizational structure of the department, achievements and accomplishments over the past year, current challenges, and trends the office is seeing, and upcoming projects and tasks for the 2022-2023 fiscal year. 3. Receive an update from the Police Department on the recent Active Shooter Training. (DK) Chief Kowalski provided an overview of the recent training that was done at Prosper High School including the exercises that were and were not done, the operational elements of the training, and an overview of all those involved that made the training possible. 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. 4. Consider and act upon the minutes of the June 28, 2022, Town Council meeting. (MLS) 5. Consider and act upon the minutes of the June 28, 2022, Town Council Work Session meeting. (MLS) Page 8 Item 2. Page 3 of 10 6. Consider and act upon the minutes of the July 11, 2022, Town Council Work Session meeting. (MLS) 7. Consider and act upon the minutes of the July 12, 2022, Town Council Budget Work Session meeting. (MLS) 8. Receive the May financial report. (BP) 9. Consider and act upon approving amendments to the Town’s Financial Policies. (RBS) 10. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the FM 1461 12-inch Water Line Relocation project. (HW) 11. Consider and act upon authorizing the Town Manager to execute Contract Amendment No. 2 to the Professional Engineering Services Agreement between Garver, LLC., and the Town of Prosper, Texas, related to the design of the First Street (DNT – Coleman) project. (HW) 12. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Lowry Property Advisors, LLC (LPA)., and the Town of Prosper, Texas, related to appraisal services for the First Street (DNT – Coleman) project. (HW) 13. Consider and act upon authorizing the Town Manager to execute a Personal Services Contract between McCarthy Right of Way Partners, LLC., and the Town of Prosper, Texas, related to property acquisition services for the First Street (DNT – Coleman) project. (HW) 14. Consider and act upon approving the purchase of pavement and asset data collection services from Infrastructure Management Services (IMS), through the Texas Local Government Purchasing Cooperative; and authorize the Town Manager to execute documents for the same. (FJ) 15. Consider and act upon awarding CSP No. 2022-01-A to CivicPlus, LLC, for website design and development services, and authorizing the Town Manager to execute same. (RB) 16. Consider and act upon Resolution No. 2022-34 authorizing the Town Manager to execute an Advance Funding Agreement for the TXDOT Green Ribbon Program Project Landscape Improvements On-System between the Texas Department of Transportation and the Town of Prosper, Texas, related to the Green Ribbon Project along US 380 from Lovers Lane to Mahard Parkway. (PN) 17. Consider and act upon approving the purchase of one (1) Winsted Custom Conference and Emergency Operations Center Table from Ford AV, through the Texas Local Government Purchasing Cooperative. (SB) 18. Consider and act upon the purchase of Fire Hose Nozzles and Fittings for two new fire apparatus (Pumper Engine & Quint) from Metro Fire Apparatus Specialist, Inc. through the Texas Local Government Purchasing Cooperative. (SB) Page 9 Item 2. Page 4 of 10 19. Consider and act upon Ordinance No. 2022-35 establishing a no parking zone on Prince William Lane from Coleman Street to Highbridge Lane. (HW) 20. Consider and act upon Ordinance No. 2022-36 establishing a no parking zone on Meadowbrook Boulevard from Coit Road to Foxfield Court. (HW) 21. Consider and act upon Ordinance No. 2022-37 amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. (HW) 22. Consider and act upon Ordinance No. 2022-38 amending the Zoning Ordinance, Chapter 3, Section 1.3 Schedule of Uses, Chapter 3, Section 1.4 Conditional Development Standards, and Chapter 3, Section 2.2 Definitions, to include “Food Pantry”, in the Agricultural, “A,” zoning district. (MD22-0005). (DS) 23. Consider and act upon a Site Plan and Façade Plan for a Limited Service Hotel, on 1.8± acres, located on the west side of Mahard Parkway, south of Prairie Drive. The property is zoned Planned Development-101 (PD-101). (D22-0031). (DS) 24. Consider and act upon Ordinance No. 2022-39 to rezone a portion of Planned Development-36, and a portion of Planned Development-63, to Planned Development (PD) for Legacy Gardens, on 121.4± acres, in order to modify the residential development standards, including but not limited to reducing permitted lot sizes, located on the south side of Frontier Parkw ay, west of Dallas Parkway. (Z20-0019). (DS) 25. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Risland Prosper 221 LLC and the Town of Prosper, Texas, related to the Legacy Gardens development, located on the south side of Frontier Parkway, west of Dallas Parkway. (DS) 26. 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 Plans and Preliminary Site Plans, including Ladera Amenity Center, DISD Middle School, Windsong Vet Clinic, 102 E. Broadway, Gates of Prosper Phase 3, Prosper Counseling, and Star Trail Amenity Center. (DS) Councilmember Bartley requested to pull item #15. Councilmember Ray made a motion to approve consent agenda items 4 thru 14 and items 16- 26. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was unanimously approved. Councilmember Bartley asked in regard to item #15, what the timeline for completion would be and if the staff planned on engaging with the citizens for feedback. Ms. Battle replied it would take approximately seven months to complete, and currently the consultants will be training staff, which is built into the agreement, but would explore the citizen engagement. Councilmember Bartley made a motion to approve consent agenda item #15. Councilmember Ray seconded that motion, and the motion was unanimously approved. Page 10 Item 2. Page 5 of 10 CITIZEN COMMENTS Dustin Staiger, 620 Evening Sun Drive, expressed concerns regarding access between Frontier Park and Lakes of Prosper. He also requested that security bollards be put into place that could be removed for emergency access vehicles to deter other vehicles from using as a cut through. Kenneth Holloway, 811 Long Valley, encouraged the Town Council to not use the access between Frontier Park and Lakes of Prosper as a public access. He also requested the Town Council to consider a reciprocity lending agreement for the Public Library. Jack Dixon, 810 Long Valley Court, expressed his concerns regarding the access between Frontier Park and Lakes of Prosper noting the safety for the neighborhood. Cory Bray, 1540 Kingsbridge Lane, asked the Town Council to consider amending the Town Ordinance to reflect the use of a green boxwood hedge used to screen along the iron wood fence. He expressed his concerns of privacy and being allowed to use a natural screening. Items for Individual Consideration: 27. Conduct a public hearing and consider and act upon a request to rezone 5.7± acres from Office (O) to Planned Development-Office (PD-O), located on the west side of Mahard Parkway, south of Prairie Drive, specifically to allow for a limited- service hotel. (Z22-0002) (DS) Mr. Soto stated the purpose of this request is to rezone from Office (O) to Planned Development-Office (PD-O). The applicant is proposing two modifications to include the addition of a limited-service hotel as a permitted use and allowing the utility easement to overlap required landscape setbacks, buffers, and easements. In addition, the applicant has agreed to enter into a development agreement regarding Exhibit F, which reflects the exterior elevations. Mr. Soto also noted the proposed landscaping meets the requirements of the Zoning Ordinance. Staff is recommending approval. Matt Moore of ClayMoore Engineering, representing the applicant, stated they are requesting approval for this project. The Town Council discussed and requested the applicant to add a little more stone or brick to the building, as well as additional landscaping around the pool. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Mayor Pro-Tem Hodges made a motion to approve a request to rezone 5.7± acres from Office (O) to Planned Development-Office (PD-O), located on the west side of Mahard Parkway, south of Prairie Drive, specifically to allow for a limited-service hotel. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was unanimously approved. 28. Conduct a public hearing and consider and act upon a request to amend Planned Development-93 (PD-93), on 0.8± acres, located on the southwest Page 11 Item 2. Page 6 of 10 corner of Broadway Street and Preston Road, in order to allow for a restaurant with drive-through services. (Z22-0006) (DS) Mr. Soto stated the purpose of this request is to amend Planned Development-93 (PD- 93) to allow for a restaurant with drive-through services. The applicant is requesting a change in the layout changing the initial proposed retail building on Lot 3 to a 2,600 sq. ft. restaurant with drive-through services. Mr. Soto also noted the proposed landscaping meets the minimum standards as well as provides additional landscaping based on the Town’s Zoning Ordinance. Staff recommends approval. The Town Council asked what the primarily building material is, how many vehicles can stack, and if the use will have dining inside of the building. Matt Moore of ClayMoore Engineering, representing the applicant responded the building material is primarily brick, and five vehicles can stack, and there will be dining space similar to other like businesses. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Mayor Pro-Tem Hodges made a motion to approve a request to amend Planned Development-93 (PD-93), on 0.8± acres, located on the southwest corner of Broadway Street and Preston Road, in order to allow for a restaurant with drive-through services. Councilmember Ray seconded that motion, and the motion was unanimously approved. 29. Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development. The property is zoned Planned Development-10 & Specific Use Permit 38 (PD-10 & S-38). (S22-0006). (DS) Mr. Soto stated the purpose of this request is to amend the SUP to expand the square- footage of the building to 6,050 sq. ft. for a retail and restaurant with drive-through services. Mr. Soto noted per the Town’s Zoning Ordinance, any increase in building square footage from its size on the approved SUP should be more than ten percent (10%). Any other enlargements shall require the re-approval of the SUP. The landscaping meets the minimum standards of the Town’s Zoning Ordinance. Staff recommends approval. The Town Council questioned why the amendment is being done so soon after the approval in November 2022 as well as addressing the concerns of pass through near the drive-through location. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. The Town Council discussed the development and their desire to see the development as a whole in order to have a bigger picture. They also expressed concerns about the Page 12 Item 2. Page 7 of 10 congestion at the intersection but noted the liking to the enhancements being done and the more natural flow and location of the building. Scott Norris, the applicant, stated they added more landscaping, dine-in capabilities, and parking to the rear of the building. They are designing spaces specifically for users. He noted the continual working with staff regarding the development and believes the Town Council will have a better overall picture with their next submittal. Councilmember Ray made a motion to approve a request for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development. The property is zoned Planned Development-10 & Specific Use Permit 38 (PD-10 & S-38). Councilmember Bartley seconded that motion. Motion ties with a 3 to 3 vote. Mayor Pro-Tem Hodges, Deputy Mayor Pro-Tem Andres, and Councilmember Kern voting in opposition. Councilmember Bartley made a motion to table a request for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development. The property is zoned Planned Development-10 & Specific Use Permit 38 (PD-10 & S-38) to the August 23, 2002, Town Council meeting. Mr. Norris commented that this piece of the development is a better concept and understands the desire of the Town Council to have a better overall concept before moving forward. However, he believes this piece is as good as it gets. Deputy Mayor Pro-Tem asked when they will see a more organized plan. Mr. Norris replied he does not have a direct date but assured they will see the complete plan at the next submittal. Motion dies due to no second on the floor. Councilmember Ray made a motion to approve a request for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development. The property is zoned Planned Development-10 & Specific Use Permit 38 (PD-10 & S-38). Councilmember Bartley seconded that motion. Motion passes was a 4 to 2 vote. Mayor Pro-Tem Hodges and Councilmember Kern voting in opposition. 30. Conduct a public hearing and consider and act upon a request to rezone 42.3± acres from Planned Development-38 (PD-38) to Planned Development-Mixed Use, located on the north side of 380, west of Lakewood Drive, in order to allow for a mixed-use development, including multifamily, hotel, office, retail and related uses. (Z22-0004) (DS) Mr. Soto stated the purpose of this request is to rezone 42 acres of PD-38 to create a planned mixed-use development which will include commercial, retail, professional, and medical office uses on Lots 1, 2, and 3, and multi-family residential on Lots 4 and 5x. Concerns by staff include density due to the additional units being requested, the decrease in parking spaces, and the building not being consistent with the Town’s design and development standards. Staff does not recommend approval. Mr. Kattner and Ms. Savera, representing the applicant presented an overview of the project outlining components and design elements of the office, retail, hotel, and residential, as well as the multi-family amenities, and improvements made based on feedback received from the Planning and Zoning Commission. Page 13 Item 2. Page 8 of 10 Mayor Bristol opened the public hearing. Dhumil Zaveri, Managing Partner of the Solana Capital Group, stated he is in favor of the proposed request and believes it is a great location. Lance VanZant, representing the NRP Group, stated he is in favor of the request and believes it will reflect the quality that is being presented. Mayor Bristol closed the public hearing. The Town Council discussed their concerns about the location, multi-family being used on this tract, lack of parking and open space component(s). Councilmember Bartley made a motion to deny a request to rezone 42.3± acres from Planned Development-38 (PD-38) to Planned Development-Mixed Use, located on the north side of 380, west of Lakewood Drive, in order to allow for a mixed-use development, including multifamily, hotel, office, retail and related uses. Councilmember Kern seconded that motion, and the motion was unanimously approved. 31. Consider and act upon Resolution No. 2022-40 of the Town Council of the Town of Prosper, Texas, declaring the necessity to acquire certain properties for right- of-way, street easements, water easements, and drainage easements for the construction of the First Street (DNT – Coleman) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. (HW) Mr. Webb stated the Town is in the process of developing engineering plans for the construction of the First Street (DNT-Coleman) project. Staff has identified 22 of the 29 properties to be affected. Staff is requesting authorization to pursue acquisiti on by eminent domain if standard negotiations are unsuccessful. Councilmember Ray asked the what the timeframe of execution would be. Mr. Webb replied that it would be approximately three to four months and the Town would conduct a study on the roundabout. Deputy Mayor Pro-Tem Andres made a motion to approve a Resolution No. 2022-40 of the Town Council of the Town of Prosper, Texas, declaring the necessity to acquire certain properties for right-of-way, street easements, water easements, and drainage easements for the construction of the First Street (DNT – Coleman) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute Page 14 Item 2. Page 9 of 10 condemnation proceedings to acquire the property if purchase negotiations are not successful. Mayor Pro-Tem Hodges seconded that motion. Councilmember Ray – Aye Councilmember Bartley – Aye Mayor Pro-Tem Hodges – Aye Mayor Bristol – Aye Deputy Mayor Pro-Tem Andres – Aye Councilmember Kern – Aye Motion passes unanimously. 32. Consider all matters incident and related to the issuance and sale of “Town of Prosper, Texas General Obligation Bonds, Series 2022”, including the adoption of Ordinance No. 2022-41 authorizing the issuance of such bonds and establishing procedures and delegating authority for the sale and delivery of such bonds. (BP) Jason Hughes, First Southwest Securities, stated the following parameters ordinance will delegate authority to the Executive Director of Administrative Services and the Finance Director to complete the final pricing of the debt for an amount not to exceed $34,000,000 at a maximum interest rate of 5.00%, and with a final maturity of August 15, 2042. The anticipated sale will occur the week of August 15, 2022. Mayor Pro-Tem Hodges made a motion to adopt Ordinance No. 2022-41 authorizing the issuance and sale of “Town of Prosper, Texas General Obligation Bonds, Series 2022”, and approving all other matters related thereto. Councilmember Bartley seconded that motion, and the motion was unanimously approved. 33. Consider adoption of Resolution No. 2022-42 directing publication of notice of intention to issue certificates of obligation for the purpose of funding costs associated with the construction of water and wastewater improvements in the Town. (BP) Jason Hughes, First Southwest Securities, stated this is the first step related to the requirements of state law directing publication of notice of intention to issue certificates of obligation through a competitive or negotiated sale for an amount not to exceed $13,7000,000 at a maximum interest rate of 4.34% with a final maturity of August 15, 2042. Mayor Pro-Tem Hodges made a motion to approve Resolution No. 2022-42 directing publication of notice of intention to issue certificates of obligation for the purpose of funding costs associated with the construction of water and wastewater improvements in the Town. Councilmember Ray seconded that motion, and the motion was unanimously approved. 34. Consider and act upon adopting the Downtown Master Plan. (MM) The Town Council discussed the importance of the plan as a guideline and a commitment to making the plan a “living and breathing” document. The Town Council also requested a future Downtown Committee with defined scope of duties. Page 15 Item 2. Page 10 of 10 Councilmember Bartley made a motion to approve adopting the Downtown Master Plan. Councilmember Kern seconded that motion, and the motion was unanimously approved. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. The Town Council requested the following items for future discussion: mesh screening, a Downtown Committee, non-profit grants, and street cleaning. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.076 – To deliberate the deployment of specific occasions for implementation of security personnel or devices at Town Hall. The Town Council recessed into Executive Session at 9:14 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 9:53 p.m. No action was taken. Adjourn. The meeting was adjourned at 9:54 p.m. These minutes approved on the 9th day of August 2022. APPROVED: Jeff Hodges, Mayor Pro-Tem ATTEST: Michelle Lewis Sirianni, Town Secretary Page 16 Item 2. Page 1 of 2 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Robert B. Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon a resolution approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2022 rate review mechanism filing. Description of Agenda Item: The Town of Prosper, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2022, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2021, entitled it to additional system-wide revenues of $141.3 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $115 million, $83.26 million of which would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $95.8 million instead of the claimed $141.3 million. The Executive Committee recommends a settlement at $115 million. The Effective Date for new rates is October 1, 2022. ACSC members should take action approving the Resolution before September 30, 2022. Atmos generated proof that the rate tariffs attached to the resolution will generate $115 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. Prosper is a place where everyone matters. FINANCE Page 17 Item 3. Page 2 of 2 The impact of the settlement on average residential rates is an increase of $4.60 on a monthly basis, or 6.7 percent. The increase for average commercial usage will be $14.34 or 4.34 percent. Atmos provided bill impact comparisons containing these figures. ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2022, ACSC residents will maintain a slight economic monthly advantage over GRIP and DARR rates. The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $141.3 million in additional system-wide revenues, the RRM settlement at $115 million for ACSC Cities reflects substantial savings to ACSC Cities. Settlement at $115 million is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before September 30, 2022. New rates become effective October 1, 2022. Legal Obligations and Review: Thomas Brocato, ACSC ‘s general counsel prepared the attached resolution. Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution 2. Resolution Attachment 1 Rate Tariffs 3. Resolution Attachment 2 Pension and Retiree Medical Benefits Benchmarks Town Staff Recommendation: Town staff recommends approval of the resolution approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2022 rate review mechanism filing. Proposed Motion: I move to approve the resolution approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2022 rate review mechanism filing. Page 18 Item 3. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2022-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2022 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the Town of Prosper, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in 2018; and WHEREAS, on or about April 1, 2022, Atmos Mid-Tex filed its 2022 RRM rate request with ACSC Cities based on a test year ending December 31, 2021; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2022 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $115 million applicable to ACSC Cities with an Effective Date of October 1, 2022; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and Page 19 Item 3. Resolution No. 2022-xx, Page 2 WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 That the findings set forth in this Resolution are hereby in all things approved. SECTION 2 That, without prejudice to future litigation of any issue identified by ACSC, the Town Council finds that the settled amount of an increase in revenues of $115 million on a system- wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2022 RRM filing, is in the public interest, and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities Code. SECTION 3 That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. SECTION 4 That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $115 million on a system-wide bases, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. SECTION 5 That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid- Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Page 20 Item 3. Resolution No. 2022-xx, Page 3 SECTION 6 That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2022 RRM filing. SECTION 7 That to the extent any resolution or ordinance previously adopted by the Town Council is inconsistent with this Resolution, it is hereby repealed. SECTION 8 That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9 That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. SECTION 10 That consistent with the Town Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2022. SECTION 11 That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 9TH DAY OF AUGUST, 2022. ___________________________________ Jeff Hodges, Mayor Pro-Tem ATTEST: _____ Michelle Lewis Sirianni, Town Secretary Page 21 Item 3. Resolution No. 2022-xx, Page 4 APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Page 22 Item 3. Resolution No. 2022-xx, Page 5 ATTACHMENT 1 Page 23 Item 3. Resolution No. 2022-xx, Page 6 ATTACHMENT 2 Page 24 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 21.55 per month Rider CEE Surcharge $ 0.05 per month 1 Total Customer Charge $ 21.60 per month Commodity Charge – All Ccf $0.36223 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2022. ATTACHMENT 1 Page 25 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 63.50 per month Rider CEE Surcharge ($ 0.01) per month 1 Total Customer Charge $ 63.49 per month Commodity Charge – All Ccf $ 0.14137 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2022. Page 26 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,204.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4939 per MMBtu Next 3,500 MMBtu $ 0.3617 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0776 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 27 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 28 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,204.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4939 per MMBtu Next 3,500 MMBtu $ 0.3617 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0776 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Page 29 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 30 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Page 31 Item 3. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2022 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.58 0.1422 88.85 0.6666 Austin 9.90 0.1372 233.56 0.7819 Dallas 14.17 0.1938 186.38 0.9394 Waco 10.07 0.1308 140.10 0.7170 Wichita Falls 11.43 0.1398 131.57 0.5610 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Page 32 Item 3. Line No.Description Pension Account Plan Post- Employment Benefit Plan Pension Account Plan Supplemental Executive Benefit Plan Post- Employment Benefit Plan Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Proposed Benefits Benchmark - Fiscal Year 2022 Willis Towers Watson Report as adjusted (1) (2) (3)1,715,323$ 982,708$ 3,137,022$ 313,319$ (341,412)$ 2 Allocation to Mid-Tex 44.72%44.72%76.88%100.00%76.88% 3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)767,038$ 439,436$ 2,411,882$ 313,319$ (262,493)$ 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)767,038$ 439,436$ 2,411,882$ 313,319$ (262,493)$ 3,669,182$ 6 7 8 Summary of Costs to Approve (1): 9 10 O&M Expense Factor (WP_F-2.3, Ln 2)79.88%79.88%38.60%11.00%38.60% 11 12 13 Total Pension Account Plan 612,700$ 931,100$ 1,543,800$ 14 Total Post-Employment Benefit Plan 351,016$ (101,335)$ 249,681 15 Total Supplemental Executive Benefit Plan 34,465$ 34,465 16 Total (Ln 13 + Ln 14 + Ln 15)612,700$ 351,016$ 931,100$ 34,465$ (101,335)$ 1,827,946$ 17 18 Notes: 19 20 21 2. Mid-Tex is proposing that the Fiscal Year 2022 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1, be approved by the RRM Cities as the benchmark amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods includes only the expense amount. The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM. 3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. ATMOS ENERGY CORP., MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2021 Shared Services Mid-Tex Direct 1. Studies not applicable to Mid-Tex or Shared Services are omitted. WP_F-2.3.1 Page 1 of 1 ATTACHMENT 2 Page 33 Item 3. TOWN SECRETARY Prosper is a place where everyone matters. To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Bob Scott, Executive Director of Administrative Services Robyn Battle, Executive Director of Community Services Re: Community Development Block Grant Program Town Council Meeting – August 9, 2022 ____________________________________________________________________________ Agenda Item: Consider and act upon a resolution authorizing the Mayor to execute a Joint Administrative Agreement with Denton County for the Community Development Block Grant (CDBG) three year program for fiscal years 2023, 2024, and 2025. Description of Agenda Item: The Community Development Block Grant (CDBG) program is a federally funded community infrastructure program that is managed locally by Denton County. Denton County provides the funding and project oversight for local CDBG projects. This would be the first time the Town has partnered with Denton County to participate in the CDBG program. Funds from this program must be used to meet one of the CDBG national objectives: benefit low-to-moderate income persons, eliminate slums/blight, or address urgent community development needs. The Town may utilize these funds to upgrade water and wastewater utilities and reconstruct pavement in qualifying areas. This is a three-year cooperation agreement with Denton County for participation in the CDBG program, HOME Investment Partnership Program, and Emergency Solutions Grants Program. Funding will automatically renew for each new three fiscal year Urban County qualification period unless the Town provides written notice of its intention to end its participation. Budget Impact: Approval of this three-year cooperation agreement will allow the Town to receive federal funding as provided by Denton County. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attachments: 1. Resolution 2. Agreement 3. Denton County Letter Page 34 Item 4. Town Staff Recommendation: Town Staff recommends approving a resolution authorizing the Mayor to execute a Joint Administrative Agreement with Denton County for the Community Development Block Grant (CDBG) three year program for fiscal year 2023, 2024, and 2025. Proposed Motion: I move to approve approving a resolution authorizing the Mayor to execute a Joint Administrative Agreement with Denton County for the Community Development Block Grant (CDBG) three year program for fiscal year 2023, 2024, and 2025. Page 35 Item 4. TOWN OF PROSPER RESOLUTION NO. 2022-XX RESOLUTION REGARDING TOWN OF PROSPER PARTICIPATION IN DENTON COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2023 THROUGH FISCAL YEAR 2025. WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Denton County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant (CDBG) program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, the TOWN OF PROSPER may not apply for grants under the State CDBG Program from appropriations for fiscal years during the period in which it is participating in Denton County's CDBG program, and WHEREAS, through cooperative agreements Denton County has authority to carry out activities funded from annual Community Development Block Grant (CDBG) Allocation from Federal Fiscal Years 2023, 2024, and 2025, from any program income generated from the expenditure of such funds and any successive qualification periods under automatic renewal, and WHEREAS, this cooperative agreement covers Federal Fiscal Years 2023, 2024, and 2025, it will automatically be renewed for participation in successive three-year qualification periods, unless the County or the TOWN OF PROSPER informs HUD with written notice to elect to not participate in a new qualification period, and WHEREAS, the cooperative agreement will be automatically renewed by the date specified in HUD’s urban county qualification notice for the next qualification period, Denton County will notify TOWN OF PROSPER in writing of its right not to participate, and WHEREAS, with automatic renewal, Denton County and the TOWN OF PROSPER will be required to adopt and submit to HUD any amendment to the agreement incorporating changes necessary to meet the requirements set forth in an Urban County Qualification Notice, and WHEREAS, Denton County and the TOWN OF PROSPER agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, and WHEREAS, Denton County and TOWN OF PROSPER will take all actions necessary to assure compliance under section 104(b) of Title I of the Housing and Community Development Page 36 Item 4. Resolution 2022-XX, Page 2 Act of 1974, Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and WHEREAS, Denton County will not fund activities in, or in support of the TOWN OF PROSPER that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification, and WHEREAS, Denton County and the TOWN OF PROSPER will comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, of Title II of the Americans with Disabilities Act, Age Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws, and WHEREAS, the TOWN OF PROSPER has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations and WHEREAS, the TOWN OF PROSPER has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions, and WHEREAS, in accordance with 24 CFR 570.501(b), Denton County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development, on the use of program income, and WHEREAS, pursuant to 24 CFR 570.501(b), the TOWN OF PROSPER is subject to the same requirements applicable to sub recipients, including the requirement of a written agreement a described in 24 CFR 570.503, and WHEREAS, Denton County and TOWN OF PROSPER may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan town, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014, Pub. L. 113-76. NOW, THEREFORE, BE IT RESOLVED, by the TOWN OF PROSPER that the TOWN Council of PROSPER, Texas supports the application of Denton County for funding from Housing and Community Development Act of 1974, as amended, and Cranston-Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Denton County, Texas to carry out Community Development Program Activities Eligible for Assistance under Public Law 93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor of PROSPER, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the TOWN OF PROSPER projects and filing annual grant requests. BE IT FURTHER RESOLVED, this cooperative agreement will automatically be renewed for participation in successive three-year qualification periods, unless Denton County or the TOWN OF PROSPER provides written notice it elects not to participate in a new qualification period. Denton County will notify the TOWN OF PROSPER in writing of its right to make to such election on the date specified by the U.S. Department of Housing and Urban Development in HUD's urban county qualification notice for the next qualification period. Any amendments or Page 37 Item 4. Resolution 2022-XX, Page 3 changes contained within the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period must be adopted by Denton County and the TOWN OF PROSPER and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until CDBG funds and income received during the fiscal 2023, 2024, 2025 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Denton County nor the TOWN OF PROSPER may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three-year urban county agreement shall be in writing and be mailed by certified mail to the Town Secretary of the TOWN OF PROSPER Any notice of changes or amendments to this agreement by the TOWN OF PROSPER to Denton County shall be in writing to the Denton County Judge’s Office. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS THE 9th DAY OF AUGUST, 2022. _________________________ Jeff Hodges, Mayor Pro-Tem ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________ Terrence S. Welch, Town Attorney PASSED AND APPROVED THIS ________ day of ______________, 2022. Commissioners Court Clerk Judge Andy Eads, County Judge Page 38 Item 4. Page 1 of 3 STATE OF TEXAS § § COMMUNITY DEVELOPMENT COUNTY OF DENTON § BLOCK GRANT PROGRAM JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION Pursuant to Texas Local Government Code Chapter 373 and Section 381.003, Texas cities and counties are authorized to conduct essential housing and community development activities; and pursuant to Texas Government Code Chapter 791, Texas cities and counties are authorized to enter into cooperative agreements. This agreement is entered into by and between DENTON COUNTY (“COUNTY”), a political subdivision of the State of Texas, and the TOWN OF PROSPER, (“TOWN”) a municipal corporation under the laws of the State of Texas (also known individually as a “Party” or, collectively, the “Parties”). The TOWN OF PROSPER, has chosen to have its population included as a portion of COUNTY’s population in COUNTY’s “Urban County” applications to the U.S. Department of Housing and Urban Development (“HUD”) for the Community Development Block Grant (“CDBG”) Program, the HOME Investment Partnership (“HOME”) Program, and Emergency Solutions Grants (“ESG”) Program (collectively, the “Grant Applications”), and COUNTY is willing to include TOWN’s population in the Grant Applications This Agreement is effective for the three fiscal years qualification period of Fiscal Years 2023- 2025. This Agreement remains in effect until the CDBG Program funds and income received with respect to the three fiscal years qualification period and any successive qualification periods are expended and the funded activities are completed, and the Parties may not terminate or withdraw from this Agreement while it remains in effect. This Agreement will automatically renew for each new three fiscal year Urban County qualification period unless TOWN or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Party before the end of a three fiscal years qualification period. The termination notice must also be sent to the HUD Field Office. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the TOWN Council of the TOWN OF PROSPER and DENTON COUNTY and the parties hereby AGREE as follows: 1. The Parties will cooperate to undertake, or assist in undertaking, community renewal and lower-income-housing-assistance activities. 2. The Parties will take all actions necessary to assure compliance with the Urban Page 39 Item 4. Page 2 of 3 County’s certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing Attachment B - Exhibit A regulations at 24 CFR part 100, will affirmatively further fair housing. The Parties will take all actions necessary to assure compliance with the Urban County’s certification required by section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968. The Parties will also comply with any other applicable laws. 3. The Parties will take all required actions to comply with the provisions of the National Environment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws. 4. The Parties will affirmatively further fair housing within the jurisdiction of the TOWN and the COUNTY. 5. The COUNTY and the TOWN have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies with its jurisdiction against any individuals engaged in non-violent civil rights demonstrations and a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is in the subject of such non-violent civil rights demonstrations within the jurisdiction. 6. Neither Party to this Agreement may veto or in any other way obstruct the implementation of the approved Consolidated Plan (the “Plan”) during the period for which COUNTY is seeking to qualify as an Urban County, nor may either Party be required to undertake any activities not specifically in the Plan. In addition, nothing contained in this Agreement will deprive any municipality or other unit of local government of any powers of zoning, development control or other lawful authority which it presently possesses. 7. Pursuant to 24 CFR 570.501 (b), TOWN is subject to the same requirements applicable to subrecipients, including the requirements for a written Attachment B - Exhibit A agreement set forth in 24 CFR 570.503. 8. TOWN may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan TOWN, urban county, unit of general local government or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. 9. COUNTY will adhere to HUD requirements regarding public hearings and will have final responsibility for selection of projects, the filing of annual grant request, and the Page 40 Item 4. Page 3 of 3 preparation of annual performance reports. 10. COUNTY has the final responsibility for submitting the consolidate Plan to HUD 11. TOWN may not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in COUNTY’s CDBG program. This Joint Administrative Agreement is executed on behalf of the TOWN OF PROSPER and DENTON COUNTY by its duly authorized officials. TOWN OF PROSPER David Bristol, Mayor of Prosper This the day of ______________, 2022 DENTON COUNTY, TEXAS ______________________________________ Andy Eads, County Judge This the day of ______________, 2022 Page 41 Item 4. June 27, 2022 Andy Eads Denton County Judge Honorable David F. Bristol, Mayor of Prosper RE: Urban County Qualification for CDBG 2023 -2025 Dear Mayor Bristol, Denton County is honored to announce that we are seeking qualification as an Urban County unde.r the Community Development Block Grant ("CDBG") program in order to assist in providing our eligible cities with funding for projects related to I ow-moderate income individuals in their communities. COBO aims to ensure the development of viable communities through the use of infrastructure development and anti-poverty programs. This mission is accomplished through the funding of activities which meet om: of the COBO national objectives: benefiting low and moderate income persons, eliminating slums/blight, or addressing urgent community development needs. The CDBG program is federally fill\ded, locally administered, and successfol through collaboration. Denton County extends this invitation to you, as an eligible municipality, for participation in the Denton County CDBG Consortium. Under the Consortium we shall work together to provide valuable services to our citizens and further the high quality of living that all cities and towns in Denton County offer. Should you elect to join to Consortium, the attached Cooperative Agreement must be signed and returned to the Denton County Grant Manager, Rina Maloney on or before August I, 2022. Those cities/towns which opt out of joining are asked to notify the County of such by email, rina.maloncy@dentoncounty.gov. If you have any questions or concerns regarding the COBO program, please contact Rina Maloney at, (940) 34 9-30 I 2, rina.maloney@dentonco,r nty.gov. ij� County Judge Denton County, 1'exas Denton County Administ:rative Courthouse• 1 Courthouse Dr.• Denton, TX 76208 (940)349•2820 • www.dentoncounty.gov Page 42 Item 4. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon authorizing the Mayor to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Public Works and Parks and Recreation Facility Master Plan project. Description of Agenda Item: The services associated with this agreement are to create a Facility Master Plan and fueling station to consolidate the Public Works and Parks and Recreation Departments to a single site, east of Cook Lane. Freese and Nichols, Inc., will project the potential growth of the two departments at buildout, including the number of staff and their roles, space needs, and operational storage such as the number and types of vehicles, equipment, and storage needs. The Master Plan project site will be an expansion of the current Public Works Facility. At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified engineering firms. Freese and Nichols, Inc., is included on the approved list. Budget Impact: The total cost of the project is $104,800. $64,800 will be funded from Account No. 200-5410-50- 02 (Professional Services), and $40,000 from Account No. 100-5410-50-01 (Capital Expenditure). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering Services Agreement as to form and legality. Attached Documents: 1. Professional Engineering Services Agreement Prosper is a place where everyone matters. PUBLIC WORKS Page 43 Item 5. Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Mayor to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Public Works and Parks and Recreation Facility Master Plan project. Proposed Motion: I move to authorize the Mayor to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Public Works and Parks and Recreation Facility Master Plan project. Page 44 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE PUBLIC WORKS AND PARKS AND RECREATION FACILITY MASTER PLAN PROJECT This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Public Works And Parks And Recreation Facility Master Plan Project, hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2.Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3.Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4.Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of One Hundred-Four Thousand Eight Hundred ($104,800) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written Page 45 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 12 notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5.Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6.Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7.Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8.Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9.Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. Page 46 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 12 10.Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols, Inc. Vimal Nair, PE Vice President 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 vrn@freese.com Town of Prosper Town Secretary PO Box 307 Prosper, TX 75078 mlsirianni@prospertx.gov 11.Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12.Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13.Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14.Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15.Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16.Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17.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 non-binding mediation. 18.Prevailing Party. In the event a Party 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). Page 47 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 12 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20.Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. FREESE AND NICHOLS, INC. By: Signature Vimal Nair, PE Printed Name Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature David F. Bristol Printed Name Mayor Title Date Page 48 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 12 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE PUBLIC WORKS AND PARKS AND RECREATION FACILITY MASTER PLAN PROJECT I. PROJECT DESCRIPTION The Town of Prosper (ToP), Texas, desires a Facility Master Plan to consolidate the Town’s Departments of Public Works and Parks and Recreation at a single site as the Town’s population grows. Currently, with a population of 35,000, the Town is expected to grow to 70,000 to 100,000 in the next decade. Working with the Town’s administration and the Departments’ leadership, Freese and Nichols, Inc. (FNI), will project the potential growth of the two Departments in terms of number of staff and their roles, space needs, and operational requirements such as number and types of vehicles, storage needs, etc. The goal will be to determine the size and type of facility required leading to a conceptual master plan for the Departments. The master plan’s project site will be an expansion of the current Public Works facility east of Cook Lane. Phasing and potential future expansion of the facility will be considered. A fueling station will be included in the master plan. II. TASK SUMMARY General Requirements Project administration: FNI will provide overall project administration including contracting, monthly One Page Reports, monthly invoicing, and coordination with sub-consultants. Project meetings: FNI will participate in up to three (3) project meetings with the Town in addition to the meetings specifically identified here-in. The meetings shall be virtual conference calls, not in person in Town. QC/QA: FNI will conduct internal Quality Control/ Quality Assurance of documents prior to each milestone submittal. Task 1 - Discovery. 1.1 Data collection and review: ToP will provide to FNI relevant project data including, but not limited to, existing current Departments’ floor and site plans; previous master plans, reports and studies; and the Town’s and Departments’ organizational charts and staffing. FNI will review materials received from ToP. 1.2 Project kick-off meeting in Prosper: FNI will conduct a comprehensive project kick-off meeting in Prosper to introduce the FNI team and ToP personnel. Meeting agenda will include review of master plan scope, communications, project schedule, and future meetings. 1.3 Interviews: Following the kick-off meeting, FNI will conduct up to three interview meetings with selected ToP officials and heads of the two Departments. Prior to the interviews, FNI will distribute survey forms to assist in the interviews. Issues to be addressed will include future growth, functional, organizational, and operational requirements for the Departments. 1.4 Site visits: With Departments’ staff and utilizing ToP documents such as buildings’ and site plans, FNI will tour existing Public Works and Parks and Recreation facilities. (Tasks 1.2, 1.3, and 1.4 will take place over one full day in Prosper). Task 2 - Programming. 2.1 Preliminary needs analysis: Based upon the interviews in Task 1.3 above, FNI will provide a summary of significant needs, rooms, sizes, functions, departmental organization and staffing, and intradepartmental relationships and adjacencies, parking requirements, storage requirements, and lay down areas. 2.2 Analysis review: In a virtual follow-up meeting, FNI will review the findings and recommendations of the needs Page 49 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 12 analysis with ToP. Based upon any comments received from ToP, FNI will make any necessary adjustments. 2.3 Draft space program: FNI will develop a draft detailed space program which will include the following: Type and amount of space required for administrative offices, customer service areas, open areas, conference/ training areas, and support areas. Recommendations on departments’ internal organizations. Recommendations on the new facility. Recommendations on current inventory, warehousing, and lay-down needs. Recommendations on number and type (visitor, staff, Town vehicle) of parking spaces, loading zones, and their locations. 2.4 Draft space program review: FNI will distribute the draft space program to ToP and will conduct a virtual follow- up review meeting of the draft space program with ToP. 2.5 Final space program: Based upon any comments received in Task 2.4, FNI will prepare a final space program and will distribute it to ToP. Task 3 – Concept Master Plan. 3.1 Alternative concept master plans: Based upon the final program in Task 2.5 above, FNI will prepare two (2) alternative concept master plans for the Departments’ facility at the site along Cook Lane. These alternative concept master plans will be in sketch form and will be distributed to ToP for review. 3.2 Alternative concept master plans review: In an in-person meeting with ToP, FNI will present each of the alternative concept master plans in Task 3.1. A preferred conceptual master plan will be selected for further refinement by FNI. 3.3 Preferred master plan: The preferred conceptual master plan under Task 3.2 will be used for further development of the facility master plan. FNI will distribute the facility master plan to ToP for review. 3.4 Preferred master plan review: In a virtual meeting with the ToP, FNI will present the proposed facility master plan. Following the meeting, FNI will make any minor revisions to the facility master plan. Task 4 – Final Master Plan and Report. 4.1 Draft final facility master plan and report: FNI will prepare the draft final master plan and report to include findings and recommendations from previous tasks above. The report may include options for phasing of the facility. The report will consist of narrative and floor and site plans of the recommended improvements. FNI will distribute the draft to ToP for review and comments. 4.2 Opinion of probable construction cost (OPCC): For the master plan, FNI will prepare an order of magnitude cost estimate (AACE Level 5 estimate based upon square foot costs) for the facility master plan. This will be distributed to ToP for review and comments along with the draft in Task 4.1 above. 4.3 Draft final facility master plan and report review: Through a virtual meeting with ToP, FNI will present the draft final facility master plan and report along with the associated OPCC. 4.4 Final facility master plan and report: FNI will incorporate any comments received from ToP on the draft master plan and report into the final facility master plan and report. FNI will distribute the final facility master plan and report to ToP. Task 5 – Special Services 5.1 Plat: Through FNI’s sub-consultant Brittain & Crawford, LLC, FNI will provide a plat of the site based upon the final facility master plan. III. DELIVERABLES All interim submittals for review will be electronic. The final facility master plan and report will be 8 copies, 11” x 17”, bound and an electronic copy, pdf format. Page 50 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 12 IV. EXCLUSIONS 1. Programming, planning, and assessments for other Town facilities are excluded. 2. Existing facilities’ condition assessments are excluded. 3. Architectural renderings or models of facilities are excluded. 4. Extensive field verification of existing facilities is excluded. 5. Interior design of the facilities is excluded. 6. LEED certification is excluded. 7. Site topographic survey and geotechnical engineering are excluded. 8. Hazardous materials testing and environmental services are excluded. 9. Final design and construction documentation are excluded. 10. Public meetings are excluded. 11. Improvements to adjacent off-site infrastructure including utilities and roadways are excluded. 12. Traffic impact assessments are excluded. V. ASSUMPTIONS 1. Providing assessments and/or programming of additional facilities will be an addition service. 2. Additional meetings in Prosper other than those noted above will be an additional service. 3. Providing cost estimates other than those noted above will be an additional service. 4. Making revisions to previously approved documents will be an additional service. VI. SCHEDULE See attached Project Schedule. Page 51 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 12 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE PUBLIC WORKS AND PARKS AND RECREATION FACILITY MASTER PLAN PROJECT I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed Month Year Task 1 - Discovery September 2022 $16,200 Task 2 - Programming November 2022 $19,650 Task 3 – Concept Master Plan January 2023 $26,000 Task 4 – Final Master Plan March 2023 $25,700 Task 5 – Special Services - Plat April 2023 $17,250 Total Compensation $104,800 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 - Discovery $16,200 Task 2 - Programming $19,650 Task 3 – Concept Master Plan $26,000 Task 4 – Final Master Plan $25,700 Total Basic Services: $87,550 Special Services (Hourly Not-to-Exceed) Amount Task 5 – Special Services - Plat $17,250 Total Special Services: $17,250 Direct Expenses Amount None $0 Total Direct Expenses: $0 Page 52 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 12 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 53 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 12 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 54 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 12 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE PUBLIC WORKS AND PARKS AND RECREATION FACILITY MASTER PLAN PROJECT THE STATE OF TEXAS § § COUNTY OF ________________ § I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): _____ Ownership of 10% or more of the voting shares of the business entity. _____ Ownership of $25,000.00 or more of the fair market value of the business entity. _____ Funds received from the business entity exceed 10% of my income for the previous year. _____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00. _____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. _____ Other: _________________________________________________. _____ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this ___________________ day of _________________________, 20____. ________________________________ Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this _____ day of ________________________, 20 . Notary Public in and for the State of Texas My Commission expires: Page 55 Item 5. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 12 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Page 56 Item 5. ID Task Mode Task Name Duration % Complete Start Finish 0 Town of Prosper Facilities Needs Assessment and Programming Schedule 185 days 0%Mon 7/25/22 Thu 4/13/23 1 Proposal 30 days 0%Mon 7/25/22 Fri 9/2/22 2 Submit proposal to City of Prosper 0 days 0%Mon 7/25/22 Mon 7/25/22 3 Town of Prosper to review 30 days 0%Mon 7/25/22 Fri 9/2/22 4 Phase I- Discovery 6 days 0%Fri 9/2/22 Mon 9/12/22 5 1.1 Data collection and review:5 days 0%Fri 9/2/22 Fri 9/9/22 6 Town of Prosper to collect existing building data 2 days 0%Fri 9/2/22 Tue 9/6/22 7 Town of Prosper to send existing building data to FNI 0 days 0%Tue 9/6/22 Tue 9/6/22 8 FNI to review existing building data 3 days 0%Wed 9/7/22 Fri 9/9/22 9 1.2 Project Kick Off meeting in Prosper: 1 day 0%Mon 9/12/22 Mon 9/12/22 10 Kick Off meeting 1 day 0%Mon 9/12/22 Mon 9/12/22 11 1.3 Interviews 5 days 0%Tue 9/6/22 Mon 9/12/22 12 FNI will develop survey form for interviews 1 day 0%Tue 9/6/22 Tue 9/6/22 13 Town of Prosper officials to fill out the survey forms one week prior to interviews 3 days 0%Wed 9/7/22 Fri 9/9/22 14 FNI to perform Interviews 1 day 0%Mon 9/12/22 Mon 9/12/22 15 1.4 Site Visit 1 day 0%Mon 9/12/22 Mon 9/12/22 16 Site Visit to Public Works and Parks and Recreation Facilities 1 day 0%Mon 9/12/22 Mon 9/12/22 17 Phase II- Programming Report 48 days 0%Tue 9/13/22 Thu 11/17/22 18 2.1 Preliminary Needs Analysis 12 days 0%Tue 9/13/22 Wed 9/28/22 19 FNI to prepare Preliminary needs analysis section for the Draft Programming Report 5 days 0%Tue 9/13/22 Mon 9/19/22 20 Submit preliminary needs analysis for FNI IQC 1 day 0%Tue 9/20/22 Tue 9/20/22 21 FNI IQC period 3 days 0%Wed 9/21/22 Fri 9/23/22 22 Address IQC comments 2 days 0%Mon 9/26/22 Tue 9/27/22 23 Submit written narrative to the City 1 day 0%Wed 9/28/22 Wed 9/28/22 24 2.2 Analysis Review 6 days 0%Wed 9/28/22 Thu 10/6/22 25 City to Review Written Narrative 5 days 0%Thu 9/29/22 Wed 10/5/22 26 FNI to schedule virtual conference call 0 days 0%Wed 9/28/22 Wed 9/28/22 27 Review meeting (Virtual Teleconference)1 day 0%Thu 10/6/22 Thu 10/6/22 28 2.3 Draft space program: FNI will develop a draft detailed space program 14 days 0%Fri 10/7/22 Wed 10/26/22 29 Prepare Draft Space Program 7 days 0%Fri 10/7/22 Mon 10/17/22 30 Submit draft space program for FNI IQC 1 day 0%Tue 10/18/22 Tue 10/18/22 31 FNI IQC period 3 days 0%Wed 10/19/22 Fri 10/21/22 32 Address IQC comments 2 days 0%Mon 10/24/22 Tue 10/25/22 33 Submit Draft Space Program to the City for review 1 day 0%Wed 10/26/22 Wed 10/26/22 34 2.4 Draft Space Program Review 6 days 0%Wed 10/26/22 Thu 11/3/22 35 Town of Prosper to review Draft Space Program 5 days 0%Thu 10/27/22 Wed 11/2/22 36 FNI to schedule virtual conference call 0 days 0%Wed 10/26/22 Wed 10/26/22 37 Review meeting (Virtual Teleconference)1 day 0%Thu 11/3/22 Thu 11/3/22 38 2.5 Prepare Final Space Program Report 10 days 0%Fri 11/4/22 Thu 11/17/22 39 FNI to incorporate Town of Prosper comments 3 days 0%Fri 11/4/22 Tue 11/8/22 40 Submit draft space program for FNI IQC 1 day 0%Wed 11/9/22 Wed 11/9/22 41 FNI IQC period 3 days 0%Thu 11/10/22 Mon 11/14/22 42 Address IQC comments 2 days 0%Tue 11/15/22 Wed 11/16/22 43 Submit Final Space Program Report 1 day 0%Thu 11/17/22 Thu 11/17/22 44 Phase III- Concept Master Plan 49 days 0%Fri 11/18/22 Mon 1/30/23 45 3.1 Prepare Alternative Master Conceptual Plans 17 days 0%Fri 11/18/22 Wed 12/14/22 7/25 9/6 9/28 10/26 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Qtr 3, 2022 Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Town of Prosper Needs Assessment and Programming Project: Town of Prosper Facilities Needs Assessment and Programming Schedule Prosper Facilities Needs Assessment and Programming Shedule Page 1 of 2 Date: Thu 7/21/22 Page 57 Item 5. ID Task Mode Task Name Duration % Complete Start Finish 46 Alternative master conceptual plans: FNI will prepare up to two (2) alternative conceptual plans 10 days 0%Fri 11/18/22 Mon 12/5/22 47 Submit Alternative Master Conceptual Plans for FNI IQC 1 day 0%Tue 12/6/22 Tue 12/6/22 48 FNI IQC period 3 days 0%Wed 12/7/22 Fri 12/9/22 49 Address IQC comments 2 days 0%Mon 12/12/22 Tue 12/13/22 50 Submit Alternative Master Conceptual Plans to the City 1 day 0%Wed 12/14/22 Wed 12/14/22 51 3.2 Alternative Master Conceptual Plan Review 6 days 0%Wed 12/14/22 Thu 12/22/22 52 Town of Prosper to review Master Conceptual Design 5 days 0%Thu 12/15/22 Wed 12/21/22 53 FNI to schedule virtual conference call 0 days 0%Wed 12/14/22 Wed 12/14/22 54 Review meeting (Virtual Teleconference)1 day 0%Thu 12/22/22 Thu 12/22/22 55 3.3 Preferred Master Plan Development 13 days 0%Fri 12/23/22 Wed 1/11/23 56 Prepare preferred master conceptual plan 6 days 0%Fri 12/23/22 Mon 1/2/23 57 Submit preferred Facility Conceptual Plans for FNI IQC 1 day 0%Tue 1/3/23 Tue 1/3/23 58 FNI IQC period 3 days 0%Wed 1/4/23 Fri 1/6/23 59 Address IQC comments 2 days 0%Mon 1/9/23 Tue 1/10/23 60 Submit preferred Master Conceptual Plan to the City 1 day 0%Wed 1/11/23 Wed 1/11/23 61 3.4 Preferred Master Conceptual Plan Review 13 days 0%Wed 1/11/23 Mon 1/30/23 62 Town of Prosper to review Master Conceptual Design 5 days 0%Thu 1/12/23 Wed 1/18/23 63 FNI to schedule virtual conference call 0 days 0%Wed 1/11/23 Wed 1/11/23 64 Review meeting (Virtual Teleconference)1 day 0%Thu 1/19/23 Thu 1/19/23 65 Address review comments and revised preferred master conceptual plan 3 days 0%Fri 1/20/23 Tue 1/24/23 66 FNI IQC period 2 days 0%Wed 1/25/23 Thu 1/26/23 67 Address IQC comments 1 day 0%Fri 1/27/23 Fri 1/27/23 68 Submit Preferred Facilities Conceptual Plans to the City 1 day 0%Mon 1/30/23 Mon 1/30/23 69 Phase IV- Final Report 53 days 0%Tue 1/31/23 Thu 4/13/23 70 4.1 Prepare Draft Final Report 8 days 0%Tue 1/31/23 Thu 2/9/23 71 FNI to prepare the draft final report 8 days 0%Tue 1/31/23 Thu 2/9/23 72 Submit Final Report to FNI Cost Estimation Team 0 days 0%Thu 2/9/23 Thu 2/9/23 73 4.2 FNI to prepare Opinion of Probable Construction Cost (OPCC) 8 days 0%Fri 2/10/23 Tue 2/21/23 74 FNI to prepare the OPCC 8 days 0%Fri 2/10/23 Tue 2/21/23 75 4.3 Draft Facility Report and OPCC Review 13 days 0%Wed 2/22/23 Fri 3/10/23 76 Submit Draft Final Report and OPCC for FNI IQC 1 day 0%Wed 2/22/23 Wed 2/22/23 77 FNI IQC Review period 3 days 0%Thu 2/23/23 Mon 2/27/23 78 Adress IQC review comments 2 days 0%Tue 2/28/23 Wed 3/1/23 79 Submit draft final report to the City for Review 1 day 0%Thu 3/2/23 Thu 3/2/23 80 Draft Final Report Review period for the City 5 days 0%Fri 3/3/23 Thu 3/9/23 81 FNI to schedule virtual conference call 1 day 0%Fri 3/3/23 Fri 3/3/23 82 Review meeting (Virtual Teleconference)1 day 0%Fri 3/10/23 Fri 3/10/23 83 4.4 Final Facility Report 24 days 0%Mon 3/13/23 Thu 4/13/23 84 Address review comments from the City 3 days 0%Mon 3/13/23 Wed 3/15/23 85 Submit Final Report for FNI IQC 1 day 0%Thu 3/16/23 Thu 3/16/23 86 FNI IQC Review period 3 days 0%Fri 3/17/23 Tue 3/21/23 87 Address IQC review comments 2 days 0%Wed 3/22/23 Thu 3/23/23 88 Submit Final Report to the City 1 day 0%Fri 3/24/23 Fri 3/24/23 89 Phase V- Special Services - Plat 14 days 0%Mon 3/27/23 Thu 4/13/23 12/14 1/11 2/9 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Qtr 3, 2022 Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Town of Prosper Needs Assessment and Programming Project: Town of Prosper Facilities Needs Assessment and Programming Schedule Prosper Facilities Needs Assessment and Programming Shedule Page 2 of 2 Date: Thu 7/21/22 Page 58 Item 5. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Interim Executive Director of Development and Infrastructure Services Through: Bob Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon awarding CSP No. 2022-44-B to American Landscape Systems, related to construction services for the Coleman Street Median Landscaping (Victory-Preston) and the Prosper Trail Median Landscaping (DNT-700’ East) project; and authorizing the Mayor to execute a construction agreement for same. Description of Agenda Item: On July 15, 2022, at 3:00 PM, four (4) Competitive Sealed Proposals were received for the Coleman Street Median Landscaping (Victory-Preston) and the Prosper Trail Median Landscaping (DNT-700’ East) project. The projects include the installation of the Town of Prosper standard median landscaping and irrigation from Victory Way to Preston Road on Coleman Street, and on Prosper Trail from the Dallas North Tollway to 700 feet east of the Dallas North Tollway. The project was advertised using the Competitive Sealed Proposal alternative procurement method to allow the Town to award the project to the contractor that offers the best value proposal based on the following criteria:  Qualifications and Experience (30%) o Outline contractor and subcontractor experience with similar projects. o Outline qualifications of key personnel assigned to this project. o Provide references.  Project Timeline (20%)  Cost Proposal (50%) The verified proposal totals ranged between $563,059.86 and $628,256.73. The Engineer's Estimate was $539,590.00. The proposal final completion times ranged from 90 calendar days to 210 calendar days. American Landscape Systems was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $564,938.75, and a project timeline of 180 calendar days. American Landscape Systems successfully completed the West Prosper Prosper is a place where everyone matters. ENGINEERING SERVICES Page 59 Item 6. Page 2 of 2 Roads, Segment A Gee Road Landscaping Architecture project. Staff also checked the references provided and received positive feedback. Budget Impact: The cost for the improvements is $564,938.75. The FY 2021-2022 Capital Improvement Program includes $625,000 for the Coleman Street Median Landscaping (Victory-Preston) project in Account No. 750-6610-10-00-2148-PK, and $250,000 in Account No. 750-6610-10-00-2149-PK for the Prosper Trail Median Landscaping (DNT-700’ East) project. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council Award CSP No. 2022-44-B to American Landscape Systems, related to construction services for the Coleman Street Median Landscaping (Victory- Preston) and the Prosper Trail Median Landscaping (DNT-700’ East) project; and authorizing the Mayor to execute a construction agreement for same. Proposed Motion: I move to award CSP No. 2022-44-B to American Landscape Systems, related to construction services for the Coleman Street Median Landscaping (Victory-Preston) and the Prosper Trail Median Landscaping (DNT-700’ East) project; and authorizing the Mayor to execute a construction agreement for same. Page 60 Item 6.   LOCATION MAP Coleman Street & Prosper Trail Landscape Improvements Preston Road Prosper HS Coleman Street Victory Way Prosper Trail DNT Page 61Item 6. Solicitation NumberSolicitation TitleClose DateResponding Supplier City StateResponse SubmittedResponse TotalJoesta Construction, LLC. Grand Prairie TX7/15/2022 11:47:40 AM (CT)$563,059.86American Landscape Systems Lewisville TX7/15/2022 10:18:38 AM (CT)$564,938.75SRH Landscapes LLC Dallas TX7/15/2022 08:04:26 AM (CT)$597,712.03Central North Construction, LLC Allen TX7/15/2022 11:38:05 AM (CT)$628,256.73Certified By: Jay Carter, NIGP-CPP, CPPB, C.P.M. Date: 7/15/2022 Purchasing Manager Town of Prosper, Texas**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a commenton the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make adetermination as to the responsiveness ofthe vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contractdocuments. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. TOWN OF PROSPERBID TABULATION SUMMARYProposal No. 2022-44-BColeman Street Median Landscaping and Prosper Trail Median Landscaping7/15/2022 @ 2:00PM2022‐44‐B Addendum 1 ‐ Page 1Page 62Item 6. CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between American Landscape Systems, a company authorized to do business in Texas, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A.Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1.this Construction Agreement; 2.properly authorized change orders; 3.the Special Conditions of this Contract; 4.the General Conditions of this Contract; 5.the Technical Specifications & Construction Drawings of this Contract; 6.the OWNER's Standard Construction Details; 7.the OWNER's Standard Construction Specifications; 8.the OWNER’s written notice to proceed to the CONTRACTOR; 9.the Contractor’s Cost Proposal; 10.any listed and numbered addenda; 11.the Performance, Payment, and Maintenance Bonds; and, 12.any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 1 Page 63 Item 6. resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed five hundred sixty-four nine hundred thirty-eight dollars and 75 cents ($564,938.75). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within __ calendar days after the date of the Notice to Proceed for the base proposal. Within __ additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 2 Page 64 Item 6. AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 3 Page 65 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 4 E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s proposal. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a.Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: 1)Premises / Operations 2)Broad Form Contractual Liability 3)Products and Completed Operations Page 66 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 5 4)Personal Injury 5)Broad Form Property Damage 6)Explosion Collapse and Underground (XCU) Coverage. b.Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c.Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d.Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e.$1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a.General Liability and Automobile Liability Coverage 1)The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. 2)The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. Page 67 Item 6. 3)Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4)The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b.Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c.All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5.Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6.Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 6 Page 68 Item 6. maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. G. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 7 Page 69 Item 6. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. I. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 8 Page 70 Item 6. "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. J. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. K. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 9 Page 71 Item 6. and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. M. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 10 Page 72 Item 6. Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. N. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 11 Page 73 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 12 OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. 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 non-binding mediation. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. [Signatures continued on following page.] Page 74 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 13 CONTRACTOR TOWN OF PROSPER, TEXAS By: ___________________________________ By: David F. Bristol Title: ___________________________________ Date: Title: Mayor Date: Address: 1780 Midway Road Lewisville, TX 75056 Phone: 469-521-2200 Email: jta@americanlandscapesystems.com Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: mlsirianni@prospertx.gov ATTEST: MICHELLE LEWIS SIRIANNI Town Secretary Page 75 Item 6. PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the 9th day of August, A.D. 2022, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 14 Page 76 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 15 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the ________ day of ________________, 2022. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature _______________________________________________________________________ Typed/Printed Name Typed/Printed Name _______________________________________________________________________ Title Title _______________________________________________________________________ Address Address _______________________________________________________________________ City State Zip City State Zip ______________________________________________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 77 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 16 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature _______________________________________________________________________ Printed Name Printed Name _______________________________________________________________________ Title Title _______________________________________________________________________ Address Address _______________________________________________________________________ City State Zip City State Zip ______________________________________________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Page 78 Item 6. PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the 9th day of August A.D. 2022, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 17 Page 79 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 18 be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the _______ day of _________________, 2022. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature _______________________________________________________________________ Typed/Printed Name Typed/Printed Name _______________________________________________________________________ Title Title _______________________________________________________________________ Address Address _______________________________________________________________________ City State Zip City State Zip ______________________________________________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 80 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 19 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature _______________________________________________________________________ Printed Name Printed Name _______________________________________________________________________ Title Title _______________________________________________________________________ Address Address _______________________________________________________________________ City State Zip City State Zip ______________________________________________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Page 81 Item 6. MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of five hundred sixt-four thousand nine hundred thirty-eight and 75/100 DOLLARS ($564,938.75) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 9th day of August, 2022, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping. in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 20 Page 82 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 21 PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, on this the _____ day of ____________, 2022. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature _______________________________________________________________________ Typed/Printed Name Typed/Printed Name _______________________________________________________________________ Title Title _______________________________________________________________________ Address Address _______________________________________________________________________ City State Zip City State Zip ______________________________________________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 83 Item 6. CSP NO. 2022-44-B Coleman Street Median Landscaping (Victory to Preston) and Prosper Trail Median Landscaping (Document Version 05/22) 22 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature _______________________________________________________________________ Printed Name Printed Name _______________________________________________________________________ Title Title _______________________________________________________________________ Address Address _______________________________________________________________________ City State Zip City State Zip ______________________________________________________________________ Phone Fax Phone Fax Page 84 Item 6. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon an ordinance to rezone Planned Development-86 (PD-86) to Planned Development-114 (PD-114), on 277.6± acres, to amend the single-family residential regulations, located on the north side of US 380, west of Custer Road. (Z22-0005). Description of Agenda Item: On May 10, 2022, the Town Council approved the proposed request, by a vote of 7-0. A Planned Development 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: Town staff recommends approval of an ordinance to rezone Planned Development-86 (PD-86) to Planned Development-114 (PD-114), on 277.6± acres, to amend the single-family residential regulations, located on the north side of US 380, west of Custer Road. (Z22-0005). Proposed Motion: I move to approve an ordinance to rezone Planned Development-86 (PD-86) to Planned Development-114 (PD-114), on 277.6± acres, to amend the single-family residential regulations, located on the north side of US 380, west of Custer Road. (Z22-0005). Prosper is a place where everyone matters. PLANNING Page 85 Item 7. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-___ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 277.6 ACRES, SITUATED IN THE J. HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-86 (PD-86) TO PLANNED DEVELOPMENT-114 (PD-114); 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; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z22- 0005) from 104 Prosper and 310 Prosper, Prosper Hollow LP, Paramount Soft LP, DD Brookhollow LLC, and 55 Prosper (“Applicants”), to rezone 277.6 Acres, situated in the J. Horn Survey, Abstract No.411, Collin County, Texas, From Planned Development-86 (PD-86) to Planned Development-114 (PD-114), 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, as amended, is hereby amended as follows: The zoning designation of the hereafter described property containing 277.6 Acres, situated in the J. Horn Survey, Abstract No.411, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto, are hereby zoned as Planned Development-114 (PD-114) and being more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 86 Item 7. Ordinance No. 2022-___, Page 2 The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with (1) the Statement of Intent and Purpose, attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C; (3) the Concept Plan, attached hereto as Exhibit D; and (4) the Development Schedule, attached hereto as Exhibit E, all of which are incorporated herein for all purposes as if set forth verbatim. 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, 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 87 Item 7. Ordinance No. 2022-___, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, 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 9TH DAY OF AUGUST, 2022. ______________________________ Jeff Hodges, Mayor Pro-Tem ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 88 Item 7.   Rutherford Creek Planned Development-114 TOWN OF PROSPER, TEXAS JUNE 2022 Page 89 Item 7. Point of Beginning U.S.HIGHWAY 380 JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 1 OF 6LPD22001MYOSTSRAMSEY N E S W MATCH SHEET 2Page 90 Item 7. CUSTER ROAD JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 2 OF 6LPD22001MYOSTSRAMSEY N E S W MATCH SHEET 1Page 91 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 3 OF 6LPD22001MYOSTSRAMSEYPage 92 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 4 OF 6LPD22001MYOSTSRAMSEYPage 93 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 5 OF 6LPD22001MYOSTSRAMSEYPage 94 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 6 OF 6LPD22001MYOSTSRAMSEYPage 95 Item 7. Point of Beginning JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 1 OF 6LPD22001MYOSTSRAMSEY N E S W MATCH SHEET 2Page 96 Item 7. CUSTER ROAD JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 2 OF 6LPD22001MYOSTSRAMSEY N E S W MATCH SHEET 1Page 97 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 3 OF 6LPD22001MYOSTSRAMSEYPage 98 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 4 OF 6LPD22001MYOSTSRAMSEYPage 99 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 5 OF 6LPD22001MYOSTSRAMSEYPage 100 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 6 OF 6LPD22001MYOSTSRAMSEYPage 101 Item 7. Point of Beginning U.S.HIGHWAY 380 ∆ ∆ ∆ ∆ ∆∆ JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 1 OF 2LPD22001MYOSTSRAMSEY N E S W Page 102 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 2 OF 2LPD22001MYOSTSRAMSEYPage 103 Item 7. ∆∆∆∆∆∆U.S.HIGHWAY 380Point ofBeginningJOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/14/2022 1 OF 2LPD22001MYOSTSRAMSEYNESWPage 104Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/14/2022 2 OF 2LPD22001MYOSTSRAMSEYPage 105Item 7. U.S.HIGHWAY 380 Point of Beginning JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 1 OF 2LPD22001MYOSTSRAMSEY N E S W Page 106 Item 7. JOB #:DRAWN BY: CHECKED BY:PAGE #:DATE: 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 4/13/2022 2 OF 2LPD22001MYOSTSRAMSEY N E S W Page 107 Item 7. Exhibit B EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to rezone the remaining single-family components of PD-86 to accommodate a high-quality, gated, single-family neighborhood with a design that takes advantage of the trees, creeks, and rolling topography. The subdivision design utilizes a spine road to define the boundary between custom homes on the larger lots and upper end production homes located on smaller lots. The PD also restates the development standards for the mixed-use component of PD-86 while prohibiting certain deed restricted uses. While a vast majority of the base development standards contained within PD-86 have been carried over to this new PD, modifications include: Residential (Tract 1)  Redistributing and redefining the residential density and lot sizes currently permitted in PD-86 by restricting the existing minimum lot sizes of 7,000 square feet and 9,000 square feet to the production home area located south and east of the spine road and requiring the lots in the custom home area located north and west of the spine road to be a minimum of at least 15,000 square feet;  Establishing two levels of architectural design standards – one for the production home area located east of the spine road and one for the custom home area located west of the spine road;  Allowing lots to back to Rutherford Branch in accordance with the concept plan; and  Restating all current applicable development standards. Mixed-Use (Tracts 2, 3, and 4)  Creating three mixed-use tracts that are reflective of current property ownership;  Restating all current applicable development standards applicable to Tracts 2, 3, and 4;  Prohibiting the development of multi-family residential and single-family residential uses in Tract 3 (townhomes and commercial uses remain as permitted uses) to be consistent with deed restrictions; and  Prohibiting the development of townhome and single-family residential uses in Tract 4 (multi-family and commercial uses remain as permitted uses) to be consistent with deed restrictions. Page 108 Item 7. Exhibit C - Page 1 of 15 EXHIBIT “C” DEVELOPMENT STANDARDS Single-Family Residential Tract 1 (169.8+ acres) 1. General Description. The development standards set forth for the Single-Family Residential Tract of this Planned Development District are intended to guide the development of a gated neighborhood with private streets containing custom single-family residential homes on the west side of the spine road and upper end production homes on the east side of the spine road. Development standards for these housing types are outlined below. Unless otherwise specified below, the Single-Family Residential Tract shall develop under the standards contained in the Town’s Zoning Ordinance, as it exists or may be amended. 2. Allowed Uses. Land uses permitted within the Single-Family Residential Tract 1 are as follows: a. Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. b. Churches / rectories c. Civic facilities d. Electronic security facilities, including gatehouses and control counter e. Fire stations and public safety facilities f. Gated communities with private streets (developed to Town Standards) g. Private Recreation Center/Amenity Center h. Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat i. Single family residential uses as described herein j. Schools – public or private k. Golf Course for Country Club (including clubhouse, maintenance facilities, on- course food and beverage structure, and on course restroom facilities.) l. Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. m. Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. n. Utility distribution lines and facilities. o. Other uses as permitted in the SF-10 District. 3. Lot Types. Type A, B, an C lots may be developed within the Single-Family Residential Tract. The development standards for the Type A, B, and C lots are listed below. Type A Type B Type C Minimum Lot Area (sq ft) 15,000 9,000 7,000 Maximum Lot/Building Coverage (%) 50 50 60 Page 109 Item 7. Exhibit C - Page 2 of 15 Minimum Lot Width (ft) 80 70 55 Note: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. Minimum Lot Depth (ft) 125 125 125 Minimum Front Yard (ft) 25 20 20 Note: The minimum front yard may be reduced by ten feet in the following circumstances provided the minimum front yard is no less than 15 feet. 1. For an outside swing-in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet and the height of the garage does not exceed one story; or 2. For a non-enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or 3. For a non-enclosed porch and the main structure provided: a. The height of the main structure does not exceed one story; b. The porch has a minimum dimension of seven feet in depth measured from stud to the front edge of the porch floor and a minimum width of 20 feet; and c. The minimum front yard for a front entry garage is increased one foot for every one foot the minimum front yard for the main structure is reduced. Note: Staggered lot setbacks are not required. Minimum Side Yard (ft) 7 7 5 Note: The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. Minimum Rear Yard (ft) 20 20 20 Note: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. Maximum Building Height 2½ stories not to exceed 45 feet Note: Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. Minimum Dwelling Area (sq ft) 3,500 2,500 2,200 4. Location and Maximum Number of Lot Types. All lots located north and west of the spine road as depicted on Exhibit D shall be developed to Type A standards. A maximum of 105 Type B lots and 145 Type C lots are permitted south and east of the spine road as depicted on Exhibit D. The overall density of Tract 1 shall not exceed 3.0 units per acre. 5. Architectural Standards. a. The architectural standards contained in Exhibit C-1 are applicable to all lots located west of the spine road. b. The architectural standards contained in Exhibit C-2 are applicable to all lots located east of the spine road. 6. General Conditions. Other general development requirements and standards for the Single- Family Residential Tract include the following. a. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be Page 110 Item 7. Exhibit C - Page 3 of 15 provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage of at least four hundred (400) square feet. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. b. Screening and Buffering: Lots backing to the central spine road shall be screened by a combination of trees, shrubs and a screening fence or wall located within a fifteen (15) foot landscape edge. All turf and landscaping areas will be irrigated. Screening fences shall be black tubular steel and walls shall be of double-faced brick or stone construction. Screening walls consisting of thin-wall brick shall not be allowed. Trees and shrubs shall be provided in accordance with the requirements of the Town’s Subdivision Ordinance, as it exists or may be amended. c. Concept Plan: A Concept Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by conceptually illustrating the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, parks, and open space. Dimensions and acreages shown on Exhibit “D” are approximations and may be modified at the time of final platting. Minor deviations to the Concept Plan are permitted without amending this Ordinance provided that the Concept Plan still meets the purpose and intent of this Ordinance. The following changes are not considered major deviations from the Preliminary Plan: i. Changes that do not alter the basic relationship of the proposed development to adjacent properties; ii. Changes that retain the character of the development; iii. Changes to the roadway plan that do not significantly deviate connections to adjacent properties or the adjacent major thoroughfares; iv. Changes that do not degrade vehicle access and traffic circulation, pedestrian access and safety, emergency services provision, utility system effectiveness, drainage, and tree protection; v. Changes that do not increase the density, setbacks, height, or coverage of the site; and/or vi. Changes that are made to accommodate engineering considerations such as drainage, tree preservation, utility system configuration, or franchise utility infrastructure. Major changes in the Concept Plan shall be considered the same as amendments to the Zoning Ordinance and shall be processed accordingly. Page 111 Item 7. Exhibit C - Page 4 of 15 d.Streets: The residential streets shall consist of a fifty-foot-wide right-of-way with a thirty- one-foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley- served, residential streets shall consist of a fifty-foot-wide right-of-way with a thirty-one- foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. Entry streets shall be designed within a sixty-foot-wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. e.Sidewalks: Opposed to constructing sidewalks along both side of the spine road, a single, eight-foot-wide sidewalk (meandering where possible) may be constructed. All other sidewalks shall be located and constructed in accordance with Town standards. f.Landscaping i.Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each residential lot. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. ii.Side Yard adjacent to a Street: Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. iii.Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). g.Park Dedication Requirements: Unless modified by a development agreement with the Town, the development of Tract 1 shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage or one acre per 35 residential units, whichever is greater, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve Page 112 Item 7. Exhibit C - Page 5 of 15 areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with the Town’s Subdivision Ordinance subject to approval of the Parks and Recreation Board and/or Town Council. All other aspects of park dedication shall comply with the Subdivision Ordinance as it presently exists or may be amended, unless modified by a development agreement with the Town. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board and/or Town Council. h.Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. i.Adjacency to Major Creeks, Floodplains, and Open Space: Development within the Single- Family Residential Tract shall not be required to comply with the creek frontage requirements contained within Section 10.03.146 of the Town’s current Subdivision Ordinance. In addition, 100-year floodplain may be platted within single family lots. However, any floodplain contained within a single-family lot shall be designated on the final plat as an HOA Drainage, Floodway, and No-Build Easement to indicate that no dwelling unit or any other structure that may obstruct the natural flow of storm water may be constructed within the floodplain. General maintenance of vegetation and removal of ordinary trash and debris located within the HOA Drainage, Floodway, and No-Build Easement shall be the responsibility of the lot owner. The HOA shall keep the HOA Drainage, Floodway, and No-Build Easement clean and free of large debris that would obstruct the flow of water. Mixed-Use Tract 2 (24.8+ acres), Tract 3 (36.2+ acres), and Tract 4 (25.2+ acres) 1.General Description: The mixed-use area (shown as Tracts 2, 3, and 4 on Exhibit D) of this Planned Development allows the development of both residential and non-residential land uses. The residential land uses are intended to supply higher density housing types to provide a buffer between the less intense residential development and U.S Highway 380 and more intense retail and commercial land uses. Non-residential land uses such as office, retail, restaurant, service, and/or commercial uses are intended to supply and serve the surrounding and nearby residential areas. Specifically, Tract 2 is limited to the development of office, retail, restaurant, service, and/or commercial uses; Tract 3 allows for the development of townhouse, office, retail, restaurant, service, and/or commercial uses; and Tract 4 allows for the development of multi-family residential, office, retail, restaurant, service, and/or commercial uses. Development standards for Tracts 2, 3, and 4 are listed below. 2.Townhouse Uses: Townhouse units shall be allowed within Tract 3. A maximum of ten units per gross acre of land shall be allowed within the mixed-use area up to a maximum of 250 townhouse units. If portions of the designated mixed-use area are developed with townhouse residential housing types, they shall be developed in accordance with the following requirements. a.Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior Page 113 Item 7. Exhibit C - Page 6 of 15 wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. b. Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u- turn movements back onto a public street. c. Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. d. Residential development intensity: Development intensity shall be in accordance with the following table: Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0’ Min. Side Setback (corner lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of stories* 48’ / 3 * Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 3. Multifamily Uses: Multi-family units shall be allowed within Tract 4. A maximum of fifteen units per gross acre of land shall be allowed up to a maximum of 300 multi-family units within the mixed-use area. If portions of the designated mixed-use area are developed with multi- family residential housing types, they shall be developed in accordance with the following requirements. a. Required Parking: Parking requirements for multi-family development shall be one and one-half spaces per one-bedroom unit, two spaces per two-bedroom unit, two and one-half spaces per three-bedroom unit and one-half space per each additional bedroom per unit. The total required number of spaces for any multi-family development shall not be less than 1.8 spaces per dwelling unit. b. Exterior Façade Building Materials: All buildings within a multi-family development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of Page 114 Item 7. Exhibit C - Page 7 of 15 fifteen percent of the total exterior wall surfaces. c. Controlled Access: All multi-family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular U- turn movements back onto a public street. d. Open Space Requirements: Each lot or parcel developed for multi- family uses shall provide useable open space, as defined in the Town’s Zoning Ordinance, equal to thirty percent of the total multifamily acreage. e. Residential development intensity: Development intensity shall be in accordance with the following table: Development Requirement Multi-family Max. Gross Density 15.0 du/ac Min. Lot Area 10,000 sq. Min. Lot Width 80' Min. Lot Depth 120' Min. Front Setback 25' b Min. Rear Setback 15' b Min. Side Setback (interior lot) 15' Min. Side Setback (corner lot) 25’ b Min. Side Setback (key lot) n/a Max. Lot Coverage 50% Min. Floor Area / Dwelling Unit 650 sq. ft. Max. Building Height / No. of stories* 48’ / 3 * Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 4. Non-residential uses 1. Allowed Uses: Non-residential land uses allowed within the mixed-use area are uses that are permitted in the Neighborhood Service, Office, and Commercial Corridor districts, listed in the Town’s Zoning Ordinance. Additional allowed uses include the following:  Drug Stores/Pharmacies.  Duplicating Centers, Mailing Services, Etc.  Financial Institutions.  Independent Living Facilities.  Laboratory, Medical and Dental.  Nursing Homes.  Post Office Facilities.  Research and Development Center.  Winery.  Optical Stores – Sales and Services.  Mini-Warehouses Shall be allowed by SUP. Page 115 Item 7. Exhibit C - Page 8 of 15 2. Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed- use area as required by the Town’s Zoning Ordinance. 3. Exterior Façade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4. Commercial development intensity: Development intensity for non- residential land uses shall be as follows: i. Floor Area: The allowable floor area of buildings within the mixed-use area shall be unlimited, provided that all conditions described herein are met. ii. Lot Area: The minimum lot area shall be 10,000 square feet. iii. Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. iv. Lot Width: The minimum width of any lot shall be fifty feet. v. Lot Depth: The minimum depth of any lot shall be ninety feet. vi. Front Yard: The minimum depth of the front yard shall be thirty feet. vii. Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty- four-foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot side yard is required adjacent to property zoned for single-family residential uses. viii. Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty- four-foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot rear yard is required adjacent to property zoned for single-family residential uses. ix. Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. Page 116 Item 7. Exhibit C - Page 9 of 15 x. Open Space Requirement for Non-Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. General Conditions a. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including the Town’s Zoning Ordinance and the Town’s Subdivision Ordinance, as they exist or may be amended. All rights-of-way as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. b. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with the Town’s Zoning Ordinance as it exists or may be amended. c. Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. d. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan e. Concept Plan: A Concept Plan is hereby attached as Exhibit D and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit D are approximations and may be modified at the time of final platting. f. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road and University Drive (U.S. 380) shall be subject to the TxDOT review process as required. g. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building façade, trim, or roof surface. Page 117 Item 7. Exhibit C - Page 10 of 15 EXHIBIT “C-1” ARCHITECTURAL DESIGN STANDARDS FOR SINGLE-FAMILY WEST 1. ARCHITECTURE: The exterior of homes shall be designed to be reflective of a traditional architectural style such as French Country or Provincial, English Cottage, Colonial, Tudor, Tuscan, Texas Hill Country/Texas Tuscan, Mediterranean, or Spanish. Transitional interpretations of the aforementioned architectural styles will also be permitted. Modern architecture is prohibited. While a variety of architectural styles are permitted, architectural continuity shall be provided through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. Use of features such as the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details shall be used to individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. With the exception of dormers and Mediterranean or Spanish style homes constructed of stucco, exterior materials shall be 100% masonry (brick, stone, and cast stone) on all walls visible from any street and 80% masonry on each individual non-visible side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. With the exception of Transitional homes, all window headers and sills which are visible from the street or common areas shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets and publicly accessible open space shall be casement divided lite windows. 2.4. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.5. A uniform house number style, house number locations, and mailbox style will be selected by the developer and implemented by the homebuilders. Page 118 Item 7. Exhibit C - Page 11 of 15 2.6. Stone selections shall be either Granbury, Millsap, Leuders, Limestone, Auston Chalk, or similar as approved by the developer. 2.7. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.8. Electrical meters shall be screened from the view of the street or common areas by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs for French Country / European architectural style homes shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Roof sections of less pitch are permitted for Texas Tuscan / Texas Hill County and Transitional architectural style homes. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, imitation slate shingles, clay or concrete tile, or composition 30-year laminated shingles. 3.3. Roof forms shall be limited to gables, hip, Dutch hip or gable, or shed (in conjunction with Texas Hill Country homes). 4. WALLS / FENCING / SCREENING: 4.1. The following fence requirements are applicable to single-family lots. a. Front: Fences extending across the front side yard from the home to the side property line shall be a six-foot (6’) black wrought iron or tubular steel fence. Masonry wing walls may also be used. Where the front yard fence intersects with the side yard fence, a decorative metal corner column shall be constructed. The height of the corner column shall be twelve (12) to eighteen (18) inches greater than the fence and the width of the corner column shall be ten (10) to twelve (12) inches. b. Side: Fences constructed along side property lines between lots shall be board-on-board, stained, and weather-treated with steel posts and be a minimum of six-foot (6’) in height. However, a six-foot (6’) length of black wrought iron or tubular steel fence shall be constructed to serve as a transition between the side yard wood fence and a wrought iron or tubular steel fence constructed across the front side yard or along the rear property line. For corner lots, a side yard fence located adjacent to the street shall be a six-foot (6’) black wrought iron or tubular steel fence. Additionally, to provide a living screen with a minimum height of six feet (6') within two (2) growing seasons, minimum five (5) gallon shrubs shall be generally planted on five (5) foot centers along the entire length of the side yard fence. Shrubs shall be selected from the following or similar species: Nellie R. Stevens Holly, Savannah Holly, Wax Myrtle, Wax Leaf Privet/Ligustrum, Photinia, or Elaeagnus. c. Rear: Where a rear yard of one lot abuts the rear yard of another lot, fences shall be board- on-board, stained, and weather-treated with steel posts and be a minimum of six-foot (6’) Page 119 Item 7. Exhibit C - Page 12 of 15 in height. Where lots back to streets, no fence shall be constructed parallel to a wrought iron or tubular steel fencing along the rear of the lot. d. Fencing Adjacent to Parks, HOA Open Space, and/or Hike and Bike Trails: Where lots side or back to parks, HOA open space, and/or hike and bike trails, fencing abutting the park, HOA open space, and/or hike and bike trail shall be a four-foot (4’) black wrought iron or tubular steel fence. The design of the fence shall be selected by the developer and implemented by the homebuilders. e. Fence Height Transitions: Where side yard fences intersect with front or rear yard fences, fences of different heights shall be transitioned so that the fences are the same height where the fences intersect. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material, a redwood or cedar fence, or landscaping. 4.4. Retaining walls built or abutting front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence or mortar- jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All front entry driveways and sidewalks and steps leading from the public sidewalk or front driveway to the front door shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate with brick or stone borders, or stamped or salt finished concrete with brick or stone borders. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Page 120 Item 7. Exhibit C - Page 13 of 15 EXHIBIT “C-2” ARCHITECTURAL DESIGN STANDARDS FOR SINGLE-FAMILY EAST 1. ARCHITECTURE: Architectural continuity is to be provided through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. EXTERIOR MATERIALS & DETAILING: 2.1. With the execution of dormers and stucco homes, exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.4. A uniform house number style, house number locations, and mailbox style will be selected by the developer and implemented by the homebuilders. 2.5. Stone selections shall be either Granbury, Millsap, Leuders, Limestone, Auston Chalk, or similar as approved by the developer. 2.6. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.7. Electrical meters shall be screened from the view of the street or common areas by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Roof sections of less pitch are permitted for Texas Tuscan / Texas Hill County and Transitional architectural style homes. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, imitation slate shingles, clay tile, or composition 30-year laminated shingles. 3.3. Roof forms shall be limited to gables, hip, Dutch hip or gable, or shed (in conjunction with Texas Hill Country homes). Page 121 Item 7. Exhibit C - Page 14 of 15 4. WALLS / FENCING / SCREENING: 4.1. The following fence requirements are applicable to single-family lots. a. Front: Fences extending across the front side yard from the home to the side property line shall be a six-foot (6’) black wrought iron or tubular steel fence. Masonry wing walls may also be used. Where the front yard fence intersects with the side yard fence, a decorative metal corner column shall be constructed. The height of the corner column shall be twelve (12) to eighteen (18) inches greater than the fence and the width of the corner column shall be ten (10) to twelve (12) inches. b. Side: Fences constructed along side property lines between lots shall be board-on-board, stained, and weather-treated with steel posts and be a minimum of six-foot (6’) in height. However, a six-foot (6’) length of black wrought iron or tubular steel fence shall be constructed to serve as a transition between the side yard wood fence and a wrought iron or tubular steel fence constructed across the front side yard or along the rear property line. For corner lots, a side yard fence located adjacent to the street shall be a six-foot (6’) black wrought iron or tubular steel fence. Additionally, to provide a living screen with a minimum height of six feet (6') within two (2) growing seasons, minimum five (5) gallon shrubs shall be generally planted on five (5) foot centers along the entire length of the side yard fence. Shrubs shall be selected from the following or similar species: Nellie R. Stevens Holly, Savannah Holly, Wax Myrtle, Wax Leaf Privet/Ligustrum, Photinia, or Elaeagnus. c. Rear: Where a rear yard of one lot abuts the rear yard of another lot, fences shall be board-on- board, stained, and weather-treated with steel posts and be a minimum of six-foot (6’) in height. Where lots back to streets, no fence shall be constructed parallel to a wrought iron or tubular steel fencing along the rear of the lot. d. Fencing Adjacent to Parks, HOA Open Space, and/or Hike and Bike Trails: Where lots side or back to parks, HOA open space, and/or hike and bike trails, fencing abutting the park, HOA open space, and/or hike and bike trail shall be a four-foot (4’) black wrought iron or tubular steel fence. The design of the fence shall be selected by the developer and implemented by the homebuilders. e. Fence Height Transitions: Where side yard fences intersect with front or rear yard fences, fences of different heights shall be transitioned so that the fences are the same height where the fences intersect. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material, a redwood or cedar fence, or landscaping. 4.4. Retaining walls built or abutting front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar- jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 3. GARAGES / DRIVEWAYS / WALKWAYS: All front entry driveways and sidewalks and steps leading from the public sidewalk or front driveway to the front door shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, or stamped or broom finished concrete with brick or stone borders. Page 122 Item 7. Exhibit C - Page 15 of 15 4. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 5. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. In addition to the 2 required front yard trees, a minimum of two 4” caliper live oaks or red oaks shall be planted in each side yard space that abuts a street. Page 123 Item 7. Exhibit D EXHIBIT “D” CONCEPT PLAN Page 124 Item 7. Exhibit E EXHIBIT “E” DEVELOPMENT SCHEDULE The anticipated development schedules for the property contained within this PD are:  Single-Family Tract 1 – commencement of first phase immediately upon Town approval of zoning, plat, and construction plans  Mixed-Use Tract 2 – one to two years  Mixed-Use Tract 3 – one to two years  Mixed-Use Tract 4 – commencement upon Town approval of construction plans Dates are approximate and are subject to change due to external forces such as market conditions. Page 125 Item 7. Page 1 of 2 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon authorizing the Mayor execute a Development Agreement between 104 Prosper, 310 Prosper, Prosper Hollow LP & Paramount Soft LP, DD Brookhollow LLC, 55 Prosper and the Town of Prosper, Texas, related to Rutherford Creek development, located on the north side of US 380, west of Custer Road. Description of Agenda Item: On May 10, 2022, the Town Council approved the proposed request, by a vote of 7-0. The purpose of the Development Agreement is for the architectural building materials and certain business establishments prohibited on Lots 2, 3, and 4. 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 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Mayor to execute a Development Agreement 104 Prosper, 310 Prosper, Prosper Hollow LP & Paramount Soft LP, DD Brookhollow LLC, 55 Prosper and the Town of Prosper, Texas, related to Rutherford Creek development, located on the north side of US 380, west of Custer Road. Prosper is a place where everyone matters. PLANNING Page 126 Item 8. Page 2 of 2 Proposed Motion: I move to authorize the Mayor to execute a Development Agreement between 104 Prosper, 310 Prosper, Prosper Hollow LP & Paramount Soft LP, DD Brookhollow LLC, 55 Prosper and the Town of Prosper, Texas, related to Rutherford Creek development, located on the north side of US 380, west of Custer Road. Page 127 Item 8. DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and 104 Prosper and 310 Prosper, Prosper Hollow LP and Paramount Soft LP, DD Brookhollow LLC, and 55 Prosper (collectively, “Owners”), with the Town and Owners collectively referred to as “Parties,” to be effective on the date last executed by any of the Parties (the “Effective Date”). 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, Owners are developing an approximate 277.6-acre tract of land generally located on the north side of U.S. Highway 380, west of Custer Road, in the Town, to be known as Rutherford Creek , more particularly described and depicted in Exhibit A, attached hereto and incorporated by reference (the “Property”); and WHEREAS, the Property was rezoned by the Town Council on or about May 10, 2022, by Ordinance No. 2022-___, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in said Ordinance, as may be amended, and/or this Development Agreement, to recognize Owners’ reasonable investment-backed expectations in the development of the Property, as may be amended, and as more fully described herein; and WHEREAS, subject to the terms of this Agreement, Owners agree and acknowledge that they will not lease, sell or otherwise permit or authorize on Lots 2, 3 and/or 4 of the Property any business enterprises engaging in those businesses referenced in Paragraph 1, below. 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. Certain Business Establishments Prohibited on Lots 2, 3 and 4. Owners agree and acknowledge that they will not lease, sell or otherwise permit or authorize on Lots 2, 3 and 4 of the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug paraphernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, Owners agree and acknowledge that they will not lease, sell or otherwise permit or authorize on Lots 2, 3 and/or 4 of the Property a package liquor store, which for purposes of this Agreement is defined as any business Page 128 Item 8. 2 entity that is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. 2. Building Materials and Architectural Features. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Materials and Architectural Features,” attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. 3. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Owners and their heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other owners of the Property, regardless of whether this Agreement is expressly referenced therein. 4. Applicability of Town Ordinances. Owners shall construct all structures on the Property in accordance with all applicable Town ordinances and building/construction codes, whether now existing or arising prior to such construction in the future. 5. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in d efault 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. 6. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 7. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either par ty hereto shall notify the other: Page 129 Item 8. 3 If to the Town: If to 104 Prosper or 310 Prosper: If to Prosper Hollow LP or Paramount Soft LP: If to DD Brookhollow LLC: 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Secretary 5850 Granite Parkway, Suite 100 Plano, Texas 75024 Attention: Jim Williams 826 Mango Court Coppell, Texas 75019 Attention: Vijay Borra 403 Corporate Center Drive Stockbridge, Georgia 30281 Attention: Lance Chernow If to 55 Prosper: 3794-C Highway 67 West Glen Rose, Texas 76043 Attention: B.F. Hill 8.Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, t he prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 9. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 10.Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 11.Binding Agreement. A telecopied facsimile or pdf of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. 12.Authority to Execute. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full Page 130 Item 8. 4 authority to execute this Agreement and bind the Town to the same. Owners warrant and represent that the individual executing this Agreement on behalf of each Owner has full authority to execute this Agreement and bind each Owner to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 13.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 non -binding mediation. 14.Notification of Sale or Transfer; Assignment of Agreement. Owners have 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 any 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 said 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 a ssignor 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 any Owner shall release said Owner from any liability that resulted from an act or omission by said Owner that occurred prior to the effective date of the assignment. Each Owner shall maintain true and correct copies of all assignments made by said Owner to any Assignee, 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 unde r 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, s hall 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. Page 131 Item 8. 5 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 or pdf signature will also be deemed to constitute an original. 19.Exactions/Infrastructure Costs. Owners have been represented by legal counsel in the negotiation of this Agreement and been advised or ha ve had the opportunity to have legal counsel review this Agreement and advise such Owners regarding Owners’ rights under Texas and federal law. Owners hereby waive any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions, if any, required by the Town in this Agreement are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Owners specifically reserve any right to appeal the apportionment of municipal infrastructure costs in accordance with §212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Owners hereby release the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements, if any, imposed by this Agreement as of the Effective Date. 20.Waiver of Texas Government Code § 3000.001 et seq. With respect to the improvements constructed on the Property pursuant to this Agreement and the building materials and architectural features referenced in Paragraph 2, Owners hereby waive any right, requirement or enforcement of Texas Government Code §§ 3000.001 - 3000.005. 21.Rough Proportionality. Owners hereby waive any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution with respect to infrastructure requirements, if any, imposed by this Agreement as of the Effective Date. Owners and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement, with respect to infrastructure requirements, if any, imposed by this Agreement as of the Effective Date. 22.INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, OWNERS AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TOWN (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMAND, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO OR RESULTING FROM OWNERS’ PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY THEIR NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, Page 132 Item 8. 6 EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM ANY OWNER IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. 23.Approval of Counsel. In its reasonable discretion, the Town shall have the right to approve counsel to be retained by any Owner in fulfilling its obligation hereunder to defend and indemnify the Town. The Town reserves the right to provide a portion or all of it’s own defense, at its sole cost; however, the Town is under no obligation to do so. Any such action by the Town is not to be construed as a waiver of Owners’ obligation to defend the Town or as a waiver of Owners’ obligation to indemnify the Town pursuant to this Agreement. Owners shall retain Town-approved defense counsel within ten (10) business days of the Town’s written notice that the Town is invoking its right to indemnification under this Agreement. 24.Survival. Paragraph 22, “Indemnification,” and Paragraph 23, “Approval of Counsel,” shall survive the termination of this Agreement. 25.Time. Time is of the essence in the performance by the Parties of their respective obligations under this Agreement. 26.Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 27.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 Owners of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 28.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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 133 Item 8. 7 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: David F. Bristol Title: Mayor, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2022, by David F. Bristol, Mayor of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. _____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 134 Item 8. Page 135 Item 8. Page 136 Item 8. Page 137 Item 8. Page 138 Item 8. 12 EXHIBIT A (Property Description) Page 139 Item 8. 13 EXHIBIT B (Building Materials and Architectural Features) Page 140 Item 8. 14 SINGLE-FAMILY RESIDENTIAL TRACT 1 (±169.8 ACRES) Architectural Design Standards and Building Materials for Single-Family West of the Spine Road: 1. Architecture: The exterior of homes shall be designed to be reflective of a traditional architectural style such as French Country or Provincial, English Cottage, Colonial, Tudor, Tuscan, Texas Hill Country/Texas Tuscan, Mediterranean, or Spanish. Transitional interpretations of the aforementioned architectural styles will also be permitted. Modern architecture is prohibited. While a variety of architectural styles are permitted, architectural continuity shall be provided through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. Use of features such as the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features , paint grip sheet metal, copper guttering and European architectural details shall be used to individualize each residence. 2. Exterior Materials & Detailing: 2.1 With the exception of dormers and Mediterranean or Spanish style homes constructed of stucco, exterior materials shall be 100% masonry (defined as brick, stone, and cast stone) on all walls visible from any street and 80% masonry on each individual non-visible side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. With the exception of Transitional homes, all window headers and sills which are visible from the street or common areas shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least six inches (6”) of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets and publicly accessible open space shall be casement divided lite windows. Page 141 Item 8. 15 2.4. Each structure shall have a minimum principal plate height of 10 feet (10’) on the first floor and a minimum plate height of 9 feet (9’) on garages. 2.5. A uniform house number style, house number locations, and mailbox style will be selected by the developer and implemented by the homebuilders. 2.6. Stone selections shall be either Granbury, Millsap, Leuders, Limestone, Auston Chalk, or similar as approved by the developer. 2.7. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.8. Electrical meters shall be screened from the view of the street or c ommon areas by solid fencing or landscape material. 3. Roofing: 3.1. All roofs for French Country / European architectural style homes shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minim um slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Roof sections of less pitch are permitted for Texas Tuscan / Texas Hill County and Transitional architectural style homes. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, imitation slate shingles, clay or concrete tile, or composition 30-year laminated shingles. 3.3. Roof forms shall be limited to gables, hip, Dutch hip or gable, or shed (in conjunction with Texas Hill Country homes). 4. Walls / Fencing / Screening: 4.1. The following fence requirements are applicable to single -family lots. a. Front: Fences extending across the front side yard from the home to the side property line shall be a six-foot (6’) black wrought iron or tubular steel fence. Masonry wing walls may also be used. Where the front yard fence intersects with the side yard fence, a decorative metal corner column shall be constructed. The height of the corner column shall be twelve inches (12”) to eighteen inches (18”) greater than the fence and the width of the corner column shall be ten inches (10”) to twelve inches (12”). Page 142 Item 8. 16 b. Side: Fences constructed along side property lines between lots shall be board-on-board, stained, and weather-treated with steel posts and be a minimum of six-foot (6’) in height. However, a six- foot (6’) length of black wrought iron or tubular steel fence sha ll be constructed to serve as a transition between the side yard wood fence and a wrought iron or tubular steel fence constructed across the front side yard or along the rear property line. c. Rear: Where a rear yard of one lot abuts the rear yard of another lot, fences shall be board-on-board, stained, and weather-treated with steel posts and be a minimum of six feet (6’) in height. Where lots back to streets, no fence shall be constructed parallel to a wrought iron or tubular steel fencing along the rear of the lot. d. Fencing Adjacent to Parks, HOA Open Space, and/or Hike and Bike Trails: Where lots side or back to parks, HOA open space, and/or hike and bike trails, fencing abutting the park, HOA open space, and/or hike and bike trail shall be a four-foot (4’) black wrought iron or tubular steel fence. The design of the fence shall be selected by the developer and implemented by the homebuilders. e. Fence Height Transitions: Where side yard fences intersect with front or rear yard fences, fences of different heights shall be transitioned so that the fences are the same height where the fences intersect. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material, a redwood or cedar fence, or landscaping. 4.4. Retaining walls built or abutting front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. Garages / Driveways / Walkways: All front entry driveways and sidewalks and steps leading from the public sidewalk or front driveway to the front door shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate with brick or stone borders, or stamped or salt finished concrete with brick or stone borders. Page 143 Item 8. 17 Architectural Design Standards and Building Materials for Single-Family East of the Spine Road: 1. Architecture: Architectural continuity is to be provided through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. Exterior Materials & Detailing: 2.1 With the exception of dormers and stucco homes, exterior materials shall be 100% masonry (brick, stone, and cast stone) on all walls facing any street, and 80% masonry on each (non-cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone, or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. Each structure shall have a minimum principal plate height of 10 feet (10’) on the first floor and a minimum plate height of 9 feet (9’) on garages. 2.4. A uniform house number style, house number locations, and mailbox style will be selected by the developer and implemented by the homebuilders. 2.5. Stone selections shall be either Granbury, Millsap, Leuders, Limestone, Auston Chalk, or similar as approved by the developer. 2.6. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.7 Electrical meters shall be screened from the view of the street or common areas by solid fencing or landscape material. 3. Roofing: 3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for Page 144 Item 8. 18 rear and sides not visible from a street or a common area. Roof sections of less pitch are permitted for Texas Tuscan / Texas Hill County and Transitional architectural style homes. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, imitation slate shingles, clay or concrete tile, or composition 30-year laminated shingles. 3.3. Roof forms shall be limited to gables, hip, Dutch hip or gable, or shed (in conjunction with Texas Hill Country homes). 4. Walls / Fencing / Screening: 4.1. The following fence requirements are applicable to single -family lots. f. Front: Fences extending across the front side yard from the home to the side property line shall be a six-foot (6’) black wrought iron or tubular steel fence. Masonry wing walls may also be used. Where the front yard fence intersects with the side yard fence, a decorative metal corner column shall be constructed. The height of the corner column shall be twelve inches (12”) to eighteen inches (18”) greater than the fence and the width of the corner column shall be ten inches (10”) to twelve inches (12”). g. Side: Fences constructed along side property lines between lots shall be board-on-board, stained, and weather-treated with steel posts and be a minimum of six feet (6’) in height. However, a six- foot (6’) length of black wrought iron or tubular steel fence s hall be constructed to serve as a transition between the side yard wood fence and a wrought iron or tubular steel fence constructed across the front side yard or along the rear property line. h. Rear: Where a rear yard of one lot abuts the rear yard of another lot, fences shall be board-on-board, stained, and weather-treated with steel posts and be a minimum of six feet (6’) in height. Where lots back to streets, no fence shall be constructed parallel to a wrought iron or tubular steel fencing along the rear of the lot. i. Fencing Adjacent to Parks, HOA Open Space, and/or Hike and Bike Trails: Where lots side or back to parks, HOA open space, and/or hike and bike trails, fencing abutting the park, HOA open space, and/or hike and bike trail shall be a four-foot (4’) black wrought iron Page 145 Item 8. 19 or tubular steel fence. The design of the fence shall be selected by the developer and implemented by the homebuilders. j. Fence Height Transitions: Where side yard fences intersect with front or rear yard fences, fences of different heights shall be transitioned so that the fences are the same height where the fences intersect. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material, a redwood or cedar fence, or landscaping. 4.4. Retaining walls built or abutting front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. Garages / Driveways / Walkways: All front entry driveways and sidewalks and steps leading from the public sidewalk or front driveway to the front door shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, or stamped or salt finished concrete with brick or stone borders. Page 146 Item 8. 20 ARCHITECTURAL DESIGN STANDARDS AND BUILDING MATERIALS MIXED-USE TRACT 2 (±24.8 ACRES), TRACT 3 (±36.2 ACRES), AND TRACT 4 (±25.2 ACRES) 1. Exterior Façade Building Materials for Townhouse Structures All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent (15%) of the total exterior wall surfaces. 2. Exterior Façade Building Materials for Multi-Family Structures All buildings within a multi-family development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent (15%) of the total exterior wall surfaces. 3. Exterior Façade Building Materials for Non-Residential Structures All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent (20%) of the total exterior wall surfaces. Page 147 Item 8. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Day Care Center (Grace Chapel), on 5.4± acres, located on the southeast corner of FM 1385 and Denton Way. (S22-0005). Description of Agenda Item: On June 28, 2022, the Town Council approved the proposed request, by a vote of 7-0. A Specific Use Permit 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: Town staff recommends approval of an ordinance for a Specific Use Permit (SUP) for a Day Care Center (Grace Chapel), on 5.4± acres, located on the southeast corner of FM 1385 and Denton Way. (S22-0005). Proposed Motion: I move to approve an ordinance for a Specific Use Permit (SUP) for a Day Care Center (Grace Chapel), on 5.4± acres, located on the southeast corner of FM 1385 and Denton Way. (S22-0005). Prosper is a place where everyone matters. PLANNING Page 148 Item 9. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT (SUP) FOR A DAY CARE CENTER LOCATED ON A TRACT OF LAND CONSISTING OF 5.27 ACRES, MORE OR LESS, SITUATED IN THE JOHN MORTON SURVEY, ABSTRACT NUMBER 793, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS; 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 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from the North Texas Conference of the United Methodist Church (“Applicant”) for a Specific Use Permit (SUP) for a Day Care Center, located on a tract of land consisting of 5.27 acres of land, more or less, in the John Morton Survey, Abstract Number 793, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes: 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 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) for a Day Care Center, located on a tract of land consisting of 5.27 acres of land, more or less, in the John Morton Survey, Abstract Number 793, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 149 Item 9. Ordinance No. 2022-__, Page 2 The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with the conceptual development plans, attached hereto as Exhibit “B,” Exhibit “C,” and Exhibit “D,” which are incorporated herein for all purposes as if set forth verbatim. 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, 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 150 Item 9. Ordinance No. 2022-__, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance 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 publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF AUGUST, 2022. ______________________________ Jeff Hodges, Mayor Pro-Tem ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 151 Item 9. F.M. HIGHWAY 1385 ASPHALT ROADWAY80' RIGHT-OF-WAY DENTON WAY592592592 592 591 591591591591 591 590 5 9 0 590590 589589 589 589 58858 8 587587586 5 8 6 586586 585 58 5 5 8 5 585584 5 8 4 58458358 3 5 8 2 58 2 10' UTILITY EASEMENTDOC. NO. 2006-27087O.R.D.C.T.20' WATER EASEMENTDOC. NO. 2015-375P.R.D.C.T.LOT 1410' CROSSTEX EASEMENTDOC. NO. 2006-27086O.R.D.C.T.5' UTILITY EASEMENTDOC. NO. 2018-58247O.R.D.C.T.5' UTILITY EASEMENTDOC. NO. 2018-367P.R.D.C.T.CROSSTIMBERS DRIVE54' RIGHT-OF-WAY LOT 15XLOT 16X 5915905895885875865855845 8 3 5 8 2 5 8 1SSTRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.TRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.ZONING: AGRICULTUREUSE: AGRICULTUREFUTURE USE: CHURH/ ADMIN/ CLASSROOM40'432,459 SQ. FEET9.928 ACRESCALLED 65.133 ACRESDENTON INDEPENDENT SCHOOL DISTRICTDOC. NO. 2017-65208O.R.D.C.T.N 01°38'47" E 685.31 TRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.TRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.CALLED 0.427 ACRESDENTON INDEPENDENT SCHOOL DISTRICTDOC. NO. 2021-174358O.R.D.C.T.CALLED 65.133 ACRESDENTON INDEPENDENT SCHOOL DISTRICTDOC. NO. 2017-65208O.R.D.C.T.BLOCK AUNION PARK PHASE 3A-1DOC. NO. 2018-367P.R.D.C.T.CALLED 69.696 ACRESPULTE HOMES OF TEXAS,L.P.DOC. NO. 2018-104237O.R.D.C.T.LOT 1X, BLOCK 1DRAINAGE EASEMENTARROW BROOKEPHASE 1ADOC. NO. 2015-375P.R.D.C.T.30' RIGHT-OF-WAY DEDICAITONDOC. NO. 2015-375P.R.D.C.T.S 89°54'39" W 641.71'S 00°05'21" E 685.00'N 89°54'39" E 620.95'70' 60'R.O.W. TAKE0GRAPHIC SCALE1 inch = ft.4040804020DATENo.REVISION BYDATE:SHEETFile No. 2020-064CHECKED:MKTDRAWN:MKTDESIGN:1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199ASD4/12/2022GRACE CHAPEL PROSPER FM 1385 & DENTON WAY PROSPER, TX PRELIMINARYCLAYMOORE ENGINEERINGEXHIBIT AEXH-AVICINITY MAPN.T.S.DOVE CREEK CIR.DENTON WAYSITEUNION PARK BLVD.FISHTRAP RD.FM 1385 RIDGE CREEK LN.COUNTYSURVEY:ABSTRACT NO.DENTONJOHN MORTON SURVEY793CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER/DEVELOPER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET,SUITE 104 ,TX 75057PH: 940.222.3009LOTS 1 , BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCONTACT NAME: DREW DONOSKYCONTACT NAME: MASON DECKEREXHIBIT AGRACE CHAPEL PROSPERNORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONPage 152Item 9. Being a 5.27 acre tract of land out of the John Morton Survey, Abstract Number 793, situated in the Town of Prosper, Denton County, Texas, and being a portion of a called 10.35 acre tract of land conveyed to Trustees Of The North Texas Conference Of The United Methodist Church by deed of record in Document Number 2020 -131951 of the Official Records of Denton County, Texas and being more particularly described b y metes and bounds as follows: BEGINNING, at a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” found in the East right-of-way line of Farm-To-Market Road No. 1385, being the Southwest corner of said 10.35 acre tract ; THENCE, N01°38'47"E, along the East right-of-way line of Farm-To-Market Road No. 1385, being the common West line of said 10.35 acre tract, a distance of 685.31 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set at the intersection of the East right-of-way line of Farm-To-Market Road No. 1385 and South margin of Noles Road, being the Southwest corner of a called 0.427 acre tract of land conveyed to Denton Independent School District by deed of record in Document Number 2021-174358 of said Official Records; THENCE, N89°54'39"E, along the South line of said 0.427 acre tract and the South margin of Noles Road, a distance of 620.95 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set at the Southeast corner of said 0.427 acre tract, being the Southwest corner of a called Tract 2 – 0.070 acre tract of land conveyed to Denton Independent School District by deed of record in Document Number 2021 - 114016 of said Official Records; THENCE, S00°05'21"E, leaving the South margin of Noles Road, along the East line of said 10.35 acre tract, a distance of 347.93 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set, from which a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” found at the Southeast corner of said 10.35 acre tract bears S00°05'21"E, a distance of 337.07 feet; THENCE, over and across said 10.35 acre tract, the following two (2) courses and distances: 1. WEST, a distance of 596.30 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set; 2. S01°33'47"W, a distance of 338.14 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set in the South line of said 10.35 acre tract; THENCE, S89°54'39"W, along the South line of said 10.35 acre tract, a distance of 35.65 feet to the POINT OF BEGINNING, and containing an area of 5.27 acres (229,540 square feet) of land, more or less. Page 153 Item 9. PROPOSEDBUILDINGFFE=591.25OUTDOORPLAYGROUNDOUTDOORPLAYGROUNDF.M. HIGHWAY 1385 ASPHALT ROADWAY80' RIGHT-OF-WAY DENTON WAYX CUTZ=591.14TBM 3X CUTZ=591.36TBM 5 CIRSZ=587.43592592592 591 591 591 590 590590 589589 589 588587586 586586 5 8 5 585584 10' CROSSTEX EASEMENTDOC. NO. 2006-27086O.R.D.C.T.5915905895885875865855845 8 3 5 8 2 9'9'9'9'9'9' 5'18'24'20'20'24'20'20'30'12'19.7'24'18'12'24'18' 18'24' 5' 50.64'5'25'30.41'24'50.1'16' 16' 15' 12' 12'R30'R30'R45'R25'R3'R3'R 3 'R3 'R3'R6 ' R 3 'R6'R3'R 6 'R6'R3'R 3 5 'R25'R45'R10'R45'R69'30'24'R30'R30'9'5'18' 95.5' 196'62.5'99.8'8'5'5' 2' OVERHANG 2' OVERHANG 2' OVERHANG SS5' DRAINAGEESMT.SANITARYSEWER MANHOLEFIREHYDRANT25'25' BUILDINGSETBACK50' BUILDINGSETBACK25' LANDSCAPE &ACCESS EASEMENTDISD STREET ESMT.34.7'BRFBRFBRFBRFFIRE HYDRANT10' WATER ESMT.FIREHYDRANT10' WATER ESMT.FIREHYDRANTFDCBRF9'TYP.9'TYP.9'TYP.30' FIRE LANE &ACCESSEASEMENT15' WATERESMT.15'12WATERESMT.25'129.4'59.08'122.64'104.56'122.81'74.7'55.92'5.5'28.9'15'10' SANITARYSEWER ESMT.(16,000 SQ. FT.)(4,640 SQ. FT.)14.7'9'9' 6' 10'25.7'R3'R6'R3'R10'R 6 'R6'R6'R3 'R3'R3'R3'R3'R3'R3'R3'R3'10' WATERESMT.5'R10'R10' 17.67' 10'10.5'5'R5'R5'DUMPSTERENCLOSUREWILL BE CONSTRUCTEDWITH BRICK & STONETO MATCH MAINBUILDING43.75'R4'5'5'5' DRAINAGEESMT.10'15' LANDSCAPESETBACK15'5' LANDSCAPESETBACK5'5' LANDSCAPESETBACK5'25'25' LANDSCAPE &ACCESS EASEMENT5'5' STREET EASEMENTBRF PER CITYDETAIL6'9' TYP. 9' TYP. 9' TYP. 9' TYP. 9' TYP. 9' TYP. 9' TYP.6 FT. HIGH CHAINLINK FENCE70'40'10' TRAIL10' TRAIL30'5'MONUMENT SIGN49.2'PROPOSED PADMOUNTEDTRANSFORMER108.3' 60'R.O.W. TAKE50'35.2'10'R152.6'R220.3'R220'R130.8' 10'10' ELEC. ESMT.R3'R3'R3'R3 'R3 'R3'2' OVERHANG32.5'NO CURBR3'R30'FIRE HYDRANTPROPOSEDLIGHT POLE(TYP.)PROPOSEDLIGHT POLE(TYP.)(4,790 SQ. FT.)19.8'17.67'0GRAPHIC SCALE1 inch = ft.3030603015DATENo.REVISION BYDATE:SHEETFile No. 2020-064CHECKED:MKTDRAWN:MKTDESIGN:1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199ASD4/12/2022GRACE CHAPEL PROSPER FM 1385 & DENTON WAY PROSPER, TX PRELIMINARYCLAYMOORE ENGINEERINGEXHIBIT BSUP VICINITY MAPN.T.S.DOVE CREEK CIR.DENTON WAYSITEUNION PARK BLVD.FISHTRAP RD.FM 1385 RIDGE CREEK LN.TOWN OF PROSPER SITE PLAN GENERAL NOTES:DEVELOPMENT PLAN REVIEW GUIDELINES1.THE BUILDING HEIGHT, WIDTH, LENGTH, AND SQUARE FOOTAGE SHALL BE PROVIDED FOR ALL STRUCTURES ON THE DRAWING.2.THE CLASSIFICATION OF EACH BUILDING SHALL BE IDENTIFIED IN THE DRAWING.3.A MINIMUM OF TWO POINTS OF ACCESS TO THE PROPERTY SPACED NO LESS THAN 140 FEET APART. AMENDMENT 503.1.44.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANY BUILDING FOR HOSE LAY REQUIREMENTS. AMENDMENT 503.1.15.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.16.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTINGOPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30FEET. APPENDIX D1057.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.48.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.49.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.10.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.111.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS, AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300')FOR ALL DEVELOPMENTS AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BEMEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM A HYDRANT-TO-A HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT507.5.112.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE.5" STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.113.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC.AMENDMENT 507.5.114.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONEFIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.115.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OFPARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1WHILE THERE IS AN ARRAY OF BENEFITS TO EMERGENCY RESCUE AND FIREFIGHTING TACTICS, THE FOLLOWING ARE A FEW BASIC SCENARIOS TO EXPLAIN THERATIONALE.1.)LADDER ANGLE IN THE EVENT OF EMERGENCY RESCUE.2.)LADDER ANGLE IN THE EVENT OF ROOF VENTILATION.3.)360° SIZE-UP IS A BASIC PROTOCOL AND PROCEDURE OF THE FIRST ARRIVING OFFICER. THIS ALLOWS FIREFIGHTERS TO SIZE UP THE DANGER(S) TODETERMINE IF ADDITIONAL APPARATUS AND AID WILL BE NEEDED.4.)HOSE LAY MANEUVERABILITY IN THE EVENT OF A HOSE ATTACK; FIREFIGHTERS MUST PULL HOSE(S). IT IS COMMON PRACTICE THROUGHOUT THE INDUSTRY.UNFORTUNATELY, THERE IS NO ORDERLY OR SINGLE APPROACH TO STRETCHING HOSE OUT WHEN A BUILDING IS ON FIRE.5.)STAGING RESCUE EQUIPMENT AND VENTILATION FANS, TOOLS, THE MANEUVERABILITY OF EMS EQUIPMENT, AND SO FORTH.16.AN AUTOMATIC FIRE SPRINKLER SYSTEM WILL BE REQUIRED FOR THE PROPOSED BUILDINGS IF THE SQUARE FOOTAGE EXCEEDS 5,000 SQUARE FEET TO THEDRIP LINE ON EACH LOT OR THE OCCUPANT LOAD WITHIN THE ASSEMBLY OCCUPANCY EXCEEDS 100 PEOPLE. AMENDMENT 903.2.11.9.WATER METER SCHEDULEIDTYP.SIZENO.SAN. SEWERDOM.2"26"IRR.1"2N/A21COUNTYSURVEY:ABSTRACT NO.DENTONJOHN MORTON SURVEY793CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER/DEVELOPER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET,SUITE 104 ,TX 75057PH: 940.222.3009LOTS 1 , BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCONTACT NAME: DREW DONOSKYCONTACT NAME: MASON DECKERSUP SITE PLANGRACE CHAPEL PROSPERNORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONACCORDING TO MAP NO. 48121C0410G, DATED APRIL 18, 2011 OF THENATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAPOF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY,FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.FLOODPLAIN NOTEPARKING SUMMARYPARKING REQUIREDCHURCH = 300 / 3 SEATS = 100CLASSROOM = 6*1.5 = 9ADMIN/DAYCARE = 21CHILDREN = 142130 SPACESPARKING PROVIDED137 SPACESADA REQUIRED5 SPACESADA PROVIDED5 SPACESSITE SUMMARY TABLE:LEGENDLIGHT DUTY CONCRETE PAVEMENTCONCRETE SIDEWALKPROPOSED CONCRETE CURB AND GUTTERPROPOSED FIRE LANE STRIPING PERCITY STANDARDSPARKING COUNTDUMPSTER DUTY CONCRETE PAVEMENTFIRE LANE CONCRETE PAVEMENT PERTOWN OF PROSPER STANDARDS10PUBLIC CONCRETE SIDEWALKPER CITY DETAILSHEAVY DUTY CONCRETE PAVEMENTPLAYGROUND SUMMARYPLAYGROUND AREAREQUIRED = 65 SF / KID= 142 KIDS * 65 SF9,230 SFPLAYGROUND AREA PROVIDED9,430 SFPage 154Item 9. PROPOSED BUILDING FFE=591.25 FUTURE EXPANSION OUTDOOR PLAYGROUND TRACT 2 CALLED 39.4269 ACRES LEIDECKER PROPERTIES LTD. DOC. NO. 2006-42667 O.R.D.C.T. TRACT 2 CALLED 39.4269 ACRES LEIDECKER PROPERTIES LTD. DOC. NO. 2006-42667 O.R.D.C.T. 592 592 592591591591590590590589589589588587586586586585585 584591 590 589 588 587 586 585 584 583582581S 6 FT. WIDE CURB CUT WITH 15'x15' RIPRAP 6 FT. WIDE CURB CUT WITH 15'x15' RIPRAP 6 FT. WIDE CURB CUT WITH 15'x15' RIPRAP SWALE LANDSCAPE BERM CONNECT TO ROOF DRAINS 10" Ø PVC @ MIN. 1.00% SLOPE CONNECT TO ROOF DRAINS F.M. HIGHWAY 1385ASPHALT ROADWAY80' RIGHT-OF-WAYDENTON WAY ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////6 LO 5 QM 6 GA 32 IB 2 BRO 2 BRO 2 BRO 2 BRO 2 BRO 2 BRO 10 LO 10 QM 42 GA 32 IB 19 GA 1 CE 1 CE 1 CE 1 CE 1 CE 1 CE 2 CE 2 CE 211 IB 99 GA 165 IB 23 DW2 23 IB 40 VC40 GA 3-31-22 L HINIRSTEAC CTTESADETST AIREG 61 O F 9 8 ET XE R LDRE CAANDS E EP A E CELANDSCAPE PLANTINGLP-1 GENERAL PLANTING NOTES 1. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN). BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. 2. CONSTRUCT AND MAINTAIN FINISH GRADES IN LANDSCAPE AREAS AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 3. ENSURE THAT THE GRADE IN SHRUB AREAS SHALL BE 2" BELOW FINISH GRADE AFTER INSTALLING SOIL AMENDMENTS, AND 1" BELOW FINISH GRADE IN SOD AREAS AFTER INSTALLING SOIL AMENDMENTS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL. 4. INSTALL 5 OUNCE, WOVEN, NEEDLE-PUNCHED POLYPROPYLENE FABRIC (DeWITT "PRO-5" OR EQUAL) UNDER ALL MULCHED AREAS AND INDIVIDUAL TREE RINGS. 5. INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING BEDS AND TREE RINGS. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE. 6. INSTALL 14G, GREEN STEEL EDGING BETWEEN ALL PLANTING BEDS AND TURF AREAS, AND BETWEEN GROUNDCOVERS AND OTHER PLANTS (WHERE INDICATED ON THE PLAN). 7. HYDROMULCH ALL DISTURBED AREAS OUTSIDE OF PROPERTY LIMITS (UNLESS SHOWN AS SOD). 8. ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS, ETC.). 9. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE. 10.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS). 11. PLANTS MAY BE INSPECTED AND APPROVED OR REJECTED ON THE JOBSITE BY THE OWNER OR OWNER'S REPRESENTATIVE. 12. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. 13. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHAL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL STAND OF GRASS AT NO ADDITIONAL COST TO THE OWNER. 14. TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: A. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. B. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. C. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. 15. SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS. (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P DATENo.REVISIONBYDATE: SHEET CHECKED: DRAWN: DESIGN:GRACE CHAPEL PROSPERFM 1385 & DENTON WAYPROSPER, TXFile No:1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS FIRM #14199 STREET FRONTAGE: FM 1385 346 LF TREES @ 1 / 30 LF:11 TREES REQUIRED 11 TREES PROVIDED SHRUBS @ 15 / 30 LF:165 SHRUBS REQUIRED 165 SHRUBS REQUIRED NOLES ROAD 600 LF 1 / 30 LF:20 TREES REQUIRED 20 TREES PROVIDED SHRUBS @ 15 / 30 LF:300 SHRUBS REQUIRED 300 SHRUBS REQUIRED PARKING LOT TOTAL PARKING SPACES:144 REQUIRED INTERIOR LANDSCAPE AREA: 2,160 SF (15 SF / PARKING SPACE) PROVIDED INTERIOR LANDSCAPE AREA: 3,225 SF 1 TREE PROVIDED AT THE TERMINUS OF EACH PARKING BAY ADDITIONAL SHRUBS PROVIDED AS A SOLID LIVING SCREEN PERIMETER LANDSCAPE EAST PROPERTY LINE 346 LF TREES REQUIRED (1 ORNAMENTAL TREE / 15 LF):23 TREES PROVIDED:23 SHRUBS REQUIRED (1 SHRUBS/15 LF): 23 SHRUBS PROVIDED:23 SOUTH PROPERTY LINE 600 LF TREES REQUIRED (1 ORNAMENTAL TREE / 15 LF):40 TREES PROVIDED:40 SHRUBS REQUIRED (1 SHRUBS/15 LF): 40 SHRUBS PROVIDED:40 LANDSCAPE CALCULATIONS TREES CODE COMMON / BOTANICAL NAME SIZE CONTAINER QTY EX Existing Tree to Remain existing existing 2 reference TD sheets DW2 Desert Willow / Chilopsis linearis CONT. 3"Cal 23 min. 12' ht; buffer tree BRO Burr Oak / Quercus macrocarpa CONT. 3"Cal 12 min. 12' ht; parking lot tree QM Texas Red Oak / Quercus texana CONT. 3"Cal 15 min. 12' ht; street tree LO Live Oak / Quercus virginiana CONT. 3"Cal 16 min. 12' ht; street Tree CE Cedar Elm / Ulmus crassifolia CONT. 3"Cal 10 min. 12' ht; parking lot tree VC Chaste Tree / Vitex agnus-castus CONT. 3"Cal 40 Purple; Multi-trunk SHRUBS CODE COMMON / BOTANICAL NAME SIZE QTY GA Glossy Abelia / Abelia grandiflora 5 gal 206 36" o.c.; min. 24" ht. IB Burford Holly / Ilex cornuta `Burfordii` 10 gal.462 min. 36" ht; 30" o.c. GROUND COVERS CODE COMMON / BOTANICAL NAME SIZE QTY BG Bermuda Grass / Cynodon dactylon hydro 62,888 sf CD Bermuda Grass / Cynodon dactylon `tif 419` sod 54,282 sf PLANT_SCHEDULE 0 GRAPHIC SCALE 1 inch = 30 ft. 30 30 6015 THE CONTRACTOR SHALL INSTALL ROOT BARRIERS NEAR ALL NEWLY-PLANTED TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. ROOT BARRIERS SHALL BE "CENTURY" OR "DEEP-ROOT" 24" DEEP PANELS (OR EQUAL). BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. INSTALL PANELS PER MANUFACTURER'S RECOMMENDATIONS. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE THAT COMPLETELY ENCIRCLE THE ROOTBALL. ROOT BARRIERS AFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 3" THICK LAYER OF 1-1/2" SHREDDED WOOD MULCH OVER LANDSCAPE FABRIC IN ALL PLANTING AREAS (EXCEPT FOR TURF AND SEEDED AREAS). CONTRACTOR SHALL SUBMIT SAMPLES OF ALL MULCHES TO LANDSCAPE ARCHITECT AND OWNER FOR APPROVAL PRIOR TO CONSTRUCTION. ABSOLUTELY NO EXPOSED GROUND SHALL BE LEFT SHOWING ANYWHERE ON THE PROJECT AFTER MULCH HAS BEEN INSTALLED. MULCHES PLANTING AND IRRIGATION GUARANTEE THE LANDSCAPE CONTRACTOR SHALL GUARANTEE THAT ALL NEWLY INSTALLED AND EXISTING PLANTS SHALL SURVIVE FOR ONE YEAR AFTER FINAL OWNER ACCEPTANCE OF THE INSTALLATION WORK. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR APPROPRIATE WATERING OF THE LANDSCAPE THROUGH INSTALLATION OF A PROPERLY DESIGNED IRRIGATION SYSTEM. THE OWNER SHALL APPROVE THE SYSTEM DESIGN BEFORE INSTALLATION OF PLANTS OR IRRIGATION. Page 155 Item 9. 8 WEED FABRIC UNDER MULCH.8 B SCALE: NTS SHRUB AND PERENNIAL PLANTING 7 6 5 3" HIGH EARTHEN WATERING BASIN. UNDISTURBED NATIVE SOIL. ROOT BALL. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. FINISH GRADE. MULCH, TYPE AND DEPTH PER PLANS. PLACE NO MORE THAN 1" OF MULCH WITHIN 6" OF PLANT CENTER. SHRUB, PERENNIAL, OR ORNAMENTAL GRASS. 3 2 1 4 7 6 5 1 2 3 2X X 4 C SCALE: NTS PLANT SPACING EQUAL EDGE OF PLANTING AREAEQUAL EQUALNOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS. AREA DIVIDER PLANT SPACING TO DETERMINE NO. OF PLANTS 6"0.25 8"0.45 10"0.69 12"1 15"1.56 18"2.25 24"4 30"6.25 36"9 EXAMPLE: PLANTS AT 18" O.C. IN 100 SF OF PLANTING AREA = 100/2.25 = 44 PLANTSEQUALTURF (WHERE SHOWN ON PLAN).4 PLANT.3 MULCH LAYER.2 CURB.1 1 432 OF MATURE CANOPY 24" MIN. TO EDGE DISTANCE PER PLAN E SCALE: NOT TO SCALE HEDGE PLANTING AT PARKING AREA FINISH GRADE.13 13 NON-CONIFEROUS TREE A SCALE: NOT TO SCALE TREE PLANTING 12 5 3 2 5 3X ROOTBALL DIA. 4 1 11 10 9 8 7 6 4 2 STAKING EXAMPLES (PLAN VIEW) PREVAILING WINDS CONIFEROUS TREE TRUNK FLARE. 4" HIGH EARTHEN WATERING BASIN. UNDISTURBED NATIVE SOIL. ROOT BALL. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. WEED FABRIC UNDER MULCH. MULCH, TYPE AND DEPTH PER PLANS. DO NOT PLACE MULCH WITHIN 6" OF TRUNK. PRESSURE-TREATED WOOD DEADMAN, TWO PER TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND 18" MIN. INTO UNDISTURBED SOIL. 24" X 3/4" P.V.C. MARKERS OVER WIRES. GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO UNDISTURBED SOIL. CINCH-TIES (24" BOX TREES AND SMALLER) OR 12 GAUGE GALVANIZED WIRE WITH NYLON TREE STRAPS AT TREE AND STAKE (36" BOX TREES AND LARGER). SECURE TIES OR STRAPS TO TRUNK JUST ABOVE LOWEST MAJOR BRANCHES. TREE CANOPY. 3 2 1 NOTES: 1. SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE. 2. REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE ROOT FLARE IS 2"-3" ABOVE FINISH GRADE. 3. FOR BALLED-AND-BURLAPPED TREES, REMOVE WIRE BASKET AND BURLAP BEFORE BACKFILLING. 4. REMOVE ALL NURSERY STAKES AFTER PLANTING. 5. FOR TREES OVER 3" CALIPER AND TREES 36" BOX AND LARGER, USE THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE. 6. STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT IN WIND. PREVAILING WINDS 12 10 11 9 8 1 4 7 6 5 B. GENERAL PLANTING 1. REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS. 2. EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE. 3. TRENCHING NEAR EXISTING TREES: a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). b. ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. c. ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. d. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. C. TREE PLANTING 1. TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO INCHES. 2. SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE. 3. FOR CONTAINER TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL. 4. INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO THREE INCHES ABOVE THE SURROUNDING GRADE. 5. BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, IMPORT ADDITIONAL TOPSOIL FROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. 6. THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES: a. 15 - 30 GAL TREES TWO STAKES PER TREE b. 45 - 100 GAL TREES THREE STAKES PER TREE c. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, POSITIONED AS NEEDED TO STABILZE THE TREE 7. UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTH PER PLANS). D. SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING 1. DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS. 2. INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THE WEED BARRIER CLOTH IN PLACE. 3. WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS, COVERING THE ENTIRE PLANTING AREA. E. SODDING 1. SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN. 2. LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN. 3. LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES. 4. ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH. 5. WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD. F. HYDROMULCHING 1. THE HYDROMULCH MIX (PER 1,000 SF) SHALL BE AS FOLLOWS: a. WINTER MIX (OCTOBER 1 - MARCH 31) 50# CELLULOSE FIBER MULCH 2# UNHULLED BERMUDA SEED 2# ANNUAL RYE SEED 15# 15-15-15 WATER SOLUBLE FERTILIZER b. SUMMER MIX (APRIL 1 - SEPTEMBER 30) 50# CELLULOSE FIBER MULCH 2# HULLED BERMUDA SEED 15# 15-15-15 WATER SOLUBLE FERTILIZER G. CLEAN UP 1. DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2. DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. H. INSPECTION AND ACCEPTANCE 1. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 3. WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 4. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. I. LANDSCAPE MAINTENANCE 1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. 2.SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHAL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF GRASS AT NO ADDITIONAL COST TO THE OWNER. 3. TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. J. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS 1. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD, SEEDED/HYDROMULCHED AREAS, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY. 2. AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS. K. PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. GENERAL A. QUALIFICATIONS OF LANDSCAPE CONTRACTOR 1. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING. 2. A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. 3. THE LANDSCAPE CONTRACTOR MUST HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXAS DEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSE ISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD. B. SCOPE OF WORK 1. WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS. 2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. 3. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. PRODUCTS A. ALL MANUFACTURED PRODUCTS SHALL BE NEW. B. CONTAINER AND BALLED-AND-BURLAPPED PLANTS: 1. FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2004. PROVIDE WELL-SHAPED, FULLY BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS. 2. ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED, FIBROUS ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). 3. ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL. 4. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING. 5. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER. 6. MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. 7. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. C. SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. D. SEED: PROVIDE BLEND OF SPECIES AND VARIETIES AS NOTED ON THE PLANS, WITH MAXIMUM PERCENTAGES OF PURITY, GERMINATION, AND MINIMUM PERCENTAGE OF WEED SEED AS INDICATED ON PLANS. EACH BAG OF SEED SHALL BE ACCOMPANIED BY A TAG FROM THE SUPPLIER INDICATING THE COMPOSITION OF THE SEED. E. TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS, AND SEEDS. F. COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL-BASED PRODUCTS SHALL BE USED. G. PLANTING MIX: AN EQUAL PART MIXTURE OF TOPSOIL, SAND AND COMPOST. H. FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTING AGENCY (SEE BELOW). I. MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OF TREES AND SHRUBS. J. WEED FABRIC: 5 OUNCE, WOVEN, NEEDLE-PUNCHED FABRIC, SUCH AS DEWITT PRO5 LANDSCAPE FABRIC (OR APPROVED EQUAL). K. TREE STAKING AND GUYING 1. STAKES: 6' LONG GREEN METAL T-POSTS. 2. GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER. 3. STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE. L. STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL. M. PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. METHODS A. SOIL PREPARATION 1. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. 2. SOIL TESTING: a. AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. EACH SAMPLE SUBMITTED SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL. b. CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOIL SAMPLES. c. THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (AS APPROPRIATE): GENERAL SOIL PREPARATION AND BACKFILL MIXES, PRE-PLANT FERTILIZER APPLICATIONS, AND ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE. 3. THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT. 4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING: a. TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. AMMONIUM PHOSPHATE 16-20-0 - 15 LBS PER 1,000 S.F. iii. AGRICULTURAL GYPSUM - 100 LBS PER 1,000 S.F. b. TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. 12-12-12 FERTILIZER - 10 LBS. PER CU. YD. iii. AGRICULTURAL GYPSUM - 10 LBS. PER CU. YD. iv. IRON SULPHATE - 2 LBS. PER CU. YD. 5. CONTRACTOR SHALL ENSURE THAT THE GRADE IN SOD AREAS SHALL BE 1" BELOW FINISH GRADE AFTER INSTALLING SOIL AMENDMENTS, AND 2" BELOW FINISH GRADE IN SHRUB AREAS AFTER INSTALLING SOIL AMENDMENTS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL. 6. ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL. PLANTING SPECIFICATIONS LANDSCAPE DETAILS &SPECIFICATIONS3-31-22 L HINIRSTEAC CTTESADETST AIREG 61 O F 9 8 ET XE R LDRE CAANDS E EP A E CELP-2 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P DATENo.REVISIONBYDATE: SHEET CHECKED: DRAWN: DESIGN:GRACE CHAPEL PROSPERFM 1385 & DENTON WAYPROSPER, TXFile No:1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS FIRM #14199 TOWN OF PROSPER MAINTENANCE STANDARDS A. THE OWNER, TENANT AND/OR THEIR AGENT, IF ANY, SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING REQUIRED BY THIS ORDINANCE. ALL PLANT MATERIAL SHALL BE PERPETUALLY MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT MATERIALS THAT DIE SHALL BE REPLACED BY PROPERTY OWNER, TENANT OR AGENT WITH PLANT MATERIAL OF SIMILAR VARIETY AND SIZE, WITHIN THIRTY (30) DAYS OF NOTIFICATION BY THE TOWN OR A DATE APPROVED BY THE TOWN. B. ALL TREES LOCATED ON TOWN PROPERTY SHALL BE CARED FOR BY THE TOWN UNLESS THAT RESPONSIBILITY IS TRANSFERRED TO ANOTHER ENTITY THROUGH A COUNCIL-APPROVED AGREEMENT. THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT SHALL ENSURE THAT THE TOWN, OR ITS CONTRACTOR, MONITORS AND CARES FOR TREES IN A WAY THAT PROMOTES A HEALTHY AND GROWING URBAN FOREST, IS PERFORMED ACCORDING TO ANSI A300, “STANDARDS FOR TREE CARE OPERATIONS,” AND TREE CARE BEST MANAGEMENT PRACTICES PUBLISHED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURE. IT SHALL BE UNLAWFUL TO REMOVE, PRUNE, DAMAGE OR OTHERWISE HARM TREES ON TOWN PROPERTY WITHOUT PERMISSION FROM THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT. THE PARKS AND RECREATION DEPARTMENT SHALL BE RESPONSIBLE FOR DEVELOPING AND UPDATING AN ANNUAL WORK PLAN. THIS WORK PLAN SHALL DOCUMENT WHAT MAINTENANCE ACTIVITIES ARE BEING PERFORMED AND SCHEDULED EACH YEAR. THE PARKS AND RECREATION BOARD MAY APPOINT AN ADVISORY COMMITTEE TO FOCUS ON ISSUES AND INITIATIVES THAT PERTAIN TO ANY URBAN FOREST THAT IS LOCATED ON PUBLIC LANDS. 1)Plant material shall be measured and sized according to the latest edition of the Texas Nursery & Landscape Association (TNLA) Specifications, Grades and Standards. 2) All plant substitutions are subject to Town approval and must be specified on the approved landscape plan. 3) All turf areas to be established prior to the Certificate of Occupancy, unless otherwise approved by the Town. 4) Ground covers used in lieu of turf grass must provide complete coverage within one (1) year of planting and maintain adequate coverage as approved by the Town. 5) Trees must be planted four (4) feet or greater from curbs, sidewalks, utility lines, screening walls, and/or other healthy root growth. 6) Tree pits shall have roughened sides and be two to three times wider than the root ball of the tree in order to facilitate healthy root growth. 7) Tree pits shall be tested for water percolation. If water does not drain out of tree pit within a 24-hour period, the contractor shall provide berming, or devise alternative drainage. 8) Trees shall not be planted deeper than the base of the “trunk flare”. 9) The tree pit shall be backfilled with native topsoil free of rock and other debris. 10) Burlap, twine, and wire baskets shall be loosened and pulled back from the trunk of tree as much as possible. 11) Trees shall not be watered to excess that results in soil saturation. If soil becomes saturated, the watering schedule shall be adjusted to allow for drainage and absorption of the excess water. 12) A 3-4” layer of mulch shall be provided around the base of the planted tree. The mulch shall be pulled back 1-2” from the trunk of the tree. 13) No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death of a tree. 14) Topsoil shall be a minimum of eight (8) inches in depth in planting areas. Soil shall be free of stones, roots, and clods and any other foreign material that is not beneficial for plant growth. 15) All plant beds shall be top-dressed with a minimum of three (3) inches of mulch. 16)Trees overhanging walks and parking shall have a minimum clear trunk height of seven (7) feet. Trees overhanging public street pavement drive aisles and fire lanes shall have a minimum clear trunk height of fourteen (14) feet. 17) A visibility triangle must be provided at all intersections, where shrubs are not to exceed thirty (30) inches in height, and trees shall have a minimum clear trunk height of nine (9) feet. 18) Trees planted on a slope shall have the tree well at the average grad of slope. 19) No shrubs shall be permitted within areas less than three (3) feet in width. All beds less than three (3) feet in width shall be grass, groundcover, or some type of fixed paving. 20) The owner, tenant, and/or their agents, if any, shall be jointly and severally responsible for the maintenance, establishment, and permanence of plant material. All landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not limited to, mowing, edging, pruning, fertilizing, watering, and other activities necessary for the maintenance of landscaped areas. 21) All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material that is damaged, destroyed, or removed shall be replaced with plant material of similar size and variety within thirty (30) days unless otherwise approved in writing by the Town of Prosper. 22) Landscape and open areas shall be kept free of trash, litter, and weeds. 23) An automatic irrigation system shall be provided to irrigate all landscape areas. Overspray on streets and walks is prohibited. A permit from the Building Inspection Division is required for each irrigation system. 24) No plant material shall be allowed to encroach on right-of-way, sidewalks, or easements to the extent that the vision or route of travel for vehicular, pedestrian, or bicycle traffic is impeded. 25) No planting areas shall exceed 3:1 slope (3 ft Horizontal to 1 ft Vertical). 26) Earthen berms shall not include construction debris. Contractor must correct slippage or damage to the smooth finish grad of the berm prior to acceptance. 27) All walkways shall meet ADA and TAS requirements. 28) Contact Town of Prosper Parks and Recreation Division at (972) 569-1160 for landscape inspection. Note that landscape installation must comply with approved landscape plans prior to final acceptance by the Town and/or obtaining a Certificate of Occupancy. 29) Final inspection and approval of screening walls, irrigation, and landscape is subject to all public utilities, including but not limited to manholes, valves, water meters, cleanouts, and other appurtenances, to be accessible, adjusted to grade, and to the Town of Prosper’s Public Works Department standards. 30) Prior to calling for a landscape inspection, the contractor is responsible for marking all manholes, valves, water meters, cleanouts, and other utility appurtenances with flagging for field verification by the Town. TOWN OF PROSPER GENERAL LANDSCAPE NOTES Page 156 Item 9. PROPOSED BUILDING FFE=591.25 FUTURE EXPANSION OUTDOOR PLAYGROUND TRACT 2 CALLED 39.4269 ACRES LEIDECKER PROPERTIES LTD. DOC. NO. 2006-42667 O.R.D.C.T. CALLED 65.133 ACRES DENTON INDEPENDENT SCHOOL DISTRICT DOC. NO. 2017-65208 O.R.D.C.T. TRACT 2 CALLED 39.4269 ACRES LEIDECKER PROPERTIES LTD. DOC. NO. 2006-42667 O.R.D.C.T. TRACT 2 CALLED 39.4269 ACRES LEIDECKER PROPERTIES LTD. DOC. NO. 2006-42667 O.R.D.C.T. JOHN MOR T O N S U R V E Y , ABSTRACT N O . 7 9 3 4680 4681 4682 4683 4687 4685 4686 592 592 592592591591591591591591590590590590589589589589588588587587 586586586586585585585585 584584584583583582582CALLED 0.427 ACRES DENTON INDEPENDENT SCHOOL DISTRICT DOC. NO. 2021-174358 O.R.D.C.T.10' CROSSTEX EASEMENTDOC. NO. 2006-27086O.R.D.C.T.LOT 16X591 590 589 588 587 586 585 584 583582581S 6 FT. WIDE CURB CUT WITH 15'x15' RIPRAP 6 FT. WIDE CURB CUT WITH 15'x15' RIPRAP 6 FT. WIDE CURB CUT WITH 15'x15' RIPRAP SWALE LANDSCAPE BERM CONNECT TO ROOF DRAINS 10" Ø PVC @ MIN. 1.00% SLOPE CONNECT TO ROOF DRAINS JOHN MOR T O N S U R V E Y , ABSTRACT N O . 7 9 3F.M. HIGHWAY 1385ASPHALT ROADWAY80' RIGHT-OF-WAYDENTON WAY/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////4680 4681 4682 4683 4687 4685 4686 TREE DISPOSITION PLANTD-1 3-31-22 L HINIRSTEAC CTTESADETST AIREG 61 O F 9 8 ET XE R LDRE CAANDS E EP A E CE(800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P DATENo.REVISIONBYDATE: SHEET CHECKED: DRAWN: DESIGN:GRACE CHAPEL PROSPERFM 1385 & DENTON WAYPROSPER, TXFile No:1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS FIRM #14199 STATUS LOCATION MITIGATION OFF-SITE X 0 GRAPHIC SCALE 1 inch = 40 ft. 20 804040 X RETAIN REMOVE ON-SITE ON-SITE ON-SITE RETAIN RETAIN RETAIN RETAIN RETAIN RETAIN OFF-SITE OFF-SITE OFF-SITE OFF-SITE X “I Daniel Reece, being a Texas landscape architect attest that the identification and size of trees identified on this survey are correct and that all Protected Trees have been shown. Signature: ____________________________ Date: ________________3-1-22 FLOODPLAIN % NO NO NO NO NO NO NO NO - - - - - - - - - - - - - - - - NOTE: NO MITIGATION REQUIRED DUE TO SPECIES OF REMOVED TREE. Page 157 Item 9. TREE DISPOSITIONTD-2SPECIFICATIONS3-31-22 L HINIRSTEAC CTTESADETST AIREG 61 O F 9 8 ET XE R LDRE CAANDS E EP A E CE(800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P DATENo.REVISIONBYDATE: SHEET CHECKED: DRAWN: DESIGN:GRACE CHAPEL PROSPERFM 1385 & DENTON WAYPROSPER, TXFile No:1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS FIRM #14199 TREES THAT ARE MARKED TO BE PRESERVED ON A SITE PLAN AND FOR WHICH UTILITIES MUST PASS TROUGH THEIR ROOT PROTECTION ZONES MAY REQUIRE TUNNELING AS OPPOSED TO OPEN TRENCHES. THE DECISION TO TUNNEL WILL BE DETERMINED ON A CASE BY CASE BASIS BY THE ENGINEER. TUNNELS SHALL BE DUG THROUGH THE ROOT PROTECTION ZONE IN ORDER TO MINIMIZE ROOT DAMAGE. A SCALE: NOT TO SCALE TREE PROTECTION FENCE - ELEVATION BORING THROUGH ROOT PROTECTION ZONE SCALE: NOT TO SCALEB TREE PROTECTION SPECIFICATIONS MATERIALS 1. FABRIC: 4 FOOT HIGH ORANGE PLASTIC FENCING AS SHOWN ON THE PLANS AND SHALL BE WOVEN WITH 2 INCH MESH OPENINGS SUCH THAT IN A VERTICAL DIMENSION OF 23 INCHES ALONG THE DIAGONALS OF THE OPENINGS THERE SHALL BE AT LEAST 7 MESHES. 2. POSTS: POSTS SHALL BE A MINIMUM OF 72 INCHES LONG AND STEEL 'T' SHAPED WITH A MINIMUM WEIGHT OF 1.3 POUNDS PER LINEAR FOOT. 3. TIE WIRE: WIRE FOR ATTACHING THE FABRIC TO THE T-POSTS SHALL BE NOT LESS THAN NO. 12 GAUGE GALVANIZED WIRE, 4. USED MATERIALS: PREVIOUSLY-USED MATERIALS, MEETING THE ABOVE REQUIREMENTS AND WHEN APPROVED BY THE OWNER, MAY BE USED. CONSTRUCTION METHODS ALL TREES AND SHRUBS (SHOWN TO REMAIN) WITHIN THE PROXIMITY OF THE CONSTRUCTION SITE SHALL BE PROTECTED PRIOR TO BEGINNING ANY DEVELOPMENT ACTIVITY. EMPLOY THE SERVICES OF AN ISA (INTERNATIONAL SOCIETY OF ARBORICULTURE) CERTIFIED ARBORIST (AND OBTAIN ALL REQUIRED PERMITS) TO PRUNE THE EXISTING TREES FOR CLEANING, RAISING AND THINNING. ENSURE ALL TREES RECEIVE A COMMERCIAL-GRADE ROOT STIMULATOR APPLICATION AFTER PRUNING. PROTECTIVE FENCING SHALL BE ERECTED OUTSIDE THE DRIPLINE AT LOCATIONS SHOWN IN THE PLANS OR AS DIRECTED BY THE LANDSCAPE CONSULTANT AND/OR CITY ARBORIST OR IN ACCORDANCE WITH THE DETAILS SHOWN ON THE PLANS AT THE DRIP LINE OF TREES (ROOT PROTECTION ZONE, RPZ) AND/OR LANDSCAPE PLANT MATERIAL INCLUDING NATURAL AREAS. FENCING SHALL BE MAINTAINED AND REPAIRED BY THE CONTRACTOR DURING SITE CONSTRUCTION. PROTECTIVE FENCE LOCATIONS IN CLOSE PROXIMITY TO STREET INTERSECTIONS OR DRIVES SHALL ADHERE TO THE APPLICABLE JURISDICTION'S SIGHT DISTANCE CRITERIA. THE PROTECTIVE FENCING SHALL BE ERECTED BEFORE SITE WORK COMMENCES AND SHALL REMAIN IN PLACE DURING THE ENTIRE CONSTRUCTION PHASE. THE INSTALLATION POSTS WILL BE PLACED EVERY 6 FEET AROUND THE DRIP LINE OR RPZ AND EMBEDDED TO 18 INCHES DEEP. FABRIC ATTACHMENT SHALL BE ATTACHED TO THE INSTALLATION POSTS BY THE USE OF SUFFICIENT WIRE TIES TO SECURELY FASTEN THE FABRIC TO THE 'T-POSTS' TO HOLD THE FABRIC IN A STABLE AND UPRIGHT POSITION. 1. DO NOT CLEAR, FILL OR GRADE IN THE RPZ OF ANY TREE. 2. DO NOT STORE, STOCKPILE OR DUMP ANY JOB MATERIAL, SOIL OR RUBBISH UNDER THE SPREAD OF THE TREE BRANCHES. 3. DO NOT PARK OR STORE ANY EQUIPMENT OR SUPPLIES UNDER THE SPREAD OF THE TREE BRANCHES. 4. DO NOT SET UP ANY CONSTRUCTION OPERATIONS UNDER THE SPREAD OF THE TREE BRANCHES (EX. PIPE CUTTING AND THREADING, MORTAR MIXING, PAINTING OR LUMBER CUTTING). 5. DO NOT NAIL OR ATTACH TEMPORARY SIGNS METERS, SWITCHES, WIRES, BRACING OR ANY OTHER ITEM TO THE TREES. 6. DO NOT PERMIT RUNOFF FROM WASTE MATERIALS INCLUDING SOLVENTS, CONCRETE WASHOUTS, ASPHALT TACK COATS (MC-30 OIL), ETC. TO ENTER THE RPZ. BARRIERS ARE TO BE PROVIDED TO PREVENT SUCH RUNOFF SUBSTANCES FROM ENTERING THE RPZ WHENEVER POSSIBLE, INCLUDING IN AN AREA WHERE RAIN OR SURFACE WATER COULD CARRY SUCH MATERIALS TO THE ROOT SYSTEM OF THE TREE. ROUTE UNDERGROUND UTILITIES TO AVOID THE RPZ. IF DIGGING IS UNAVOIDABLE, BORE UNDER THE ROOTS, OR HAND DIG TO AVOID SEVERING THEM. THE CONTRACTOR SHOULD AVOID CUTTING ROOTS LARGER THAN ONE INCH IN DIAMETER WHEN EXCAVATION OCCURS NEAR EXISTING TREES. EXCAVATION IN THE VICINITY OF TREES SHALL PROCEED WITH CAUTION. REMOVE ALL TREES, SHRUBS OR BUSHES TO BE CLEARED FROM PROTECTED ROOT ZONE AREAS BY HAND. TREES DAMAGED OR LOST DUE TO CONTRACTOR'S NEGLIGENCE DURING CONSTRUCTION SHALL BE MITIGATED AT THE CONTRACTOR'S EXPENSE AND TO THE PROJECT OWNER'S SATISFACTION. ANY TREE REMOVAL SHALL BE APPROVED BY THE OWNER PRIOR TO ITS REMOVAL. COVER EXPOSED ROOTS AT THE END OF EACH DAY WITH SOIL, MULCH OR WET BURLAP. IN CRITICAL ROOT ZONE AREAS THAT CANNOT BE PROTECTED DUING CONSTRUCTION AND WHERE HEAVY TRAFFIC IS ANTICIPATED, COVER THOSE AREAS WITH EIGHT INCHES OF ORGANIC MULCH TO MINIMIZE SOIL COMPACTION. THIS EIGHT INCH DEPTH OF MULCH SHALL BE MAINTAINED THROUGHOUT CONSTRUCTION. WATER ALL TREES, MOST HEAVILY IMPACTED BY CONSTRUCTION ACTIVITIES, DEEPLY ONCE A WEEK DURING PERIODS OF HOT DRY WEATHER. SPRAY TREE CROWNS WITH WATER PERIODICALLY TO REDUCE DUST ACCUMULATION ON THE LEAVES. WHEN INSTALLING CONCRETE ADJACENT TO THE ROOT ZONE OF A TREE, USE A PLASTIC VAPOR BARRIER BEHIND THE CONCRETE TO PROHIBIT LEACHING OF LIME INTO THE SOIL. WHEN AN EXCAVATION OR EMBANKMENT IS PLACED WITHIN THE DRIPLINE OF ANY TREE GREATER THAN EIGHT INCHES IN DIAMETER, A TREE WELL SHALL BE CONSTRUCTED TO PROTECT THE TREE AS INDICATED, WHEN THE CUT OR FILL EXCEEDS EIGHT INCHES. WHERE PAVING OR FILLING IS NECESSARY WITHIN THE DRIPLINE OF ANY TREE EIGHT INCHES OR GREATER, A PERMEABLE PAVEMENT AND AERATION SYSTEM MUST BE INSTALLED. CONTRACTOR SHALL REMOVE AND DISPOSE OF ALL TREE PROTECTION FENCING WHEN ALL THREATS TO THE EXISTING TREES FROM CONSTRUCTION-RELATED ACTIVITIES HAVE BEEN REMOVED. TREE PROTECTION REQUIREMENTS 1. A ROOT PROTECTION ZONE WILL BE ESTABLISHED AROUND EACH TREE OR ANY VEGETATION TO BE PRESERVED. THE ROOT PROTECTION ZONE SHALL BE AN AREA DEFINED BY THE RADIUS EXTENDING OUTWARD FROM THE TRUNK OF THE TREE A DISTANCE OF ONE (1) LINEAR FOOT FOR EACH INCH DIAMETER INCH AT BREAST HEIGHT (4.5') OF THE TREE. EXAMPLE: A 10-INCH DIAMETER TREE WILL HAVE A 10 FOOT RADIUS ROOT PROTECTION ZONE. 2. NO WORK SHALL BEGIN WERE TREE PROTECTION FENCING HAS NOT BEEN COMPLETED AND APPROVED. TREE PROTECTION FENCING SHALL BE INSTALLED, MAINTAINED AND REPAIRED BY THE CONTRACTOR DURING CONSTRUCTION. THE FENCING WILL BE A MINIMUM OF 4' HEIGHT. 3. ALL ROOTS LARGER THAN ONE-INCH IN DIAMETER ARE TO BE CUT CLEANLY. FOR OAKS ONLY, ALL WOUNDS SHALL BE PAINTED WITH WOUND SEALER WITHIN 30 MINUTES. 4. EXPOSED ROOTS SHALL BE COVERED AT THE END OF THE WORK DAY USING TECHNIQUES SUCH AS COVERING WITH SOIL, MULCH OR WET BURLAP. 5. NO EQUIPMENT, VEHICLES OR MATERIALS SHALL BE OPERATED OR STORED WITHIN THE ROOT PROTECTION ZONE. NO CLEAN-OUT AREAS WILL BE CONSTRUCTED SO THAT THE MATERIAL WILL BE IN OR MIGRATE TO THE ROOT PROTECTION ZONE. 6. NO GRADE CHANGE MORE THAN 3" IS ALLOWED WITHIN THE ROOT PROTECTION ZONE. 7. ROOTS OR BRANCHES IN CONFLICT WITH CONSTRUCTION SHALL BE CUT CLEANLY ACCORDING TO PROPER PRUNING METHODS. ALL WOUNDS SHALL BE PAINTED WITHIN 30 MINUTES TO PREVENT OAK WILT INFECTION (OAK TREES ONLY). 8.ANY TREE REMOVAL SHALL BE APPROVED BY THE LOCAL JURISDICTION'S ARBORIST. 9.TREES WHICH ARE DAMAGED OR LOST DUE TO THE CONTRACTOR'S NEGLIGENCE DURING CONSTRUCTION SHALL BE REPLACED WITH TREE QUANTITIES AND SIZES ACCEPTABLE TO THE LOCAL JURISDICTION. 10. TREES MUST BE MAINTAINED IN GOOD HEALTH THROUGHOUT THE CONSTRUCTION PROCESS. MAINTENANCE MAY INCLUDE WATERING THE ROOT PROTECTION ZONE AND/OR WASHING FOLIAGE. 11. NO WIRES, NAILS OR OTHER MATERIALS MAY BE ATTACHED TO PROTECTED TREES. 12. THE ROOT PROTECTION ZONE SHALL BE PRESERVED AT NATURAL GRADE. NO CUTTING, FILLING, TRENCHING, ROOT DISTURBANCE, SOIL DISTURBANCE, OR CONSTRUCTION SHALL OCCUR CLOSER TO THE TRUNK THAN ONE-HALF (1/2) THE ROOT PROTECTION ZONE RADIUS EXCEPT IN PARKING AREAS, WHERE APPROVED ALTERNATIVE MATERIALS AND METHODS MAY BE USED AND CONSTRUCTION MAY OCCUR AS CLOSE AS FIVE (5) FEET FROM THE ROOT FLARES ON ONE SIDE OF THE TREE. NATIVE UNDERSTORY VEGETATION WITHIN THE ROOT PROTECTION ZONE SHALL BE PRESERVED, HOWEVER THE REQUIREMENT DOES NOT APPLY TO ROOT PROTECTION ZONE AREAS THAT HAVE BEEN LANDSCAPED. THE ROOT PROTECTION ZONE MAY BE SHIFTED AND CLUSTERED AS LONG AS THERE IS NO CONSTRUCTION CLOSER TO THE TRUNK THAN ONE-HALF (1/2) THE ROOT PROTECTION ZONE RADIUS. THE CONSTRUCTION OF SIDEWALKS SHALL BE ALLOWED IN THE ROOT PROTECTION ZONE, AS LONG AS EXCAVATION DOES NOT EXCEED THREE (3) INCHES. 13. DURING CONSTRUCTION ACTIVITY ON SITE, AT LEAST A SIX-INCH LAYER OF A COARSE MULCH SHALL BE PLACED AND MAINTAINED OVER THE ROOT PROTECTION ZONE. THE IMPERVIOUS COVER MAY ENCROACH WITHIN THE ROOT PROTECTION ZONE IF SAID ENCROACHMENT IS APPROVED BY THE ARBORIST. TUNNEL TO MINIMIZE ROOT DAMAGE (TOP) AS OPPOSED TO SURFACE-DUG TRENCHES IN ROOT PROTECTION ZONE WHEN THE 5' MINIMUM DISTANCE FROM TRUNK CAN NOT BE ACHIEVED. TREES THAT ARE MARKED TO BE PRESERVED ON A SITE PLAN AND FOR WHICH UTILITIES MUST PASS TROUGH THEIR ROOT PROTECTION ZONES MAY REQUIRE TUNNELING AS OPPOSED TO OPEN TRENCHES. THE DECISION TO TUNNEL WILL BE DETERMINED ON A CASE BY CASE BASIS BY THE ENGINEER. TUNNELS SHALL BE DUG THROUGH THE ROOT PROTECTION ZONE IN ORDER TO MINIMIZE ROOT DAMAGE. OPEN TRENCHING MAY BE USED IF EXPOSED TREE ROOTS DO NOT EXCEED 3" OR ROOTS CAN BE BENT BACK. 12" MIN & 48" MAX DEPTH Page 158 Item 9. 8'-0"2"24'-0"7'-4"12'-0"4'-0"12'-0"4'-0"12'-0"12'-0"12'-0"9'-4"7'-11 1/2"2'-0"14'-9"2'-0"8'-1 1/2"5'-2"12'-0"4'-0"23'-4"4'-5 7/8"116'-8"34'-10"21'-2"2'-1"6'-0"6'-0"1'-0"7'-0"4'-2" 4" 8'-0"1'-0"5'-0"5'-0"21'-11"25'-4"8'-0"7'-0"4"1'-0"3'-0"1'-0"GRADE = 100'-0"T.O. STONE = 106'-0"T.O. AWNING = 113'-1"T.O. ENTRY COLUMN = 118'-0"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"4'-0 3/8"60°60°60°60°STONE, ST-1METAL COPING, MT-3METAL LOUVEREDSCREENING WALL, MT-5RTU, BEYONDRTU, BEYONDSTONE, ST-1SOLAR SHADE, MT-2VERTICAL WALLPANEL, FC-1STONE, ST-1VERTICAL WALLPANEL, FC-1LINE OF ROOF,BEYONDHORIZONTAL WALLPANEL, FC-2METAL COPING, MT-34"VERTICAL WALLPANEL, FC-12'-10 3/4"21'-1"2 1/4"METAL LADDER, MT-7METAL CANOPY, MT-1METAL CANOPY, MT-1VERTICAL WALLPANEL, FC-1STONE, ST-1METAL STOREFRONT, MT-4PAINTED CONCRETEPANEL, C-1HORIZONTAL WALLPANEL, FC-2RTU, BEYONDVERTICAL WALLPANEL, FC-1STONE, ST-1METALSTOREFRONT, MT-4METAL COPING, MT-3V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1METAL LOUVEREDSCREENING WALL, MT-5,WITH RTU BEYOND2'-10 3/4" 3'-10 3/4"METAL LOUVEREDSCREENING WALL, MT-5;RTU, BEYOND T.O. SCREEN WALL = 134'-3 3/4"4'-1 3/4"196'-0" T.O. CANOPY = 115'-4 1/2"T.O. CANOPY ROOF = 125'-4 1/2"2'-3 1/2" 1'-4"METAL LOUVERED SCREENINGWALL, MT-5, WITH RTU BEYOND3'-5 1/4" 3'-11" 3'-0 1/2" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0"JJJJ2'-0"4" 'FIRE RISER' VINYLSIGNAGE ON DOORFDC; COORDINATEWITH FIRE MARSHALGAS METER ANDLINE UP TO ROOF;PAINT TO MATCHVERTICAL FIBERCEMENT BOARD2"17'-10"62'-8"20'-0"12'-0"22'-8"12'-0"7'-10"7'-6"25'-4"8'-0"2 7/8"85°4'-8 3/8"60°33'-4"74'-6"METAL LADDER, MT-7METAL SCUPPER &DOWNSPOUT, MT-64"7'-0"1'-0"6'-0"6'-0"12'-0"2'-10"6'-4"2'-10"BACK SIDE OF METALLOUVERED SCREENINGWALL, MT-5RTU & CONDENSINGUNITRTU & CONDENSINGUNITGRADE = 100'-0"T.O. STONE = 106'-0" T.O. SOLAR SHADE = 113'-0"T.O. CANOPY = 114'-0"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"SOLAR SHADE, MT-2METAL STOREFRONT,MT-4METAL CANOPY,MT-1VERTICAL WALLPANEL, FC-1HORIZONTAL WALLPANEL, FC-2STONE, ST-1VERTICAL WALL PANEL, FC-12"PAINTED CONCRETEPANEL, C-1METAL CANOPY, MT-1METAL COPING, MT-3VERTICAL WALLPANEL, FC-1METAL COPING, MT-323'-0"LINE OF ROOF,BEYONDRTU, BEYONDRTU, BEYOND2'-1"V-2V-1V-2V-1V-2V-1BACK SIDE OF METALLOUVERED SCREENINGWALL, MT-53'-10 3/4" 2'-7 1/2" 1'-3" T.O. SCREEN WALL = 136'-0"3'-11"METAL FENCE INFOREGROUND (WHITE)LINE OF ROOF, BEYOND4'-1 3/4"RTUBACK SIDE OF METALLOUVERED SCREENINGWALL, MT-52'-10 3/4" 1'-0"1'-0" 1'-0"JJJJGRADE = 100'-0"METAL FENCE INFOREGROUND(WHITE)T.O. STONE = 106'-0" T.O. SOLAR SHADE = 113'-0"T.O. CANOPY = 114'-0" T.O. ENTRY COLUMN = 118'-0"T.O. CANOPY ROOF = 125'-0"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"25'-2"7'-4"12'-0"4'-0"16'-0"4'-0"12'-0"7'-4"12'-0"2"2'-1"6"9'-6"8"20'-0"6'-0"6'-0"7'-0"21'-1"2 1/4"2'-10 3/4" 4"3'-4"1'-0"14'-4"6'-0" 4'-0"STONE, ST-1METAL CANOPY, MT-1PAINTED CONCRETEPANEL, C-1SOLAR SHADE, MT-2METAL COPING, MT-3HORIZONTAL WALLPANEL, FC-2METAL LOUVEREDSCREENING WALL,MT-5CONDENSING UNITRTU, BEYONDMETAL COPING, MT-3STONE, ST-1VERTICAL WALL PANEL, FC-1RTU, BEYONDMETAL CANOPY, MT-1STONE, ST-1VERTICAL WALL PANEL, FC-174'-8"6'-3 1/2"2'-0"5'-9 1/2"2'-1"85°60°METALSTOREFRONT,MT-4METAL STOREFRONT,MT-4METAL STOREFRONT,MT-4METAL STOREFRONT,MT-4METAL STOREFRONT,MT-4V-2V-1V-2V-1V-2 T.O. SCREEN WALL = 136'-0"1'-0"4'-2"LINE OF ROOF, BEYOND4'-1 3/4"1'-0"JMETAL LADDER, MT-7GRADE = 100'-0"T.O. STONE = 106'-0"T.O. AWNING = 113'-1"T.O. ENTRY COLUMN = 118'-0"T.O. CANOPY ROOF = 125'-4 1/2"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"20'-8"14'-0"10'-0 5/8"10'-0"90'-6"55'-10"12'-0"2'-10"6'-4"2'-10"STONE, ST-1METAL SCUPPER &DOWNSPOUT, MT-6PAINTED CONCRETEPANEL, C-1SOLAR SHADE, MT-2METAL COPING, MT-3VERTICAL WALLPANEL, FC-1METAL COPING, MT-3STONE, ST-1METAL COPING, MT-3METAL LOUVEREDSCREENING WALL, MT-5;RTU, BEYONDHORIZONTAL WALLPANEL, FC-2VISION GLASS, V-2METAL CANOPY, MT-1METAL CANOPY, MT-1RTU, BEYONDMETAL SCUPPER &DOWNSPOUT, MT-6METAL SCUPPER &DOWNSPOUT, MT-6VERTICAL WALL PANEL, FC-18"22'-4"2'-1"5'-9 1/2"2'-0"4'-5"85°60°LINE OF ROOF,BEYONDMETAL STOREFRONT, MT-4V-2V-11'-2"108'-3 1/2"RTU, BEYONDCONDENSING UNITLINE OF ROOF, BEYOND T.O. SCREEN WALL = 134'-3 3/4"3'-11"METAL FENCE INFOREGROUND (WHITE)1'-2 1/2"A3.1BUILDING ELEVATIONSSTONE; ST-1 (CREAM)HORIZONTAL WALL PANEL, FC-2(WHITE)VERTICAL WOOD-LOOK WALLPANEL, FC-1 (BROWN)CONCRETE PANEL; C-1 (WHITE)METAL CANOPY, MT-1 (WHITE)VISION GLASS, V-1 (GRAY)METAL SOLAR SHADE, MT-2(WHITE)METAL COPING, MT-3 (WHITE)* REFER SPECIFICATIONS FOR ADDITIONAL INFORMATIONMETAL STOREFRONT, MT-4 (WHITE)MATERIAL LEGENDSCALE:1/8"=1'-0"EAST ELEVATION2A3.1SCALE:1/8"=1'-0"WEST ELEVATION1A3.1SCALE:1/8"=1'-0"SOUTH ELEVATION3A3.1SCALE:1/8"=1'-0"NORTH ELEVATION4A3.1VISION GLASS, V-2 (DARKER GRAY)(FRONT ELEVATION)METAL LOUVERED SCREENING WALL, MT-5(WHITE)METAL SCUPPER & DOWNSPOUT, MT-6(WHITE)METAL ROOF LADDER, MT-7 (WHITE)4/14/2022 4:02:34 PMProject No:Drawn By:Checked By:Designed By:CONFIDENTIAL & PROPRIETARY ©2022 EIKON Consulting Group LLC. All rights reserved - do not duplicate without permission DCBA54321www.eikoncg.comTexas Firm F-12759ARCHITECTS & ENGINEERSNOT F O R C O N S T R U C T I O N TDLR #EIKON Consulting Group1405 West Chapman DriveSanger, Texas 76266Phone 940.458.7503Issue Record# Description Date GRACE CHAPEL PROSPER PROSPER, TEXAS 20086EXHIBIT 'D'FACADE PLANIssued Date:<Blank>IN PRO G R E S SAMPAMPJBB THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OFANN PINKHAM, TX 28330 ON 01/12/2022. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING,ORPERMIT PURPOSES.EXHIBIT 'D'OWNER/DEVELOPER:NORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONAPPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 46021PH: 817.281.0572CONTACT NAME: DREW DONOSKYARCHITECT:EIKON CONSULTING GROUP, LLC1405 WEST CHAPMAN DRIVESANGER, TX 76266PH: 940.458.7503CONTACT NAME: ANN PINKHAMEAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE #104TX 75057PH: 940.222.3009CONTACT NAME: MASON DECKERSURVEYOR:LEGAL DESCRIPTION:LOTS 1, BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCOUNTY:SURVEY:JOHN MORTON SURVEYABSTRACT NO.793CITY:TOWN OF PROSPERSTATE:TEXASDENTONDATE: 04/18/2022GRACE CHAPEL PROSPERFACADE PLAN NOTES1. SEE FACADE PLAN SHEET A3.2 FOR NOTES,ABBREVIATIONS, AND MATERIAL CALCULATIONS.2. SEE 11x17 SAMPLE BOARD [EXHIBIT A] FORPROPOSED MATERIALS.Page 159Item 9. J104'- 6 1/2"108'-3 1/2"414'-1 1/2"11° 3.7°2.7°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTPARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTGRADEWEST PROPERTY LINE (ALONG FM 1385)EAST PROPERTY LINE6'-0"0.5°PARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTPARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENT15°6'-0"122' - 8"196'-0"58'-11 1/4"PARAPET BLOCKS SIGHT LINETO HVAC EQUIPMENT8.4°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTGRADENORTH PROPERTY LINE(ALONG DENTON WAY)SOUTH PROPERTY LINE1.6°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTGRADE = 100'-0"STONE (ST-1) OVER 8"CMUELEVATION = 108'-0"METAL COPING, MT-317'-8"GRADE = 100'-0"STONE (ST-1) OVER 8"CMUELEVATION = 108'-0"METAL COPING, MT-3GRADE = 100'-0"STONE (ST-1) OVER 8"CMU1'-4"ELEVATION = 108'-0"METAL COPING, MT-315'-0" (INSIDE CLEAR)13'-10"METAL GATE (WHITE)6" TUBE METAL POSTAND HINGE (WHITE)7'-8"1'-4"7"7"PAINTED STEELHORIZONTAL AND CROSSBRACE (WHITE)6'-8 1/2"4"6'-8 1/2"1"4"17'-8"1'-4"15'-0" (INSIDE CLEAR)1'-4"17'-8"1'-4"15'-0" (INSIDE CLEAR)1'-4"104'- 6 1/2"108'-3 1/2"414'-1 1/2"7.9°6.8°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTPARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTGRADEWEST PROPERTY LINE (ALONG FM 1385)EAST PROPERTY LINE6'-0" 0.5°PARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTPARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTJJJJ2.1°0.6°A3.2DUMPSTERELEVATIONS, SIGHTLINE STUDY, &MATERIALCALCULATIONSSCALE:1/32 "= 1'-0"EAST/ WEST CROSS SIGHT LINE STUDY FROM PROPERTY LINES2A3.2SCALE:1/32" = 1'-0"NORTH / SOUTH CROSS SIGHT LINE STUDY FROM PROPERTY LINES1A3.2SCALE:1/8 "= 1'-0"NORTHEAST DUMPSTER ELEVATION3A3.2SCALE:1/8 "= 1'-0"NORTHWEST DUMPSTER ELEVATION4A3.2SCALE:1/8 "= 1'-0"SOUTHWEST DUMPSTER ELEVATION5A3.2FACADE PLAN NOTES1. ABBREVIATIONS FOR ELEVATIONS:T.O. = TOP OF REFERENCE PLANEB.O. = BOTTOM OF REFERENCE PLANE2. VARIATIONS IN DIMENSIONING MAY EXIST BETWEEN EDGE OF FOUNDATION ANDFACE OF EXTERIOR BUILDING MATERIAL AT GRADE LEVEL. ON ELEVATIONS, THEINITIAL HORIZONTAL DIMENSION STRING IS FOR MATERIALS AND THE SECONDDIMENSION STRING TIES BACK TO THE EDGE OF FOUNDATION.3. SIGHT LINES ARE ESTABLISHED FROM 6'-0" ABOVE GRADE AT PROPERTY LINE.4. SEE 11x17 SAMPLE BOARD [EXHIBIT A] FOR PROPOSED MATERIALS.5. THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANSREQUIRE REVIEW FROM BUILDING INSPECTIONS DIVISION.6. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOPMOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL OR SCREENINGWALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONINGORDINANCE.7. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TOMATCH THE BUILDING.8. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THEBUILDING INSPECTIONS DIVISION.9. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TENPERCENT (10%).10. ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVALBY THE TOWN OF PROSPER.11. A MINIMUM 4'-0" x 4'-0" BUILDING MATERIAL MOCK-UP BOARD MUST BECONSTRUCTED AT WORK SITE AND INSPECTED BY THE PLANNING DIVISION PRIORTO VERTICAL CONSTRUCTION.(LOOKING NORTH)(LOOKING WEST)STONE; ST-1 (CREAM)HORIZONTAL WALL PANEL, FC-2 (WHITE)VERTICAL WOOD-LOOK WALL PANEL, FC-1 (BROWN)CONCRETE PANEL; C-1 (WHITE)METAL CANOPY, MT-1 (WHITE)VISION GLASS, V-1 (GRAY)METAL SOLAR SHADE, MT-2 (WHITE)METAL COPING, MT-3 (WHITE)* REFER SPECIFICATIONS FOR ADDITIONAL INFORMATIONMETAL STOREFRONT, MT-4 (WHITE)MATERIAL LEGENDVISION GLASS, V-2 (DARKER GRAY)METAL LOUVERED SCREENING WALL, MT-5 (WHITE)METAL SCUPPER & DOWNSPOUT, MT-6 (WHITE)METAL ROOF LADDER, MT-7 (WHITE)4/14/2022 4:02:34 PMProject No:Drawn By:Checked By:Designed By:CONFIDENTIAL & PROPRIETARY ©2022 EIKON Consulting Group LLC. All rights reserved - do not duplicate without permission DCBA54321www.eikoncg.comTexas Firm F-12759ARCHITECTS & ENGINEERSNOT F O R C O N S T R U C T I O N TDLR #EIKON Consulting Group1405 West Chapman DriveSanger, Texas 76266Phone 940.458.7503Issue Record# Description Date GRACE CHAPEL PROSPER PROSPER, TEXAS 20086EXHIBIT 'D'FACADE PLANIssued Date:<Blank>IN PRO G R E S SAMPAMPJBB THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OFANN PINKHAM, TX 28330 ON 01/12/2022. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING,ORPERMIT PURPOSES.EXHIBIT 'D'OWNER/DEVELOPER:NORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONAPPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 46021PH: 817.281.0572CONTACT NAME: DREW DONOSKYARCHITECT:EIKON CONSULTING GROUP, LLC1405 WEST CHAPMAN DRIVESANGER, TX 76266PH: 940.458.7503CONTACT NAME: ANN PINKHAMEAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE #104TX 75057PH: 940.222.3009CONTACT NAME: MASON DECKERSURVEYOR:LEGAL DESCRIPTION:LOTS 1, BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCOUNTY:SURVEY:JOHN MORTON SURVEYABSTRACT NO.793CITY:TOWN OF PROSPERSTATE:TEXASDENTONDATE: 04/18/2022GRACE CHAPEL PROSPERBUILDING EXTERIOR ELEVATION MATERIAL CALCULATIONSNORTH ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS521 SQ. FT.19%2. HORIZONTAL WALL PANELS160 SQ. FT. 6%3. CONCRETE PANELS983 SQ. FT.35%4. MISCELLANEOUS DETAILING METALS224 SQ. FT. 8%5. METAL SCREENING 85 SQ. FT. 3%6.STONE818 SQ. FT.29%NET SURFACE ELEVATION AREA 2,792 SQ. FT 100%7. GLAZING SURFACE AREA196 SQ. FT.TOTAL SURFACE ELEVATION AREA 2,988 SQ. FT.SOUTH ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS 1,710 SQ. FT.59%2. HORIZONTAL WALL PANELS 220 SQ. FT. 7%3. CONCRETE PANELS 396 SQ. FT.14%4. MISCELLANEOUS DETAILING METALS 208 SQ. FT. 7%5. METAL SCREENING 62 SQ. FT. 2%6.STONE 312 SQ. FT.11%NET SURFACE ELEVATION AREA 2,908 SQ. FT. 100%7. GLAZING SURFACE AREA 73 SQ. FT.TOTAL ELEVATION AREA 2,981 SQ. FT.EAST ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS1,896 SQ. FT.41%2. HORIZONTAL WALL PANELS160 SQ. FT. 3%3. CONCRETE PANELS 1,870 SQ. FT.40%4. MISCELLANEOUS DETAILING METALS314 SQ. FT. 7%5. METAL SCREENING118 SQ. FT. 2%6.STONE312 SQ. FT. 7%NET SURFACE ELEVATION AREA 4,670 SQ.FT. 100%7. GLAZING SURFACE AREA153 SQ. FT.TOTAL ELEVATION AREA4,823 SQ. FT.WEST ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS 1,167 SQ.FT.28%2. HORIZONTAL WALL PANELS394 SQ. FT. 9%3. CONCRETE PANELS499 SQ. FT.12%4. MISCELLANEOUS DETAILING METALS422 SQ. FT.10%5. METAL SCREENING224 SQ. FT. 5%6.STONE 1,542 SQ. FT.36%NET SURFACE ELEVATION AREA 4,248 SQ. FT. 100%7. GLAZING SURFACE AREA715 SQ. FT.TOTAL ELEVATION AREA 4,963 SQ. FT.OVERALL BUILDINGMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS 5,294 SQ. FT.36%2. HORIZONTAL WALL PANELS934 SQ. FT. 6%3. CONCRETE PANELS 3,748 SQ. FT.25%4.MISCELLANEOUS DETAILING METALS 1,168 SQ. FT. 8%5. METAL SCREENING 833 SQ. FT. 5%6.STONE 2,984 SQ. FT.20%NET SURFACE ELEVATION AREA 14,618 SQ. FT. 100%7. GLAZING SURFACE AREA 1,137 SQ. FT.8. TOTAL ELEVATION AREA 15,755 SQ. FT.*CALCULATED PERCENTAGE AREA OF EACH MATERIAL IS CALCULATED AGAINST THE NET SURFACE AREASCALE:1/32 "= 1'-0"EAST/ WEST CROSS SIGHT LINE STUDY FROM PROPERTY LINES6A3.2(LOOKING SOUTH)(LOOKING SOUTH)(LOOKING NORTH)(LOOKING EAST)Page 160Item 9. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon authorizing the Mayor to execute a Development Agreement between North Texas Conference of the United Methodist Church, and the Town of Prosper, Texas, related to the Grace Chapel Prosper development, located on the southeast corner of FM 1385 and Denton Way. Description of Agenda Item: On June 28, 2022, the Town Council approved the proposed request, by a vote of 7-0. The purpose of the Development Agreement is for the architectural building materials. 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 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Mayor to execute a Development Agreement between North Texas Conference of the United Methodist Church, and the Town of Prosper, Texas, related to the Grace Chapel Prosper development, located on the southeast corner of FM 1385 and Denton Way. Proposed Motion: I move to authorize the Mayor to execute a Development Agreement between North Texas Conference of the United Methodist Church, and the Town of Prosper, Texas, related to the Grace Chapel Prosper development, located on the southeast corner of FM 1385 and Denton Way. Prosper is a place where everyone matters. PLANNING Page 161 Item 10. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and the North Texas Conference of the United Methodist Church (“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 a day care center on an approximate 5.4-acre tract at Grace Chapel, located at on the southeast corner of FM 1385 and Denton Way (the “Property”), and a depiction of the Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the foregoing Property was rezoned by the Town Council on or about June 28, 2022, when the Town Council approved a specific use permit on the Property, 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. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Elevation Plan” and “Façade Plan,”all of which are attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. 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 162 Item 10. 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. Rough Proportionality. Owner hereby agrees that any land or property donated and/or dedicated to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as may be reflected in any Final Plat), relative to any development on the Property is rou ghly proportional to the need for such land and Owner hereby waives any claim therefor that it may have. Owner further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Owner and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 5. Exactions/Infrastructure Costs. Both the Town and Owner have been represented by legal counsel in the negotiation of this Agreement and been advised or each has had the opportunity to have legal counsel review thi s Agreement and advise them, regarding Owner’s and the Town’s rights under Texas and federal law. Owner and the Town hereby waive any requirement that the other retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Owner specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code and any exemptions from impact fees under current or future law; however, notwithstanding the foregoing and to the extent permitted by law, Owner hereby releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. 6. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party 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. Page 163 Item 10. 3 7.Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Denton County, Texas. 8.Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: If to Owner: The Town of Prosper 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Secretary North Texas Conference of the United Methodist Church P.O. Box 866128 Plano, Texas 75080 Attention: Keith Wolverton 9.Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 10. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 11.Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 12.Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 13.Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to Page 164 Item 10. 4 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. 14.Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Denton County, Texas. 15.Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 16.Notification of Sale or Transfer; Assignment of Agreement. Except with respect to a sale or transfer to a related entity of Owner, 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. Except with respect to a sale or transfer to a related entity of Owner, 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 and/or the building has been constructed on the Property as provided in 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 such transfer. No assignment by Owner shall release Owner from any liability that resulted from an act or 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. 17.Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 18.Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent Page 165 Item 10. 5 of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 19.Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20.Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. 21.Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor owner of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 22.Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall 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 166 Item 10. 6 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: David F. Bristol Title: Mayor, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of August, 2022, by David F. Bristol, Mayor of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 167 Item 10. 7 OWNER: NORTH TEXAS CONFERENCE OF THE UNITED METHODIST CHURCH, a Texas non- profit corporation By: __________________________________ Name: Keith Wolverton Title: _________________________________ STATE OF TEXAS ) ) COUNTY OF _______ ) This instrument was acknowledged before me on the ___ day of _______________, 2022, by Keith Wolverton in his capacity as _______________ of the North Texas Conference of the United Methodist Church, a Texas non-profit corporation, 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 168 Item 10. F.M. HIGHWAY 1385 ASPHALT ROADWAY80' RIGHT-OF-WAY DENTON WAY592592592 592 591 591591591591 591 590 5 9 0 590590 589589 589 589 58858 8 587587586 5 8 6 586586 585 58 5 5 8 5 585584 5 8 4 58458358 3 5 8 2 58 2 10' UTILITY EASEMENTDOC. NO. 2006-27087O.R.D.C.T.20' WATER EASEMENTDOC. NO. 2015-375P.R.D.C.T.LOT 1410' CROSSTEX EASEMENTDOC. NO. 2006-27086O.R.D.C.T.5' UTILITY EASEMENTDOC. NO. 2018-58247O.R.D.C.T.5' UTILITY EASEMENTDOC. NO. 2018-367P.R.D.C.T.CROSSTIMBERS DRIVE54' RIGHT-OF-WAY LOT 15XLOT 16X 5915905895885875865855845 8 3 5 8 2 5 8 1SSTRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.TRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.ZONING: AGRICULTUREUSE: AGRICULTUREFUTURE USE: CHURH/ ADMIN/ CLASSROOM40'432,459 SQ. FEET9.928 ACRESCALLED 65.133 ACRESDENTON INDEPENDENT SCHOOL DISTRICTDOC. NO. 2017-65208O.R.D.C.T.N 01°38'47" E 685.31 TRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.TRACT 2CALLED 39.4269 ACRESLEIDECKER PROPERTIES LTD.DOC. NO. 2006-42667O.R.D.C.T.CALLED 0.427 ACRESDENTON INDEPENDENT SCHOOL DISTRICTDOC. NO. 2021-174358O.R.D.C.T.CALLED 65.133 ACRESDENTON INDEPENDENT SCHOOL DISTRICTDOC. NO. 2017-65208O.R.D.C.T.BLOCK AUNION PARK PHASE 3A-1DOC. NO. 2018-367P.R.D.C.T.CALLED 69.696 ACRESPULTE HOMES OF TEXAS,L.P.DOC. NO. 2018-104237O.R.D.C.T.LOT 1X, BLOCK 1DRAINAGE EASEMENTARROW BROOKEPHASE 1ADOC. NO. 2015-375P.R.D.C.T.30' RIGHT-OF-WAY DEDICAITONDOC. NO. 2015-375P.R.D.C.T.S 89°54'39" W 641.71'S 00°05'21" E 685.00'N 89°54'39" E 620.95'70' 60'R.O.W. TAKE0GRAPHIC SCALE1 inch = ft.4040804020DATENo.REVISION BYDATE:SHEETFile No. 2020-064CHECKED:MKTDRAWN:MKTDESIGN:1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199ASD4/12/2022GRACE CHAPEL PROSPER FM 1385 & DENTON WAY PROSPER, TX PRELIMINARYCLAYMOORE ENGINEERINGEXHIBIT AEXH-AVICINITY MAPN.T.S.DOVE CREEK CIR.DENTON WAYSITEUNION PARK BLVD.FISHTRAP RD.FM 1385 RIDGE CREEK LN.COUNTYSURVEY:ABSTRACT NO.DENTONJOHN MORTON SURVEY793CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER/DEVELOPER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET,SUITE 104 ,TX 75057PH: 940.222.3009LOTS 1 , BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCONTACT NAME: DREW DONOSKYCONTACT NAME: MASON DECKEREXHIBIT AGRACE CHAPEL PROSPERNORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONPage 169Item 10. Being a 5.27 acre tract of land out of the John Morton Survey, Abstract Number 793, situated in the Town of Prosper, Denton County, Texas, and being a portion of a called 10.35 acre tract of land conveyed to Trustees Of The North Texas Conference Of The United Methodist Church by deed of record in Document Number 2020 -131951 of the Official Records of Denton County, Texas and being more particularly described b y metes and bounds as follows: BEGINNING, at a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” found in the East right-of-way line of Farm-To-Market Road No. 1385, being the Southwest corner of said 10.35 acre tract ; THENCE, N01°38'47"E, along the East right-of-way line of Farm-To-Market Road No. 1385, being the common West line of said 10.35 acre tract, a distance of 685.31 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set at the intersection of the East right-of-way line of Farm-To-Market Road No. 1385 and South margin of Noles Road, being the Southwest corner of a called 0.427 acre tract of land conveyed to Denton Independent School District by deed of record in Document Number 2021-174358 of said Official Records; THENCE, N89°54'39"E, along the South line of said 0.427 acre tract and the South margin of Noles Road, a distance of 620.95 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set at the Southeast corner of said 0.427 acre tract, being the Southwest corner of a called Tract 2 – 0.070 acre tract of land conveyed to Denton Independent School District by deed of record in Document Number 2021 - 114016 of said Official Records; THENCE, S00°05'21"E, leaving the South margin of Noles Road, along the East line of said 10.35 acre tract, a distance of 347.93 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set, from which a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” found at the Southeast corner of said 10.35 acre tract bears S00°05'21"E, a distance of 337.07 feet; THENCE, over and across said 10.35 acre tract, the following two (2) courses and distances: 1. WEST, a distance of 596.30 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set; 2. S01°33'47"W, a distance of 338.14 feet to a 1/2 inch iron rod with green plastic cap stamped “EAGLE SURVEYING” set in the South line of said 10.35 acre tract; THENCE, S89°54'39"W, along the South line of said 10.35 acre tract, a distance of 35.65 feet to the POINT OF BEGINNING, and containing an area of 5.27 acres (229,540 square feet) of land, more or less. EXHIBIT A Page 170 Item 10. 8'-0"2"24'-0"7'-4"12'-0"4'-0"12'-0"4'-0"12'-0"12'-0"12'-0"9'-4"7'-11 1/2"2'-0"14'-9"2'-0"8'-1 1/2"5'-2"12'-0"4'-0"23'-4"4'-5 7/8"116'-8"34'-10"21'-2"2'-1"6'-0"6'-0"1'-0"7'-0"4'-2" 4" 8'-0"1'-0"5'-0"5'-0"21'-11"25'-4"8'-0"7'-0"4"1'-0"3'-0"1'-0"GRADE = 100'-0"T.O. STONE = 106'-0"T.O. AWNING = 113'-1"T.O. ENTRY COLUMN = 118'-0"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"4'-0 3/8"60°60°60°60°STONE, ST-1METAL COPING, MT-3METAL LOUVEREDSCREENING WALL, MT-5RTU, BEYONDRTU, BEYONDSTONE, ST-1SOLAR SHADE, MT-2VERTICAL WALLPANEL, FC-1STONE, ST-1VERTICAL WALLPANEL, FC-1LINE OF ROOF,BEYONDHORIZONTAL WALLPANEL, FC-2METAL COPING, MT-34"VERTICAL WALLPANEL, FC-12'-10 3/4"21'-1"2 1/4"METAL LADDER, MT-7METAL CANOPY, MT-1METAL CANOPY, MT-1VERTICAL WALLPANEL, FC-1STONE, ST-1METAL STOREFRONT, MT-4PAINTED CONCRETEPANEL, C-1HORIZONTAL WALLPANEL, FC-2RTU, BEYONDVERTICAL WALLPANEL, FC-1STONE, ST-1METALSTOREFRONT, MT-4METAL COPING, MT-3V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1V-2V-1METAL LOUVEREDSCREENING WALL, MT-5,WITH RTU BEYOND2'-10 3/4" 3'-10 3/4"METAL LOUVEREDSCREENING WALL, MT-5;RTU, BEYOND T.O. SCREEN WALL = 134'-3 3/4"4'-1 3/4"196'-0" T.O. CANOPY = 115'-4 1/2"T.O. CANOPY ROOF = 125'-4 1/2"2'-3 1/2" 1'-4"METAL LOUVERED SCREENINGWALL, MT-5, WITH RTU BEYOND3'-5 1/4" 3'-11" 3'-0 1/2" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0"JJJJ2'-0"4" 'FIRE RISER' VINYLSIGNAGE ON DOORFDC; COORDINATEWITH FIRE MARSHALGAS METER ANDLINE UP TO ROOF;PAINT TO MATCHVERTICAL FIBERCEMENT BOARD2"17'-10"62'-8"20'-0"12'-0"22'-8"12'-0"7'-10"7'-6"25'-4"8'-0"2 7/8"85°4'-8 3/8"60°33'-4"74'-6"METAL LADDER, MT-7METAL SCUPPER &DOWNSPOUT, MT-64"7'-0"1'-0"6'-0"6'-0"12'-0"2'-10"6'-4"2'-10"BACK SIDE OF METALLOUVERED SCREENINGWALL, MT-5RTU & CONDENSINGUNITRTU & CONDENSINGUNITGRADE = 100'-0"T.O. STONE = 106'-0" T.O. SOLAR SHADE = 113'-0"T.O. CANOPY = 114'-0"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"SOLAR SHADE, MT-2METAL STOREFRONT,MT-4METAL CANOPY,MT-1VERTICAL WALLPANEL, FC-1HORIZONTAL WALLPANEL, FC-2STONE, ST-1VERTICAL WALL PANEL, FC-12"PAINTED CONCRETEPANEL, C-1METAL CANOPY, MT-1METAL COPING, MT-3VERTICAL WALLPANEL, FC-1METAL COPING, MT-323'-0"LINE OF ROOF,BEYONDRTU, BEYONDRTU, BEYOND2'-1"V-2V-1V-2V-1V-2V-1BACK SIDE OF METALLOUVERED SCREENINGWALL, MT-53'-10 3/4" 2'-7 1/2" 1'-3" T.O. SCREEN WALL = 136'-0"3'-11"METAL FENCE INFOREGROUND (WHITE)LINE OF ROOF, BEYOND4'-1 3/4"RTUBACK SIDE OF METALLOUVERED SCREENINGWALL, MT-52'-10 3/4" 1'-0"1'-0" 1'-0"JJJJGRADE = 100'-0"METAL FENCE INFOREGROUND(WHITE)T.O. STONE = 106'-0" T.O. SOLAR SHADE = 113'-0"T.O. CANOPY = 114'-0" T.O. ENTRY COLUMN = 118'-0"T.O. CANOPY ROOF = 125'-0"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"25'-2"7'-4"12'-0"4'-0"16'-0"4'-0"12'-0"7'-4"12'-0"2"2'-1"6"9'-6"8"20'-0"6'-0"6'-0"7'-0"21'-1"2 1/4"2'-10 3/4" 4"3'-4"1'-0"14'-4"6'-0" 4'-0"STONE, ST-1METAL CANOPY, MT-1PAINTED CONCRETEPANEL, C-1SOLAR SHADE, MT-2METAL COPING, MT-3HORIZONTAL WALLPANEL, FC-2METAL LOUVEREDSCREENING WALL,MT-5CONDENSING UNITRTU, BEYONDMETAL COPING, MT-3STONE, ST-1VERTICAL WALL PANEL, FC-1RTU, BEYONDMETAL CANOPY, MT-1STONE, ST-1VERTICAL WALL PANEL, FC-174'-8"6'-3 1/2"2'-0"5'-9 1/2"2'-1"85°60°METALSTOREFRONT,MT-4METAL STOREFRONT,MT-4METAL STOREFRONT,MT-4METAL STOREFRONT,MT-4METAL STOREFRONT,MT-4V-2V-1V-2V-1V-2 T.O. SCREEN WALL = 136'-0"1'-0"4'-2"LINE OF ROOF, BEYOND4'-1 3/4"1'-0"JMETAL LADDER, MT-7GRADE = 100'-0"T.O. STONE = 106'-0"T.O. AWNING = 113'-1"T.O. ENTRY COLUMN = 118'-0"T.O. CANOPY ROOF = 125'-4 1/2"T.O. TILT WALL = 130'-0"T.O. STONE = 124'-0"20'-8"14'-0"10'-0 5/8"10'-0"90'-6"55'-10"12'-0"2'-10"6'-4"2'-10"STONE, ST-1METAL SCUPPER &DOWNSPOUT, MT-6PAINTED CONCRETEPANEL, C-1SOLAR SHADE, MT-2METAL COPING, MT-3VERTICAL WALLPANEL, FC-1METAL COPING, MT-3STONE, ST-1METAL COPING, MT-3METAL LOUVEREDSCREENING WALL, MT-5;RTU, BEYONDHORIZONTAL WALLPANEL, FC-2VISION GLASS, V-2METAL CANOPY, MT-1METAL CANOPY, MT-1RTU, BEYONDMETAL SCUPPER &DOWNSPOUT, MT-6METAL SCUPPER &DOWNSPOUT, MT-6VERTICAL WALL PANEL, FC-18"22'-4"2'-1"5'-9 1/2"2'-0"4'-5"85°60°LINE OF ROOF,BEYONDMETAL STOREFRONT, MT-4V-2V-11'-2"108'-3 1/2"RTU, BEYONDCONDENSING UNITLINE OF ROOF, BEYOND T.O. SCREEN WALL = 134'-3 3/4"3'-11"METAL FENCE INFOREGROUND (WHITE)1'-2 1/2"A3.1BUILDING ELEVATIONSSTONE; ST-1 (CREAM)HORIZONTAL WALL PANEL, FC-2(WHITE)VERTICAL WOOD-LOOK WALLPANEL, FC-1 (BROWN)CONCRETE PANEL; C-1 (WHITE)METAL CANOPY, MT-1 (WHITE)VISION GLASS, V-1 (GRAY)METAL SOLAR SHADE, MT-2(WHITE)METAL COPING, MT-3 (WHITE)* REFER SPECIFICATIONS FOR ADDITIONAL INFORMATIONMETAL STOREFRONT, MT-4 (WHITE)MATERIAL LEGENDSCALE:1/8"=1'-0"EAST ELEVATION2A3.1SCALE:1/8"=1'-0"WEST ELEVATION1A3.1SCALE:1/8"=1'-0"SOUTH ELEVATION3A3.1SCALE:1/8"=1'-0"NORTH ELEVATION4A3.1VISION GLASS, V-2 (DARKER GRAY)(FRONT ELEVATION)METAL LOUVERED SCREENING WALL, MT-5(WHITE)METAL SCUPPER & DOWNSPOUT, MT-6(WHITE)METAL ROOF LADDER, MT-7 (WHITE)4/14/2022 4:02:34 PMProject No:Drawn By:Checked By:Designed By:CONFIDENTIAL & PROPRIETARY ©2022 EIKON Consulting Group LLC. All rights reserved - do not duplicate without permission DCBA54321www.eikoncg.comTexas Firm F-12759ARCHITECTS & ENGINEERSNOT F O R C O N S T R U C T I O N TDLR #EIKON Consulting Group1405 West Chapman DriveSanger, Texas 76266Phone 940.458.7503Issue Record# Description Date GRACE CHAPEL PROSPER PROSPER, TEXAS 20086EXHIBIT 'D'FACADE PLANIssued Date:<Blank>IN PRO G R E S SAMPAMPJBB THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OFANN PINKHAM, TX 28330 ON 01/12/2022. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING,ORPERMIT PURPOSES.EXHIBIT 'D'OWNER/DEVELOPER:NORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONAPPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 46021PH: 817.281.0572CONTACT NAME: DREW DONOSKYARCHITECT:EIKON CONSULTING GROUP, LLC1405 WEST CHAPMAN DRIVESANGER, TX 76266PH: 940.458.7503CONTACT NAME: ANN PINKHAMEAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE #104TX 75057PH: 940.222.3009CONTACT NAME: MASON DECKERSURVEYOR:LEGAL DESCRIPTION:LOTS 1, BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCOUNTY:SURVEY:JOHN MORTON SURVEYABSTRACT NO.793CITY:TOWN OF PROSPERSTATE:TEXASDENTONDATE: 04/18/2022GRACE CHAPEL PROSPERFACADE PLAN NOTES1. SEE FACADE PLAN SHEET A3.2 FOR NOTES,ABBREVIATIONS, AND MATERIAL CALCULATIONS.2. SEE 11x17 SAMPLE BOARD [EXHIBIT A] FORPROPOSED MATERIALS.EXHIBIT BPage 171Item 10. J104'- 6 1/2"108'-3 1/2"414'-1 1/2"11° 3.7°2.7°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTPARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTGRADEWEST PROPERTY LINE (ALONG FM 1385)EAST PROPERTY LINE6'-0"0.5°PARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTPARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENT15°6'-0"122' - 8"196'-0"58'-11 1/4"PARAPET BLOCKS SIGHT LINETO HVAC EQUIPMENT8.4°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTGRADENORTH PROPERTY LINE(ALONG DENTON WAY)SOUTH PROPERTY LINE1.6°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTGRADE = 100'-0"STONE (ST-1) OVER 8"CMUELEVATION = 108'-0"METAL COPING, MT-317'-8"GRADE = 100'-0"STONE (ST-1) OVER 8"CMUELEVATION = 108'-0"METAL COPING, MT-3GRADE = 100'-0"STONE (ST-1) OVER 8"CMU1'-4"ELEVATION = 108'-0"METAL COPING, MT-315'-0" (INSIDE CLEAR)13'-10"METAL GATE (WHITE)6" TUBE METAL POSTAND HINGE (WHITE)7'-8"1'-4"7"7"PAINTED STEELHORIZONTAL AND CROSSBRACE (WHITE)6'-8 1/2"4"6'-8 1/2"1"4"17'-8"1'-4"15'-0" (INSIDE CLEAR)1'-4"17'-8"1'-4"15'-0" (INSIDE CLEAR)1'-4"104'- 6 1/2"108'-3 1/2"414'-1 1/2"7.9°6.8°PARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTPARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTGRADEWEST PROPERTY LINE (ALONG FM 1385)EAST PROPERTY LINE6'-0" 0.5°PARAPET AND SCREENING WALLBLOCK SIGHT LINE TOROOFTOP HVAC EQUIPMENTPARAPETS BLOCK SIGHTLINES TO ROOFTOPHVAC EQUIPMENTJJJJ2.1°0.6°A3.2DUMPSTERELEVATIONS, SIGHTLINE STUDY, &MATERIALCALCULATIONSSCALE:1/32 "= 1'-0"EAST/ WEST CROSS SIGHT LINE STUDY FROM PROPERTY LINES2A3.2SCALE:1/32" = 1'-0"NORTH / SOUTH CROSS SIGHT LINE STUDY FROM PROPERTY LINES1A3.2SCALE:1/8 "= 1'-0"NORTHEAST DUMPSTER ELEVATION3A3.2SCALE:1/8 "= 1'-0"NORTHWEST DUMPSTER ELEVATION4A3.2SCALE:1/8 "= 1'-0"SOUTHWEST DUMPSTER ELEVATION5A3.2FACADE PLAN NOTES1. ABBREVIATIONS FOR ELEVATIONS:T.O. = TOP OF REFERENCE PLANEB.O. = BOTTOM OF REFERENCE PLANE2. VARIATIONS IN DIMENSIONING MAY EXIST BETWEEN EDGE OF FOUNDATION ANDFACE OF EXTERIOR BUILDING MATERIAL AT GRADE LEVEL. ON ELEVATIONS, THEINITIAL HORIZONTAL DIMENSION STRING IS FOR MATERIALS AND THE SECONDDIMENSION STRING TIES BACK TO THE EDGE OF FOUNDATION.3. SIGHT LINES ARE ESTABLISHED FROM 6'-0" ABOVE GRADE AT PROPERTY LINE.4. SEE 11x17 SAMPLE BOARD [EXHIBIT A] FOR PROPOSED MATERIALS.5. THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANSREQUIRE REVIEW FROM BUILDING INSPECTIONS DIVISION.6. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOPMOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL OR SCREENINGWALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF THE ZONINGORDINANCE.7. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TOMATCH THE BUILDING.8. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THEBUILDING INSPECTIONS DIVISION.9. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TENPERCENT (10%).10. ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE-APPROVALBY THE TOWN OF PROSPER.11. A MINIMUM 4'-0" x 4'-0" BUILDING MATERIAL MOCK-UP BOARD MUST BECONSTRUCTED AT WORK SITE AND INSPECTED BY THE PLANNING DIVISION PRIORTO VERTICAL CONSTRUCTION.(LOOKING NORTH)(LOOKING WEST)STONE; ST-1 (CREAM)HORIZONTAL WALL PANEL, FC-2 (WHITE)VERTICAL WOOD-LOOK WALL PANEL, FC-1 (BROWN)CONCRETE PANEL; C-1 (WHITE)METAL CANOPY, MT-1 (WHITE)VISION GLASS, V-1 (GRAY)METAL SOLAR SHADE, MT-2 (WHITE)METAL COPING, MT-3 (WHITE)* REFER SPECIFICATIONS FOR ADDITIONAL INFORMATIONMETAL STOREFRONT, MT-4 (WHITE)MATERIAL LEGENDVISION GLASS, V-2 (DARKER GRAY)METAL LOUVERED SCREENING WALL, MT-5 (WHITE)METAL SCUPPER & DOWNSPOUT, MT-6 (WHITE)METAL ROOF LADDER, MT-7 (WHITE)4/14/2022 4:02:34 PMProject No:Drawn By:Checked By:Designed By:CONFIDENTIAL & PROPRIETARY ©2022 EIKON Consulting Group LLC. All rights reserved - do not duplicate without permission DCBA54321www.eikoncg.comTexas Firm F-12759ARCHITECTS & ENGINEERSNOT F O R C O N S T R U C T I O N TDLR #EIKON Consulting Group1405 West Chapman DriveSanger, Texas 76266Phone 940.458.7503Issue Record# Description Date GRACE CHAPEL PROSPER PROSPER, TEXAS 20086EXHIBIT 'D'FACADE PLANIssued Date:<Blank>IN PRO G R E S SAMPAMPJBB THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OFANN PINKHAM, TX 28330 ON 01/12/2022. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING,ORPERMIT PURPOSES.EXHIBIT 'D'OWNER/DEVELOPER:NORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONAPPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 46021PH: 817.281.0572CONTACT NAME: DREW DONOSKYARCHITECT:EIKON CONSULTING GROUP, LLC1405 WEST CHAPMAN DRIVESANGER, TX 76266PH: 940.458.7503CONTACT NAME: ANN PINKHAMEAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE #104TX 75057PH: 940.222.3009CONTACT NAME: MASON DECKERSURVEYOR:LEGAL DESCRIPTION:LOTS 1, BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCOUNTY:SURVEY:JOHN MORTON SURVEYABSTRACT NO.793CITY:TOWN OF PROSPERSTATE:TEXASDENTONDATE: 04/18/2022GRACE CHAPEL PROSPERBUILDING EXTERIOR ELEVATION MATERIAL CALCULATIONSNORTH ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS521 SQ. FT.19%2. HORIZONTAL WALL PANELS160 SQ. FT. 6%3. CONCRETE PANELS983 SQ. FT.35%4. MISCELLANEOUS DETAILING METALS224 SQ. FT. 8%5. METAL SCREENING 85 SQ. FT. 3%6.STONE818 SQ. FT.29%NET SURFACE ELEVATION AREA 2,792 SQ. FT 100%7. GLAZING SURFACE AREA196 SQ. FT.TOTAL SURFACE ELEVATION AREA 2,988 SQ. FT.SOUTH ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS 1,710 SQ. FT.59%2. HORIZONTAL WALL PANELS 220 SQ. FT. 7%3. CONCRETE PANELS 396 SQ. FT.14%4. MISCELLANEOUS DETAILING METALS 208 SQ. FT. 7%5. METAL SCREENING 62 SQ. FT. 2%6.STONE 312 SQ. FT.11%NET SURFACE ELEVATION AREA 2,908 SQ. FT. 100%7. GLAZING SURFACE AREA 73 SQ. FT.TOTAL ELEVATION AREA 2,981 SQ. FT.EAST ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS1,896 SQ. FT.41%2. HORIZONTAL WALL PANELS160 SQ. FT. 3%3. CONCRETE PANELS 1,870 SQ. FT.40%4. MISCELLANEOUS DETAILING METALS314 SQ. FT. 7%5. METAL SCREENING118 SQ. FT. 2%6.STONE312 SQ. FT. 7%NET SURFACE ELEVATION AREA 4,670 SQ.FT. 100%7. GLAZING SURFACE AREA153 SQ. FT.TOTAL ELEVATION AREA4,823 SQ. FT.WEST ELEVATIONMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS 1,167 SQ.FT.28%2. HORIZONTAL WALL PANELS394 SQ. FT. 9%3. CONCRETE PANELS499 SQ. FT.12%4. MISCELLANEOUS DETAILING METALS422 SQ. FT.10%5. METAL SCREENING224 SQ. FT. 5%6.STONE 1,542 SQ. FT.36%NET SURFACE ELEVATION AREA 4,248 SQ. FT. 100%7. GLAZING SURFACE AREA715 SQ. FT.TOTAL ELEVATION AREA 4,963 SQ. FT.OVERALL BUILDINGMATERIALAREAPERCENTAGE*1. VERTICAL WALL PANELS 5,294 SQ. FT.36%2. HORIZONTAL WALL PANELS934 SQ. FT. 6%3. CONCRETE PANELS 3,748 SQ. FT.25%4.MISCELLANEOUS DETAILING METALS 1,168 SQ. FT. 8%5. METAL SCREENING 833 SQ. FT. 5%6.STONE 2,984 SQ. FT.20%NET SURFACE ELEVATION AREA 14,618 SQ. FT. 100%7. GLAZING SURFACE AREA 1,137 SQ. FT.8. TOTAL ELEVATION AREA 15,755 SQ. FT.*CALCULATED PERCENTAGE AREA OF EACH MATERIAL IS CALCULATED AGAINST THE NET SURFACE AREASCALE:1/32 "= 1'-0"EAST/ WEST CROSS SIGHT LINE STUDY FROM PROPERTY LINES6A3.2(LOOKING SOUTH)(LOOKING SOUTH)(LOOKING NORTH)(LOOKING EAST)EXHIBIT BPage 172Item 10. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon an ordinance to amend Planned Development-93 (PD-93), on 0.8± acres, located on the southwest corner of Broadway Street and Preston Road, in order to allow for a restaurant with drive-through services. (Z22-0006). Description of Agenda Item: On July 26, 2022, the Town Council approved the proposed request, by a vote of 6-0. A Planned Development 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: Town staff recommends approval of an ordinance to amend Planned Development-93 (PD-93), on 0.8± acres, located on the southwest corner of Broadway Street and Preston Road, in order to allow for a restaurant with drive-through services. (Z22-0006). Proposed Motion: I move to approve an ordinance to amend Planned Development-93 (PD-93), on 0.8± acres, located on the southwest corner of Broadway Street and Preston Road, in order to allow for a restaurant with drive-through services. (Z22-0006). Prosper is a place where everyone matters. PLANNING Page 173 Item 11. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 0.81 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-93 TO PLANNED DEVELOPMENT-93 LOT 3; 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 Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from BG-GBT Broadway & Preston, LP (“Applicant”) for a Planned Development amendment (Lot 3) for a Restaurant with Drive-Through Service, consisting of 0.081 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes: 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 The Town’s Zoning Ordinance is amended as follows: Applicant is granted an amendment to PD-93 for Lot 3 for a Restaurant with Drive-Through Service, consisting of 0.81 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 174 Item 11. Ordinance No. 2022-__, Page 2 The development plans, standards, and uses for the Property in this Planned Development 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”; 4) the development schedule, attached hereto as Exhibit “E”; 5) Façade Plan, attached hereto as Exhibit “F”; and 6) Landscape Plan, attached hereto as Exhibit “G,” which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. 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 Page 175 Item 11. Ordinance No. 2022-__, Page 3 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 9TH DAY OF AUGUST, 2022. ______________________________ Jeff Hodges, Mayor Pro-Tem ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 176 Item 11. 18' FIRELANE, ACCESS, DRAINAGE, & UTILITY ESMT. DOC. NO. 2020-387, PRCCT 15' DRAINAGE ESMT DOC. NO. 2020-387, PRCCT WATER ESMT DOC.NO. 2020-387, PRCCT DRAINAGE ESMT DOC.NO. 2020-387, PRCCT 10' WATER ESMT DOC.NO. 2020-387, PRCCT DRAINAGE ESMT DOC.NO. 2020-387, PRCCT 15' SEWER ESMT VOL. 4343, PG. 2722 DRCCT 30' LANDSCAPE ESMT DOC.NO. 2020-387, PRCCT 15' WATER ESMT DOC.NO. 2020-387, PRCCT 15' DRAINAGE ESMT INST. NO. 20171227001693950, DRCCT ACCESS ESMT DOC. NO. 20060710000943010, DRCCT 15' DRAINAGE ESMT DOC.NO. 2020-387, PRCCT 10' WATER ESMT WATER ESMT DOC.NO. 2020-387, PRCCT 24' FIRE LANE, ACCESS, DRAINAGE, & UTILITY ESMT DOC.NO. 2020-387, PRCCT S90°00'00"E 206.70'N0°00'00"E125.95'N90°00'00"W 145.56' N68 ° 0 2 ' 5 8 " W 77. 1 2 'S15°30'45"W32.43'S21°13'45"W173.06'∆ REQUESTED TRACK A = 35,401 SF (0.81 AC.)STATE HWY 289(PRESTON RD)VARIABLE WIDTH R.O.W.191. 7 4 ' R O W L I N E S V A R I E S ROW CENTER LINE 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 PROPERTY BOUNDARYEXH-A DATENo.REVISIONBYDATE: SHEET CHECKED:DD DRAWN:MBT DESIGN:MBT1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFOERD, TX. 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 File No. 2022-XXXBLACK RIFLE COFFEEPROSPER, TX 750784/25/2022 PRELIMINARY CLAYMOORE ENGINEERING SURVEY:ABSTRACT NO.: COUNTY: COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY: PROSPER STATE: TEXAS LEGAL DESCRIPTION: LOT 3, BLOCK A OF WINDMILL HILL ADDITION AREA = 0.81 AC OWNER: BG-GBT BROADWAY & PRESTON LP 9550 JOHN W ELLIOTT DR. SUITE 106 FRISCO, TX 75033 PH: CONTACT NAME: TEAGE GRIFFIN APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 CONTACT NAME : DREW DONOSKY SURVEYOR: EAGLE SURVEYING 210 S. ELM ST., SUITE 104 DENTON, TX 76201 PH:940.222.3009 CONTACT: MASON DECKER DATE: 4/25/2022 EX. ZONING: PD-17 (RETAIL) COUNTY RDCOUNTY RD HWY 289 (S PRESTON RD)BROADWAY ST WILLOWVIEW DRCHURCH STHAYS RDPARVIN STSTONE CREEK DRWILLOW R IDGE DR SITE VICINITY MAP N.T.S. METES & BOUNDS: BEING A 0.81 ACRE TRACT OR PARCEL OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NUMBER 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF LOT 3, BLOCK A OF WINDMILL HILL ADDITION AN ADDITION TO THE TOWN OF PROSPER, RECORDED IN VOLUME 2020, PAGE 387 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A X-CUT FOUND IN CONCRETE AT THE NORTHEAST CORNER OF SAID LOT 3 AND THE COMMON SOUTHEAST CORNER OF LOT 2, BLOCK A OF SAID WINDMILL HILL ADDITION AND BEING IN THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY 289 (PRESTON ROAD) A VARIABLE WIDTH RIGHT-OF-WAY; THENCE WITH THE EAST LINE OF SAID LOT 3 AND THE COMMON WEST RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 289 THE FOLLOWING COURSES AND DISTANCES: SOUTH 21°13'45" WEST, A DISTANCE OF 173.08 FEET TO A CAPPED 1/2" IRON ROD STAMPED “EAGLE SURVEYING” SET SOUTH 15°30'45" WEST, A DISTANCE OF 32.41 FEET TO A CAPPED 1/2" IRON ROD STAMPED “EAGLE SURVEYING” SET FROM WHICH A PK NAIL FOUND AT THE SOUTHEAST CORNER OF SAID LOT 3 BEARS SOUTH 15°30'45" WEST, A DISTANCE OF 68.09 FEET AND SOUTH 21°13'45" WEST, A DISTANCE OF 61.17 FEET; THENCE OVER AND ACROSS SAID LOT 3 THE FOLLOWING COURSES AND DISTANCES: NORTH 68°03'39" WEST, A DISTANCE OF 77.11 FEET TO A CAPPED 1/2" IRON ROD STAMPED “EAGLE SURVEYING” SET; WEST, A DISTANCE OF 145.56 FEET TO A X-CUT SET IN THE WEST LINE OF SAID LOT 3 AND THE COMMON EAST LINE OF LOT 1, BLOCK A OF SAID WINDMILL HILL ADDITION; THENCE NORTH, WITH THE WEST LINE OF SAID LOT 3 AND THE COMMON EAST LINE OF SAID LOT 1, A DISTANCE OF 125.95 FEET TO A X-CUT FOUND IN CONCRETE AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE WITH THE NORTH LINE OF SAID LOT 3 AND THE COMMON SOUTH LINE OF SAID LOT 2 THE FOLLOWING COURSES AND DISTANCES: EAST, A DISTANCE OF 206.70 FEET TO A X-CUT FOUND IN CONCRETE; NORTH 21°13'45" EAST A DISTANCE OF 17.31 FEET TO A X-CUT SET IN CONCRETE; WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 47.50 FEET, A DELTA ANGLE OF 89°56'11", A CHORD BEARING AND DISTANCE OF NORTH 66°11'50" EAST, 67.14 FEET AND AN ARC LENGTH OF 74.56 FEET TO A X-CUT SET IN CONCRETE; SOUTH 68°50'12" EAST, A DISTANCE OF 15.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.81 ACRES OF LAND MORE OR LESS. LEGEND REQUESTED PROPERTY LINE R.O.W. LINE EASEMENT LINE CONTOUR LINE LOT 1, BLOCK A WINDMILL HILL ADDITION EX. ZONING: PD-93 (OFFICE) PART OF LOT 3, BLOCK A WINDMILL HILL ADDITION EX. ZONING: PD-93 (OFFICE) USE: VACANT LOT 2, BLOCK A WINDMILL HILL ADDITION EX. ZONING: PD-93 (OFFICE) USE: VACANT 359.79'CENTER LINE OF FIRST STREETNOTE: NO 100-YR FLOODPLAIN EXISTS ON THE PROPERTY. EXHIBIT "A" PROPERTY BOUNDARY - BLACK RIFLE COFFEE TOWN PROJECT No.: _______ Page 177 Item 11. March 7, 2022 Town of Prosper 250 W. First Street Prosper, Texas 75078 Re: Black Rifle Coffee Letter of Intent To whom it may concern, Please let this letter serve as the Letter of Intent for the Black Rifle Coffee project to be located in Lot 3, Block A of Windmill Hill Addition. The purpose of this request is to create a new boundary for the proposed site and construct a new building for the Black Rifle Coffee project. The proposed project site has a total area of 0.81 ac (35,401 sf). Zoning is commercial. The proposed use of this project is Restaurant with Drive Thru with a total building area of 2,540 sf. Should you have any questions, please feel free to contact me. Sincerely, Claymoore Engineering, Inc. Drew Donosky, P.E. Page 178 Item 11. Exhibit C – Windmill Hill Planned Development Standards Below are the proposed development standards amended in the existing Planned Development. Concept Plan: Amended concept plan as provided in Exhibit D Permitted Uses: In addition to those permitted uses as allowed per the Planned Development of the Town of Prosper Zoning Ordinance, the following use shall be permitted in the retail areas indicated on Exhibit" D". - One (1) Restaurant with Drive Thru Page 179 Item 11. 18' 9' TYP8' 12'12'5'35'29.35' EX. DRIVEWAY24'24'24' 8 10 5 9'TYP30'LAN D S C A P E EA S E M E N T IRRIG. METER DOM. METER FIRE HYDRANT 5' CURB INLET 4'x4' GRATE INLET EX. 10' CURB INLET PROP. 8' TALL MASONRY TRASH ENCLOSURE MAIN DOOR DRIVE THRU WINDOW 9'10'24' 24'16.35'5'9'12'12'18' DRAINAGE ESMT DOC NO. 2020-387, PRCCT 15' SEWER ESMT VOL. 4343, PG. 2722 DRCCT 18' FIRELANE ACCES, DRAINAGE, & UTILITY ESMT DOC NO. 2020-387, PRCCT S90°00'00"E 206.70' 15' WATER ESMT DOC NO. 2020-387, PRCCT 15' DRAINAGE ESMT DOC. NO. 2020-387, PRCCT WATER ESMT DOC. NO. 2020-387, PRCCT 10' WATER ESMT DOC. NO. 2020-387, PRCCT DRAINAGE ESMT DOC. NO. 2020-387, PRCCT 30' LANDSCAPE ESMT DOC. NO. 2020-387, PRCCT 30' LANDSCAPE ESMT DOC. NO. 2020-387, PRCCT 15' DRAINAGE ESMT INST. NO. 20171227001693950, DRCCT ACCESS ESMT DOC. NO. 20060710000943010, DRCCTFIRELANE, ACCESS, DRAINAGE, & UTILITY ESMT INST. NO. 20171227001693940, DRCCT 15' WATER ESMT DOC. NO. 2020-387, PRCCT 15' DRAINAGE ESMT DOC. NO. 2020-387, PRCCT 10' WATER ESMT WATER ESMT DOC. NO. 2020-387, PRCCT 24' FIRE LANE, ACCESS, DRAINAGE, & UTILITY ESMT DOC. NO. 2020-387, PRCCT 35.35'12' 22'12'24'7.86'18'58.72'18'3 ∆N90°00'00"W 145.56'N0°00'00"E125.95'S90°00'00"E 206.70'S21°13'45"W173.06'S15°30'45"W32.43'N68 ° 0 2 ' 5 8 " W 77. 1 2 ' 5' LANDSCAPE SETBACK R3' R5'R5'R3'8'R 1 2 'R15'R15' R5'R1 0 ' R 2 ' R30'R2' R2'R2' R2'R30'R3'4'BFR BFR 58.81'POINT OF ORDER 28'8'8' ABANDONMENT OF EX F.A.D.U.E.2'R20' R 3 ' R24'R3'R3'12' R1 5 ' R27'10'12.37'0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 SITE PLANEXH-B LEGEND EXISTING CONCRETE PAVEMENT PROPOSED CONCRETE PAVEMENT PROPOSED CONCRETE SIDEWALK PROPOSED CONCRETE CURB AND GUTTER PROPERTY LINE FIRE LANE EASEMENT LINE PARKING COUNT ABANDONMENT OF F.A.D.U.E. 10 DATENo.REVISIONBYDATE: SHEET CHECKED:DD DRAWN:MBT DESIGN:MBT1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFOERD, TX. 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 File No. 2022-XXXBLACK RIFLE COFFEEPROSPER, TX 750784/25/2022 PRELIMINARY CLAYMOORE ENGINEERING SURVEY:ABSTRACT NO.: COUNTY: COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY: PROSPER STATE: TEXAS LEGAL DESCRIPTION: LOT 3, BLOCK A OF WINDMILL HILL ADDITION AREA = 0.81 AC OWNER: BG-GBT BROADWAY & PRESTON LP 9550 JOHN W ELLIOTT DR. SUITE 106 FRISCO, TX 75033 PH:CONTACT NAME: TEAGE GRIFFIN APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 CONTACT NAME : DREW DONOSKY SURVEYOR: EAGLE SURVEYING 210 S. ELM ST., SUITE 104 DENTON, TX 76201 PH:940.222.3009 CONTACT: MASON DECKER DATE: 4/25/2022 EX. ZONING: PD-93 (OFFICE) EX. ZONING: PD-17 (RETAIL) COUNTY RDCOUNTY RD HWY 289 (S PRESTON RD)BROADWAY ST WILLOWVIEW DRCHURCH STHAYS RDPARVIN STSTONE CREEK DRWILLOW R IDGE DR SITE VICINITY MAP N.T.S. TOWN OF PROSPER SITE PLAN NOTES: 1) DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2) OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3) OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4) LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5) ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6) BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7) FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8) TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9) SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10)HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11) ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12) ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13) ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14)SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15) APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16)SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17) ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18) ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19)IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. PART OF LOT 3 EX. ZONING: PD-93 (OFFICE) USE: VACANT LOT 2 EX. ZONING: PD-93 (OFFICE) USE: VACANT LOT 3 PROPOSED BUILDING AREA = 2600 SF FUTURE BUILDING 36'12' Page 180 Item 11. Exhibit E – Black Rifle PD Amendment Below is an anticipated project schedule for the proposed Black Rifle Development Schedule in accordance with the submittal checklist. This schedule is conceptual and subject to change based on permitting/entitlements. Once obtained, then the permitting approvals will start with the Town. Zoning Submittal to Town – 4/22 Zoning Approval from Town – 7/22 Development of the coffee shop will depend on market demands but we would anticipate that the project will proceed immediately for permit and construction given the necessary approvals. Thank you and please call if you have any comments or need additional information. Sincerely, Matt Moore, P.E. Page 181 Item 11. C-1 CL-2 CL-3 TREX PANELING - TRANSEND SQUARE EDGE DECK BOARDS HAVANA GOLD MATERIAL SCHEDULE CL-1 PREFINISHED ALUMINUM CANOPY, BLACK PAC-CLAD METAL HIGHLINE B1 24 GA MATTE BLACK VERTICAL INSTALLATION RC-1 24 GAUGE GALV. SHEET METAL COPING CAP, SLOPE ½” PER FOOT, PRE-FINISHED TO MATCH AND OTHER METAL WORKS (SW 6258 "TRICORN BLACK") SF-1 STOREFRONT - KAWNEER ALUMINUM STOREFRONT GLAZING CL-4 EIFS - DRYVIT #612 MOONLIGHT EP-2 & EP-3 EXTERIOR PAINT SHERWIN WILLIAMS SW6258 HOLLOW METAL DOORS AND FRAMES, ROOF LADDER, SCUPPER, DUMPSTER GATES SF-2 STOREFRONT - KAWNEER - BLACK ANODIZED ALUMINUM FRAME S-1 MANUFACTURED STONE CORONADO - THIN BRICK URBANA SMOOTH - SMOKE THIN BRICK ACME - PACIFIC CLAY - BODEGA BAYBRCCBRCC T.O.PARAPET 121'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. T.O. STOREFRONT 110'-0" A.F.F. FINISHED FLOOR 100'-0" T.O. SILL 104'-0" A.F.F. T.O.PARAPET 119'-6" A.F.F. T.O. COOLER 110'-4" A.F.F. FINISHED FLOOR 100'-0"4"67'-5" 3'-1"15'-7"10'-0"7'-4"18'-1"13'-5"4"8"1'-0"3 4 7 11821 S-1RC-1 CL-1RC-1 CL-4RC-1 EP-2 C-1 CL-4 S-1 CL-3 SF-1 SF-1 SF-1 CL-3 S-1 SF-2 SF-2 SF-2 CL-2 RC-1 S-1 520 sf 116 sf Total 42.0% 9.0%CL-3 CL-1 277 sf 22.0% North Elevation Materials SF Percent 319 sf 25.0%CL-4 22 sf 2.0% 1,254 sf 100%TotalBRCCBRCC T.O.PARAPET 121'-6" A.F.F. T.O.PARAPET 120'-0" A.F.F. B.O. CANOPY 111'-6" A.F.F. B.O. D.T. CANOPY 110'-0" A.F.F. FINISHED FLOOR 100'-0" FINISHED FLOOR 100'-0" T.O. SILL 104'-0" A.F.F. 40'-8" 3'-1"12'-6"3'-1"14'-1"5'-1"2'-11"8"4"1'-0"1'-0"A FDBE JCHG K S-1RC-1 C-1 CL-4RC-1 RC-1 S-1 CL-1 S-1 SF-1 SF-1CL-1 CL-3 CL-4 C-1 SF-2 665 sf 3.0% 30.0%202 sfCL-4 RC-1 S-1 311 sf 20 sf 47.0% 100% CL-3 CL-1 118 sf 18.0% SF Percent 14 sf 2.0% East Elevation Materials 50 sf 6.0% 215 sf 28.0% 13 sf 2.0%RC-1 CL-3 CL-4 S-1 160 sf Total 780 sf 20.0% 100% CL-1 342 sf 44.0% SF PercentWest Elevation Materials T.O.PARAPET 121'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. FINISHED FLOOR 100'-0" T.O. SILL 104'-0" A.F.F. T.O.PARAPET 119'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. FINISHED FLOOR 100'-0" B.O. DT CANOPY 110'-0" A.F.F. 39'-1" 12'-7"4"26'-7" AFDBEJCHGK CL-4 CL-2 C-1 CL-3 RC-1 CL-1RC-1EP-2 S-1EP-2 EP-2 RC-1 CL-2 C-1 CL-2 CL-1 T.O. CMU WALL 108'-0" 20 GA. BLACK CAP FLASHING, GC SUPPLIED 20 GA. BLACK CAP FLASHING, GC SUPPLIED EP-2 CL-1 20 GA. BLACK CAP FLASHING, GC SUPPLIED CL-1 T.O. CMU WALL 108'-0" T.O. CMU WALL 108'-0" 13'-4"13'-4"13'-4" 13 sf 1.0%CL-3 130 sf 9.0%CL-4 RC-1 S-1 500 sf Total 35.0% CL-1 747 sf 53.0% South Elevation Materials SF Percent 22 sf 2.0% 1,412 sf 100% T.O.PARAPET 121'-6" A.F.F. B.O. DT CANOPY 110'-0" A.F.F. FINISHED FLOOR 100'-0" T.O.PARAPET 119'-6" A.F.F. T.O.PARAPET 121'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. FINISHED FLOOR 100'-0" T.O. WINDOW 110'-0" A.F.F. T.O. WINDOW 110'-0" A.F.F. T.O.PARAPET 120'-0" A.F.F. 67'-1" 17'-0"4'-10"1'-0"6"7'-2"4'-10"17'-0"3'-5"9'-6"3'-3"1'-0"4"6"1'-0"11 35710986 2 1 CL-1RC-1 S-1RC-1 CL-1RC-1 CL-4RC-1 SF-2 C-1 S-1 CL-1 CL-1 CL-1 CL-3S-1CL-1CL-1S-1 C-1EP-3 EP-3 SF-1 RC-1 CL-2 SOUTH ELEVATION3 PR-01 SCALE: 3/16" = 1'-0" EAST ELEVATION2 PR-01 SCALE: 3/16" = 1'-0" SHEET: JULIANNE MCGEE PERMIT EXPEDITOR 682.429.6245 julianne@gmail.com PR-01 EP-1 EXTERIOR PAINT SHERWIN WILLIAMS FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS A-100 EP-2 EXTERIOR PAINT (FOR EIFS)SHERWIN WILLIAMS COLOR: - SW 6258 TRICORN BLACK SHEEN: MATTE EP-3 EXTERIOR PAINT (FOR METAL)SHERWIN WILLIAMS EP-4 EXTERIOR PAINT (FOR WOOD)SHERWIN WILLIAMS CL-1 CL-2 METAL FASCIA PAC-CLAD NORTH ELEVATION1 PR-01 SCALE: 3/16" = 1'-0" GENERAL NOTES- FACADE PLAN WALL FINISHES1.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INCLUDING ROOF TOP UNITS. 2.BRCC LOGO TO BE 1" OFFSET FROM FRONT OF E.I.F.S. FINISH. PAINT INTERIOR OF LOGO EP-2. OUTER CIRCLE TO BE CENTERED ON VERTICAL HEIGHT OF E.I.F.S. 3.PRE -ENGINEERED MTL. CANOPIES. CONFIRM INSTALLATION WITH SHOP DRAWINGS AND NOTIFY ARCHITECT OF ANY DISCREPANCIES. 4.CANOPY DOWNSPOUTS ARE TO BE PAINTED BLACK EP-3. DOWNSPOUTS TO DISCHARGE TO SLASH BLOCKS. 5.EXTERIOR SIGNAGE LOCATIONS ARE SHOWN AS REFERENCE. SIGNS TO BE PROVIDED AND INSTALLED BY SIGN VENDOR. 6.EXPOSED UTILITY BOXES AND CONDUITS TO BE PAINTED TO MATCH BUILDING 7.WINDOWS TO HAVE MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN PERCENT COLOR: - SW 7005 PURE WHITE SHEEN: MATTE WEST ELEVATION4 PR-01 SCALE: 3/16" = 1'-0" TRASH ENCLOSURE ELEVATIONS5 PR-01 SCALE: NTS STYLE: HIGHLINE B1 24 GA COLOR: MATTE BLACK EXTERIOR FINISH SCHEDULE MARK MANUFACTURERMATERIAL Job# STYLE/COLOR NOTES 220-220 BLACK RIFLE COFFEE COMPANY VERTICAL INSTALLATION. INSTALL PER MFR RECOMMENDATIONS. PROSPER, TX, 75078 FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS A-100 FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS PRO INDUSTRIAL ACRYLIC 866 BUILDING FACADE/ ELEVATION PLAN FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS PRO INDUSTRIAL ACRYLIC 866 OWNER ANTHONY THOMPSON BLACK RIFFLE COFFEE COMPANY 210.419.5243 anthony.thompson @blackriflecoffee.com COLOR: - SW 6258 TRICORN BLACK SHEEN: MATTE CL-3 COLOR: - SW 6258 TRICORN BLACK SHEEN: MATTE APPLICANT ARCHITECT CL-4 DRYVIT OR APPROVED SUBSTITUTEE.I.F.S. ALEXANDRA MATIS THE DIMENSION GROUP 10755 SANDHILL RD, DALLAS, TX 75238 214.343.9400 amatis@dimensiongroup.com WOOD TREX Date INSTALL PER MFR. RECOMMENDATIONS. RAIN-SCREEN APPLICATION METHOD TO BE USED. MITER CORNERS. STYLE: TRANSCEND SQUARE EDGE DECK BOARDS COLOR: HAVANA GOLD 6/29/22 COLOR: #612 MOONLIGHT Drawn By RP INSTALL EIFS TO THICKNESS SPECIFIED ON WALL SECTIONS. INSTALL PER MFR. RECOMMENDATIONS. Checked By RC-1 KS METAL ROOF COPING ARCHITECTURE CIVIL ENGINEERING MEP ENGINEERING 10755 SANDHILL ROAD, DALLAS, TEXAS 75238 TEL: 214-343-9400 www.dimensiongrp.com ROOF MFR.STYLE: MATCH ROOF SYSTEM COLOR: BLACK INSTALL PER MFR. RECOMMENDATIONS. IF BLACK IS UNAVAILABLE, G.C. MAY SUBSTITUE DARK BRONZE, CONFIRM WITH ARCHITECT BEFORE PURCHASE.Scale AS NOTED MR-1 MEMBRANE ROOFING SYSTEM DURO-LAST STYLE: 40 MIL SINGLE-PLY PVC ROOFING MEMBRANE COLOR: WHITE BUILDING ELEVATION EXHIBIT PROSPER, TX, 75078 INSTALL PER MFR. RECOMMENDATIONS. S-1 MANUFACTURED STONE CORONADO THIN BRICK - URBAN SMOOTH SMOKE INSTALL PER MFR. RECOMMENDATIONS. CL-1 THIN BRICK ACME INSTALL ACME THIN BRICK PER MFR RECOMMENDATIONS. USE INSIDE AND OUTSIDE CORNERS WERE REQ'D . ALL REQ'D TRIM TO BE BLACK IN COLOR. STYLE: PACIFIC CLAY COLOR: BODEGA BAY Page 182 Item 11. BR CC BR CCBRCC T.O.PARAPET 121'-6" A.F.F. T.O.PARAPET 120'-0" A.F.F. B.O. CANOPY 111'-6" A.F.F. B.O. D.T. CANOPY 110'-0" A.F.F. FINISHED FLOOR 100'-0" FINISHED FLOOR 100'-0" T.O. SILL 104'-0" A.F.F. 40'-8" 3'-1"12'-6"3'-1"14'-1"5'-1"2'-11"8"4"1'-0"1'-0"A FDBE JCHG K S-1RC-1 C-1 CL-4RC-1 RC-1 S-1 CL-1 S-1 SF-1 SF-1CL-1 CL-3 CL-4 C-1 SF-2 Total 665 sf 3.0% 30.0%202 sfCL-4 RC-1 S-1 311 sf 20 sf 47.0% 100% CL-3 CL-1 118 sf 18.0% SF Percent 14 sf 2.0% East Elevation MaterialsBCBRCCBRCC T.O.PARAPET 121'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. T.O. STOREFRONT 110'-0" A.F.F. FINISHED FLOOR 100'-0" T.O. SILL 104'-0" A.F.F.BR CC T.O.PARAPET 119'-6" A.F.F. T.O. COOLER 110'-4" A.F.F. FINISHED FLOOR 100'-0"4"67'-5" 3'-1"15'-7"10'-0"7'-4"18'-1"13'-5"4"8"1'-0"3 4 7 11821 S-1RC-1 CL-1RC-1 CL-4RC-1 EP-2 C-1 CL-4 S-1 CL-3 SF-1 SF-1 SF-1 CL-3 S-1 SF-2 SF-2 SF-2 CL-2 RC-1 S-1 520 sf 116 sf Total 42.0% 9.0%CL-3 CL-1 277 sf 22.0% North Elevation Materials SF Percent 319 sf 25.0%CL-4 22 sf 2.0% 1,254 sf 100% C-1 CL-2 CL-3 TREX PANELING - TRANSEND SQUARE EDGE DECK BOARDS HAVANA GOLD MATERIAL SCHEDULE CL-1 PREFINISHED ALUMINUM CANOPY, BLACK PAC-CLAD METAL HIGHLINE B1 24 GA MATTE BLACK VERTICAL INSTALLATION RC-1 24 GAUGE GALV. SHEET METAL COPING CAP, SLOPE ½” PER FOOT, PRE-FINISHED TO MATCH AND OTHER METAL WORKS (SW 6258 "TRICORN BLACK") SF-1 STOREFRONT - KAWNEER ALUMINUM STOREFRONT GLAZING CL-4 EIFS - DRYVIT #612 MOONLIGHT EP-2 & EP-3 EXTERIOR PAINT SHERWIN WILLIAMS SW6258 HOLLOW METAL DOORS AND FRAMES, ROOF LADDER, SCUPPER, DUMPSTER GATES SF-2 STOREFRONT - KAWNEER - BLACK ANODIZED ALUMINUM FRAME S-1 MANUFACTURED STONE CORONADO - THIN BRICK URBANA SMOOTH - SMOKE THIN BRICK ACME - PACIFIC CLAY - BODEGA BAY T.O.PARAPET 121'-6" A.F.F. B.O. DT CANOPY 110'-0" A.F.F. FINISHED FLOOR 100'-0" T.O.PARAPET 119'-6" A.F.F. T.O.PARAPET 121'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. FINISHED FLOOR 100'-0" T.O. WINDOW 110'-0" A.F.F. T.O. WINDOW 110'-0" A.F.F. T.O.PARAPET 120'-0" A.F.F. 67'-1" 17'-0"4'-10"1'-0"6"7'-2"4'-10"17'-0"3'-5"9'-6"3'-3"1'-0"4"6"1'-0"11 35710986 2 1 BR CC CL-1RC-1 S-1RC-1 CL-1RC-1 CL-4RC-1 SF-2 C-1 S-1 CL-1 CL-1 CL-1 CL-3S-1CL-1CL-1S-1 C-1EP-3 EP-3 SF-1 RC-1 CL-2 13 sf 1.0%CL-3 130 sf 9.0%CL-4 RC-1 S-1 500 sf Total 35.0% CL-1 747 sf 53.0% South Elevation Materials SF Percent 22 sf 2.0% 1,412 sf 100% R C T.O.PARAPET 121'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. FINISHED FLOOR 100'-0" T.O. SILL 104'-0" A.F.F. T.O.PARAPET 119'-6" A.F.F. B.O. CANOPY 111'-6" A.F.F. FINISHED FLOOR 100'-0" B.O. DT CANOPY 110'-0" A.F.F. 39'-1" 12'-7"4"26'-7"BR CC AFDBEJCHGK CL-4 CL-2 C-1 CL-3 RC-1 CL-1RC-1EP-2 S-1EP-2 EP-2 RC-1 CL-2 C-1 CL-2 50 sf 6.0% 215 sf 28.0% 13 sf 2.0%RC-1 CL-3 CL-4 S-1 160 sf Total 780 sf 20.0% 100% CL-1 342 sf 44.0% SF PercentWest Elevation Materials CL-1 T.O. CMU WALL 108'-0" 20 GA. BLACK CAP FLASHING, GC SUPPLIED 20 GA. BLACK CAP FLASHING, GC SUPPLIED EP-2 CL-1 20 GA. BLACK CAP FLASHING, GC SUPPLIED CL-1 T.O. CMU WALL 108'-0" T.O. CMU WALL 108'-0" 13'-4"13'-4"13'-4" SOUTH ELEVATION3 PR-01 SCALE: 3/16" = 1'-0" NORTH ELEVATION1 PR-01 SCALE: 3/16" = 1'-0" GENERAL NOTES- FACADE PLAN 1.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INCLUDING ROOF TOP UNITS. 2.BRCC LOGO TO BE 1" OFFSET FROM FRONT OF E.I.F.S. FINISH. PAINT INTERIOR OF LOGO EP-2. OUTER CIRCLE TO BE CENTERED ON VERTICAL HEIGHT OF E.I.F.S. 3.PRE -ENGINEERED MTL. CANOPIES. CONFIRM INSTALLATION WITH SHOP DRAWINGS AND NOTIFY ARCHITECT OF ANY DISCREPANCIES. 4.CANOPY DOWNSPOUTS ARE TO BE PAINTED BLACK EP-3. DOWNSPOUTS TO DISCHARGE TO SLASH BLOCKS. 5.EXTERIOR SIGNAGE LOCATIONS ARE SHOWN AS REFERENCE. SIGNS TO BE PROVIDED AND INSTALLED BY SIGN VENDOR. 6.EXPOSED UTILITY BOXES AND CONDUITS TO BE PAINTED TO MATCH BUILDING 7.WINDOWS TO HAVE MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN PERCENT EAST ELEVATION2 PR-01 SCALE: 3/16" = 1'-0" WEST ELEVATION4 PR-01 SCALE: 3/16" = 1'-0" TRASH ENCLOSURE ELEVATIONS5 PR-01 SCALE: NTS Job#SHEET:220-220 BLACK RIFLE COFFEE COMPANY PROSPER, TX, 75078 BUILDING FACADE/ ELEVATION PLAN OWNER ANTHONY THOMPSON BLACK RIFFLE COFFEE COMPANY 210.419.5243 anthony.thompson @blackriflecoffee.com APPLICANT JULIANNE MCGEE PERMIT EXPEDITOR 682.429.6245 julianne@gmail.com ARCHITECT ALEXANDRA MATIS THE DIMENSION GROUP 10755 SANDHILL RD, DALLAS, TX 75238 214.343.9400 amatis@dimensiongroup.com PR-01Date6/29/22 Drawn By Checked By RP KS ARCHITECTURE CIVIL ENGINEERING MEP ENGINEERING 10755 SANDHILL ROAD, DALLAS, TEXAS 75238 TEL: 214-343-9400 www.dimensiongrp.com Scale AS NOTED BUILDING ELEVATION EXHIBIT PROSPER, TX, 75078 EP-1 EXTERIOR PAINT SHERWIN WILLIAMS FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS A-100 EP-2 EXTERIOR PAINT (FOR EIFS)SHERWIN WILLIAMS COLOR: - SW 6258 TRICORN BLACK SHEEN: MATTE EP-3 EXTERIOR PAINT (FOR METAL)SHERWIN WILLIAMS EP-4 EXTERIOR PAINT (FOR WOOD)SHERWIN WILLIAMS CL-1 CL-2 METAL FASCIA PAC-CLAD WALL FINISHESCOLOR: - SW 7005 PURE WHITE SHEEN: MATTE STYLE: HIGHLINE B1 24 GA COLOR: MATTE BLACK EXTERIOR FINISH SCHEDULE MARK MATERIAL MANUFACTURER STYLE/COLOR NOTES VERTICAL INSTALLATION. INSTALL PER MFR RECOMMENDATIONS. FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS A-100 FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS PRO INDUSTRIAL ACRYLIC 866 FINISH PER MFR RECOMMENDATIONS. PRIMER: (1) COAT - FINISH COAT: (2) COATS PRO INDUSTRIAL ACRYLIC 866 COLOR: - SW 6258 TRICORN BLACK SHEEN: MATTE COLOR: - SW 6258 TRICORN BLACK SHEEN: MATTE CL-3 CL-4 E.I.F.S.DRYVIT OR APPROVED SUBSTITUTE WOOD TREX INSTALL PER MFR. RECOMMENDATIONS. RAIN-SCREEN APPLICATION METHOD TO BE USED. MITER CORNERS. STYLE: TRANSCEND SQUARE EDGE DECK BOARDS COLOR: HAVANA GOLD COLOR: #612 MOONLIGHT INSTALL EIFS TO THICKNESS SPECIFIED ON WALL SECTIONS. INSTALL PER MFR. RECOMMENDATIONS. RC-1 METAL ROOF COPING ROOF MFR.STYLE: MATCH ROOF SYSTEM COLOR: BLACK INSTALL PER MFR. RECOMMENDATIONS. IF BLACK IS UNAVAILABLE, G.C. MAY SUBSTITUE DARK BRONZE, CONFIRM WITH ARCHITECT BEFORE PURCHASE. MR-1 MEMBRANE ROOFING SYSTEM DURO-LAST STYLE: 40 MIL SINGLE-PLY PVC ROOFING MEMBRANE COLOR: WHITE INSTALL PER MFR. RECOMMENDATIONS. S-1 MANUFACTURED STONE CORONADO THIN BRICK - URBAN SMOOTH SMOKE INSTALL PER MFR. RECOMMENDATIONS. CL-1 THIN BRICK ACME INSTALL ACME THIN BRICK PER MFR RECOMMENDATIONS. USE INSIDE AND OUTSIDE CORNERS WERE REQ'D . ALL REQ'D TRIM TO BE BLACK IN COLOR. STYLE: PACIFIC CLAY COLOR: BODEGA BAY Page 183 Item 11. 30'LANDSCAPEEASEMENTDRAINAGE ESMTDOC NO. 2020-387, PRCCT15' SEWER ESMTVOL. 4343, PG. 2722 DRCCT18' FIRELANE ACCES, DRAINAGE, & UTILITY ESMTDOC NO. 2020-387, PRCCTS90°00'00"E 206.70'15' WATER ESMTDOC NO. 2020-387, PRCCT15' DRAINAGE ESMTDOC. NO. 2020-387, PRCCTWATER ESMTDOC.NO. 2020-387, PRCCT10' WATER ESMTDOC.NO. 2020-387, PRCCTDRAINAGE ESMTDOC.NO. 2020-387, PRCCT30' LANDSCAPE ESMTDOC.NO. 2020-387, PRCCT30' LANDSCAPE ESMTDOC.NO. 2020-387, PRCCT15' WATER ESMTDOC.NO. 2020-387, PRCCT15' DRAINAGE ESMTDOC.NO. 2020-387, PRCCT5' LANDSCAPESETBACK(22) MP(40) IC(20) IC(20) MP(1) TD(3) UC(7) QV(1) UC(13) ML(20) MP(6) CF(1) UC(1) TD(5) CC(6) LI(2) LI(35) IC(30) MPDATENo.REVISION BYDATE:SHEETCHECKED:DDDRAWN:MBTDESIGN:MBT1903 CENTRAL DR. SUITE #406 PHONE: 817.281.0572 BEDFOERD, TX. 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199File No. 2022-XXXBLACK RIFLE COFFEE PROSPER, TX 75078 3/7/2022SURVEY:ABSTRACT NO.:COUNTY: COLLINCOLLIN COUNTY SCHOOLLAND SURVEY147CITY: PROSPERSTATE: TEXASLEGAL DESCRIPTION:LOT 3, BLOCK A OF WINDMILL HILL ADDITIONAREA = 0.81 ACOWNER:BG-GBT BROADWAY & PRESTON LP9550 JOHN W ELLIOTT DR. SUITE 106FRISCO, TX 75033PH: CONTACT NAME: TEAGE GRIFFINAPPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572 CONTACT NAME : DREW DONOSKYSURVEYOR:EAGLE SURVEYING210 S. ELM ST., SUITE 104DENTON, TX 76201PH:940.222.3009 CONTACT: MASON DECKERDATE:4/25/2022LOT AREA:35,401 SFREQUIRED OPEN SPACE:2,478 SF (7%)PROVIDED OPEN SPACE:7,397 SF (20.9%)STREET FRONTAGEHIGHWAY 289 - 206 LFTREES @ 1 / 30 LF:7 TREES REQUIRED7 TREES PROVIDEDSHRUBS @ 15 / 30 LF:104 SHRUBS REQUIRED124 SHRUBS PROVIDEDPARKING LOTTOTAL PARKING SPACES:26REQUIRED INTERIOR LANDSCAPE AREA:390 SF (15 SF / PARKING SPACE)PROVIDED INTERIOR LANDSCAPE AREA:5,208 SF1 TREE PROVIDED AT THE TERMINUS OF EACH PARKING BAYADDITIONAL SHRUBS PROVIDED AS A SOLID LIVING SCREENDRIVE-THRU ISLAND LANDSCAPEWEST PROPERTY LINEORNAMENTAL TREES @ 15' O.C.:REQUIREDORNAMENTAL TREES @ 15' O.C.:PROVIDEDSHRUBS @ 5 / 15':REQUIREDSHRUBS @ 5 / 15':PROVIDEDSOUTH PROPERTY LINEORNAMENTAL TREES @ 15' O.C.:REQUIREDORNAMENTAL TREES @ 15' O.C.:PROVIDEDSHRUBS @ 5 / 15':REQUIREDSHRUBS @ 5 / 15':PROVIDEDLANDSCAPE CALCULATIONS(800) 680-663015455 Dallas Pkwy., Ste 600Addison, TX 75001www.EvergreenDesignGroup.comEVERGREEND E S I G N G R O U PScale 1" = 20'10'40'20'0'TOWN OF PROSPER MAINTENANCE STANDARDSA.THE OWNER, TENANT AND/OR THEIR AGENT, IF ANY, SHALL BE JOINTLY AND SEVERALLY RESPONSIBLEFOR THE MAINTENANCE OF ALL LANDSCAPING REQUIRED BY THIS ORDINANCE. ALL PLANT MATERIALSHALL BE PERPETUALLY MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATE FORTHE SEASON OF THE YEAR. PLANT MATERIALS THAT DIE SHALL BE REPLACED BY PROPERTY OWNER,TENANT OR AGENT WITH PLANT MATERIAL OF SIMILAR VARIETY AND SIZE, WITHIN THIRTY (30) DAYS OFNOTIFICATION BY THE TOWN OR A DATE APPROVED BY THE TOWN.B.ALL TREES LOCATED ON TOWN PROPERTY SHALL BE CARED FOR BY THE TOWN UNLESS THATRESPONSIBILITY IS TRANSFERRED TO ANOTHER ENTITY THROUGH A COUNCIL-APPROVED AGREEMENT.THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT SHALL ENSURE THAT THE TOWN, OR ITSCONTRACTOR, MONITORS AND CARES FOR TREES IN A WAY THAT PROMOTES A HEALTHY AND GROWINGURBAN FOREST, IS PERFORMED ACCORDING TO ANSI A300, “STANDARDS FOR TREE CARE OPERATIONS,”AND TREE CARE BEST MANAGEMENT PRACTICES PUBLISHED BY THE INTERNATIONAL SOCIETY OFARBORICULTURE. IT SHALL BE UNLAWFUL TO REMOVE, PRUNE, DAMAGE OR OTHERWISE HARM TREESON TOWN PROPERTY WITHOUT PERMISSION FROM THE DIRECTOR OF THE PARKS AND RECREATIONDEPARTMENT. THE PARKS AND RECREATION DEPARTMENT SHALL BE RESPONSIBLE FOR DEVELOPINGAND UPDATING AN ANNUAL WORK PLAN. THIS WORK PLAN SHALL DOCUMENT WHAT MAINTENANCEACTIVITIES ARE BEING PERFORMED AND SCHEDULED EACH YEAR. THE PARKS AND RECREATION BOARDMAY APPOINT AN ADVISORY COMMITTEE TO FOCUS ON ISSUES AND INITIATIVES THAT PERTAIN TO ANYURBAN FOREST THAT IS LOCATED ON PUBLIC LANDS.1)Plant material shall be measured and sized according to the latest edition of the Texas Nursery & Landscape Association (TNLA) Specifications, Grades andStandards.2)All plant substitutions are subject to Town approval and must be specified on the approved landscape plan.3)All turf areas to be established prior to the Certificate of Occupancy, unless otherwise approved by the Town.4)Ground covers used in lieu of turf grass must provide complete coverage within one (1) year of planting and maintain adequate coverage as approved by the Town.5)Trees must be planted four (4) feet or greater from curbs, sidewalks, utility lines, screening walls, and/or other healthy root growth.6)Tree pits shall have roughened sides and be two to three times wider than the root ball of the tree in order to facilitate healthy root growth. Use of tree augers to digtree holes are discouraged.7)Tree pits shall be tested for water percolation. If water does not drain out of tree pit within a 24-hour period, the contractor shall provide berming, or devisealternative drainage.8)Trees shall not be planted deeper than the base of the “trunk flare”.9)The tree pit shall be backfilled with native topsoil free of rock and other debris.10)Burlap, twine, and wire baskets shall be loosened and pulled back from the trunk of tree as much as possible.11)Trees shall not be watered to excess that results in soil saturation. If soil becomes saturated, the watering schedule shall be adjusted to allow for drainage andabsorption of the excess water.12)A 3-4” layer of mulch shall be provided around the base of the planted tree. The mulch shall be pulled back 1-2” from the trunk of the tree.13)No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicioustechniques include, but are not limited to, topping or other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the deathof a tree.14)Topsoil shall be a minimum of eight (8) inches in depth in planting areas. Soil shall be free of stones, roots, and clods and any other foreign material that is notbeneficial for plant growth.15)All plant beds shall be top-dressed with a minimum of three (3) inches of mulch.16)Trees overhanging walks and parking shall have a minimum clear trunk height of seven (7) feet. Trees overhanging public street pavement drive aisles and fire lanesshall have a minimum clear trunk height of fourteen (14) feet.17)A visibility triangle must be provided at all intersections, where shrubs are not to exceed thirty (30) inches in height, and trees shall have a minimum clear trunkheight of nine (9) feet.18)Trees planted on a slope shall have the tree well at the average grad of slope.19)No shrubs shall be permitted within areas less than three (3) feet in width. All beds less than three (3) feet in width shall be grass, groundcover, or some type offixed paving.20)The owner, tenant, and/or their agents, if any, shall be jointly and severally responsible for the maintenance, establishment, and permanence of plant material. Alllandscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not limited to, mowing, edging, pruning, fertilizing, watering, andother activities necessary for the maintenance of landscaped areas.21)All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material that is damaged, destroyed, orremoved shall be replaced with plant material of similar size and variety within thirty (30) days unless otherwise approved in writing by the Town of Prosper.22)Landscape and open areas shall be kept free of trash, litter, and weeds.23)An automatic irrigation system shall be provided to irrigate all landscape areas. Overspray on streets and walks is prohibited. A permit from the Building InspectionDivision is required for each irrigation system.24)No plant material shall be allowed to encroach on right-of-way, sidewalks, or easements to the extent that the vision or route of travel for vehicular, pedestrian, orbicycle traffic is impeded.25)No planting areas shall exceed 3:1 slope (3 ft Horizontal to 1 ft Vertical).26)Earthen berms shall not include construction debris. Contractor must correct slippage or damage to the smooth finish grad of the berm prior to acceptance.27)All walkways shall meet ADA and TAS requirements.28)Contact Michael @ Town of Prosper Parks and Recreation Division at ((972) 579-1051-Direct Office or ((972)400-0023 Cell) for landscape inspection. Note thatlandscape installation must comply with approved landscape plans prior to final acceptance by the Town and/or obtaining a Certificate of Occupancy.29)Final inspection and approval of screening walls, irrigation, and landscape is subject to all public utilities, including but not limited to manholes, valves, water meters,cleanouts, and other appurtenances, to be accessible, adjusted to grade, and to the Town of Prosper’s Public Works Department standards.30)Prior to calling for a landscape inspection, the contractor is responsible for marking all manholes, valves,water meters, cleanouts, and other utility appurtenances with flagging for field verification by the Town.TOWN OF PROSPER GENERAL LANDSCAPE NOTESNO EXISTING TREES ON SITE1.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERENOTED TO REMAIN). BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THEGRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE LANDSCAPE CONTRACTORSHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. SEE SPECIFICATIONS FORMORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION.2.CONSTRUCT AND MAINTAIN FINISH GRADES IN LANDSCAPE AREAS AS SHOWN ON GRADING PLANS, ANDCONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPEAREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED INTHE REPORT, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THESURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. SHOULD ANY CONFLICTS AND/ORDISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES, ANDACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OFTHE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER.3.ENSURE THAT THE GRADE IN SHRUB AREAS SHALL BE 2" BELOW FINISH GRADE AFTER INSTALLING SOILAMENDMENTS, AND 1" BELOW FINISH GRADE IN TURF AREAS AFTER INSTALLING SOIL AMENDMENTS. MULCHCOVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OFTHE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOPOF WALL.4.INSTALL 5 OUNCE, WOVEN, NEEDLE-PUNCHED POLYPROPYLENE FABRIC (DeWITT "PRO-5" OR EQUAL) UNDERALL MULCHED AREAS AND INDIVIDUAL TREE RINGS.5.INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING BEDS AND TREERINGS. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE.6.INSTALL 14G, GREEN STEEL EDGING BETWEEN ALL PLANTING BEDS AND TURF AREAS, AND BETWEENGROUNDCOVERS AND OTHER PLANTS (WHERE INDICATED ON THE PLAN).7.HYDROMULCH ALL DISTURBED AREAS OUTSIDE OF PROPERTY LIMITS (UNLESS SHOWN AS SOD).8.ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPEARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALLREQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTINGMETHODS, TREE PROTECTION METHODS, ETC.).9.THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIESSHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF ADISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN(FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE.10.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OFTHE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTORSHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS).11.PLANTS MAY BE INSPECTED AND APPROVED OR REJECTED ON THE JOBSITE BY THE OWNER OR OWNER'SREPRESENTATIVE.12.SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTSTHE CONTRACTOR SHALL INSTALL ROOT BARRIERS NEAR ALL NEWLY-PLANTED TREES THAT ARELOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. ROOT BARRIERS SHALL BE "CENTURY" OR"DEEP-ROOT" 24" DEEP PANELS (OR EQUAL). BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENTTO HARDSCAPE. INSTALL PANELS PER MANUFACTURER'S RECOMMENDATIONS. UNDER NOCIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE THAT COMPLETELYENCIRCLE THE ROOTBALL.ROOT BARRIERSGENERAL PLANTING NOTESAFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 3" THICK LAYER OF 1-1/2"SHREDDED WOOD MULCH OVER LANDSCAPE FABRIC IN ALL PLANTING AREAS (EXCEPT FOR TURF ANDSEEDED AREAS). CONTRACTOR SHALL SUBMIT SAMPLES OF ALL MULCHES TO LANDSCAPEARCHITECT AND OWNER FOR APPROVAL PRIOR TO CONSTRUCTION. ABSOLUTELY NO EXPOSEDGROUND SHALL BE LEFT SHOWING ANYWHERE ON THE PROJECT AFTER MULCH HAS BEEN INSTALLED.MULCHESPLANTING AND IRRIGATION GUARANTEETHE LANDSCAPE CONTRACTOR SHALL GUARANTEE THAT ALL NEWLY INSTALLED AND EXISTINGPLANTS SHALL SURVIVE FOR ONE YEAR AFTER FINAL OWNER ACCEPTANCE OF THE INSTALLATIONWORK. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR APPROPRIATE WATERING OF THELANDSCAPE THROUGH INSTALLATION OF A PROPERLY DESIGNED IRRIGATION SYSTEM. THE OWNERSHALL APPROVE THE SYSTEM DESIGN BEFORE INSTALLATION OF PLANTS OR IRRIGATION.LP-1LANDSCAPE PLANTING .HIAENSSTE HCCTTES A P ETSTAIREG 03OF47ETX LRLDR E CAANDSWEPAESETSSTEEL EDGINGBETWEEN TURFAND SHRUB/TREEPLANTING BEDSTREESCODECOMMON / BOTANICAL NAMESIZECONTAINERQTYCCTexas Redbud / Cercis canadensis 'texensisCONT.3" Cal5min. 7' ht.LIDallas Red Crape Myrtle / Lagestroemia indica 'Dallas Red'CONT.3" Cal8min. 7' ht..UCCedar Elm / Ulmus crassifoliaCONT.3" Cal5min. 10' - 12' ht.QVLive Oak / Quercus virginianaCONT.3" Cal7min. 10' - 12' ht.TDBald Cypress / Taxodium distichumCONT.3" Cal2min. 10' - 12' ht.SHRUBSCODECOMMON / BOTANICAL NAMESIZEQTYCFBlue Zinger Sedge / Carex flacca 'Blue Zinger'1 gal66" TallICNeedlepoint Holly / Ilex cornuta 'Needlepoint'5 gal9536" o.c., min. 24" Tall, 36" in height within 1 yearMLMuhlenbergia lindheimeri / Lindheimer Muhly Grass3 gal1336" o.c., min. 24" TallMPDwarf Wax Myrtle / Myrica pusilla5 gal9236" o.c., min. 24" Tall, 36" in height within 1 yearsGROUND COVERSCODECOMMON / BOTANICAL NAMESIZEQTYCDBermuda Grass / Cynodon dactylon `tif 419`sod 15,478 sfPLANT_SCHEDULEPLANT_SCHEDULENEW INSPECTIONS WILL BE MADE FOR THE FOLLOWING:1.) TREE HEIGHT, WIDTH & CALIPER (AT DELIVERY)2.) SHRUB HEIGHT, WIDTH & CONTAINER SIZE (AT DELIVERY)(ANY UNDERSIZED PLANT NOT FULLY ROOTED MAY BE DENIED BY PARKS AT INSPECTION)3.) INSPECTION OF TREE PIT SIDE WALLS & DEPTH.4.) INSPECT AT LEAST ONE (1) PERCOLATION TESTED PIT.NOTE TO LANDSCAPE CONTRACTOR:TREE RELOCATED DUETO DRAINAGE EASMENTTREE RELOCATED DUETO SIDEWALK06/30/22 CITY COMMENTS Page 184Item 11. DATENo.REVISION BYDATE:CHECKED:DDDRAWN:MBTDESIGN:MBT1903 CENTRAL DR. SUITE #406 PHONE: 817.281.0572 BEDFOERD, TX. 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199File No. 2022-XXXBLACK RIFLE COFFEE PROSPER, TX 75078 3/7/2022SURVEY:ABSTRACT NO.:COUNTY: COLLINCOLLIN COUNTY SCHOOLLAND SURVEY147CITY: PROSPERSTATE: TEXASLEGAL DESCRIPTION:LOT 3, BLOCK A OF WINDMILL HILL ADDITIONAREA = 0.81 ACOWNER:BG-GBT BROADWAY & PRESTON LP9550 JOHN W ELLIOTT DR. SUITE 106FRISCO, TX 75033PH: CONTACT NAME: TEAGE GRIFFINAPPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572 CONTACT NAME : DREW DONOSKYSURVEYOR:EAGLE SURVEYING210 S. ELM ST., SUITE 104DENTON, TX 76201PH:940.222.3009 CONTACT: MASON DECKERDATE:4/25/2022(800) 680-663015455 Dallas Pkwy., Ste 600Addison, TX 75001www.EvergreenDesignGroup.comEVERGREEND E S I G N G R O U P.HIAENSSTE HCCTTES A P ETSTAIREG 03OF47ETX LRLDR E CAANDSWEPAESETS LP-2LANDSCAPE PLANTING DETAILS & SPECIFICATIONS 4X2X3215674123SHRUB, PERENNIAL, OR ORNAMENTAL GRASS.MULCH, TYPE AND DEPTH PER PLANS. PLACE NOMORE THAN 1" OF MULCH WITHIN 6" OF PLANTCENTER.FINISH GRADE.BACKFILL. AMEND AND FERTILIZE ONLY ASRECOMMENDED IN SOIL FERTILITY ANALYSIS.ROOT BALL.UNDISTURBED NATIVE SOIL.3" HIGH EARTHEN WATERING BASIN.567SHRUB AND PERENNIAL PLANTINGSCALE: NTSB8WEED FABRIC UNDER MULCH.8PLANTING SPECIFICATIONSFINISH GRADE.44321NOTES:1)INSTALL EDGING SO THAT STAKES WILL BE ON INSIDE OF PLANTING BED.2)BOTTOM OF EDGING SHALL BE BURIED A MINIMUM OF 1" BELOW FINISH GRADE.3)TOP OF MULCH SHALL BE 1" LOWER THAN TOP OF EDGING.MULCH, TYPE AND DEPTH PER PLANS.3TAPERED STEEL STAKES.2ROLLED-TOP STEEL EDGING PER PLANS.1DSCALE: NOT TO SCALESTEEL EDGINGTREE PLANTINGSCALE: NOT TO SCALEAGENERALA.QUALIFICATIONS OF LANDSCAPE CONTRACTOR1.ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPEPLANTING.2.A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNERFOR FURTHER QUALIFICATION MEASURES.3.THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXASDEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSE ISSUED BYEITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD.B.SCOPE OF WORK1.WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES,EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION ANDCOMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS.2.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BYAUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BYFEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS.3.THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER,ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK.PRODUCTSA.ALL MANUFACTURED PRODUCTS SHALL BE NEW.B.CONTAINER AND BALLED-AND-BURLAPPED PLANTS:1.FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL-SHAPED, FULLY BRANCHED,HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD,INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OFA FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECTSITE, AND WITH SIMILAR CLIMACTIC CONDITIONS.2.ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLINGAND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS).3.ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVED FROMTHE SITE AND SHALL BE REPLACED WITH AN ACCEPTABLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWNEXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED.THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL.4.ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BEACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING.5.CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOTFLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FORTREES EXCEEDING FOUR INCHES IN CALIPER.6.MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL.7.ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HASBEEN COMPLETELY COVERED, SHALL BE REJECTED.C.SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURFWITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATINGTHE COMPOSITION OF THE SOD.D.SEED: PROVIDE BLEND OF SPECIES AND VARIETIES AS NOTED ON THE PLANS, WITH MAXIMUM PERCENTAGES OF PURITY,GERMINATION, AND MINIMUM PERCENTAGE OF WEED SEED AS INDICATED ON PLANS. EACH BAG OF SEED SHALL BEACCOMPANIED BY A TAG FROM THE SUPPLIER INDICATING THE COMPOSITION OF THE SEED.E.TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS, ANDSEEDS.F.COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M;NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE ORANIMAL-BASED PRODUCTS SHALL BE USED.G.FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS INPROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTING AGENCY(SEE BELOW).H.MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OFTREES AND SHRUBS.I.WEED FABRIC: 5 OUNCE, WOVEN, NEEDLE-PUNCHED FABRIC, SUCH AS DEWITT PRO5 LANDSCAPE FABRIC (OR APPROVEDEQUAL).J.TREE STAKING AND GUYING1.STAKES: 6' LONG GREEN METAL T-POSTS.2.GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER.3.STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREETRUNKS FROM DAMAGE.M.STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN.ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL.N.PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFICORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THEMANUFACTURER'S LABELED RATES.METHODSA.SOIL PREPARATION1.BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS AREWITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIESEXIST.2.SOIL TESTING:a.AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES TESTED BY ANESTABLISHED SOIL TESTING LABORATORY FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY,pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. EACHSAMPLE SUBMITTED SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL.b.CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOILSAMPLES.c.THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (ASAPPROPRIATE): GENERAL SOIL PREPARATION AND BACKFILL MIXES, PRE-PLANT FERTILIZER APPLICATIONS, AND ANYOTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENTPERIOD AND FOR LONG-TERM MAINTENANCE.3.THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS.ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BESUBMITTED TO THE OWNER WITH THE REPORT.4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING:a.TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTERCROSS-RIPPING:i.NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F.ii.AMMONIUM PHOSPHATE 16-20-0 - 15 LBS PER 1,000 S.F.iii.AGRICULTURAL GYPSUM - 100 LBS PER 1,000 S.F.b.TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BYMEANS OF ROTOTILLING AFTER CROSS-RIPPING:i.NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F.ii.12-12-12 FERTILIZER - 10 LBS. PER CU. YD.iii.AGRICULTURAL GYPSUM - 10 LBS. PER CU. YD.iv.IRON SULPHATE - 2 LBS. PER CU. YD.5.CONTRACTOR SHALL ENSURE THAT THE GRADE IN SOD AREAS SHALL BE 1" BELOW FINISH GRADE BEFORE INSTALLING SOILAMENDMENTS, AND 2" BELOW FINISH GRADE IN SHRUB AREAS BEFORE INSTALLING SOIL AMENDMENTS. MULCH COVERWITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS ANDCURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL.6.ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS,TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL.B.GENERAL PLANTING1.REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS.2.EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THEMANUFACTURER'S RECOMMENDED RATE.3.TRENCHING NEAR EXISTING TREES:a.CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOTZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOIDINJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDINGOUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNKDIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK).b.ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION ORTRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ.c.ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAPEXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THECANOPY DRIP LINES WITHIN 24 HOURS.d.ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USEANY SORT OF SEALERS OR WOUND PAINTS.C.TREE PLANTING1.TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL,AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES.2.SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVE ANYGLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE.3.FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS,THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREESJUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL.4.INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHESABOVE THE SURROUNDING GRADE.5.BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. AND ALLOTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BEREQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON-SITE OR IMPORT ADDITIONAL TOPSOILFROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURALCLASS AND COMPOSITION IN THE ON-SITE SOIL.6.THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPECONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALLSTRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THEFOLLOWING GUIDELINES:a.1"-2" TREESTWO STAKES PER TREEb.2-1/2"-4" TREESTHREE STAKES PER TREEc.TREES OVER 4" CALIPERGUY AS NEEDEDd.MULTI-TRUNK TREESTHREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TOSTABILIZE THE TREE7.UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THEINTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTHPER PLANS).D.SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING1.DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANTIN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS.2.INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THE WEEDBARRIER CLOTH IN PLACE.3.WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS,COVERING THE ENTIRE PLANTING AREA.E.SODDING1.SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN.2.LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN.3.LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DONOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES.4.ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH.5.WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIXINCHES OF PENETRATION INTO THE SOIL BELOW THE SOD.F.CLEAN UP1.DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT,ORDERLY CONDITION.2.DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE.G.INSPECTION AND ACCEPTANCE1.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OFDEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUESTAN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY.2.WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPECONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24HOURS.3.THE LANDSCAPE WARRANTY PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEENRE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINALACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE WARRANTY PERIOD WILL COMMENCE.H.PLANT GUARANTEE AND REPLACEMENTS1.THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD,SEEDED/HYDROMULCHED AREAS, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THEOWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HIS OWNEXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANYPORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY.2.DURING THE GUARANTEE PERIOD, THE LANDSCAPE CONTRACTOR SHALL ONLY BE RESPONSIBLE FORREPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHERDAMAGE BY HUMAN ACTIONS.I.PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORDDRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGHCHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS.5674189111012PREVAILINGWINDS123TREE CANOPY.CINCH-TIES (24" BOX/2" CAL. TREES AND SMALLER) OR12 GAUGE GALVANIZED WIRE WITH NYLON TREESTRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREESAND LARGER). SECURE TIES OR STRAPS TO TRUNKJUST ABOVE LOWEST MAJOR BRANCHES.GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTOUNDISTURBED SOIL.24" X 3/4" P.V.C. MARKERS OVER WIRES.PRESSURE-TREATED WOOD DEADMAN, TWO PERTREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND18" MIN. INTO UNDISTURBED SOIL.MULCH, TYPE AND DEPTH PER PLANS. DO NOTPLACE MULCH WITHIN 6" OF TRUNK.FINISH GRADE.BACKFILL. AMEND AND FERTILIZE ONLY ASRECOMMENDED IN SOIL FERTILITY ANALYSIS.ROOT BALL.UNDISTURBED NATIVE SOIL.4" HIGH EARTHEN WATERING BASIN.TRUNK FLARE.CONIFEROUSTREEPREVAILINGWINDSSTAKING EXAMPLES (PLAN VIEW)2467891011143X ROOTBALL DIA.523512NON-CONIFEROUSTREE1313FINISH GRADE.TYPICAL CURB AND GUTTERTYPICAL PLANTING AREATYPICAL SYMBOL FOR LINEAR ROOTBARRIER MATERIAL. SEE PLANTINGNOTES FOR TYPE AND MANUFACTURER.INSTALL PER MANUFACTURER'SSPECIFICATIONS.TREE CANOPYTREE TRUNKTYPICAL WALKWAY OR PAVING1234561423565'5'5'5'OPEN LANDSCAPEPARKWAYTO 10'ROOT BARRIER - PLAN VIEWSCALE: NOT TO SCALEEPLANT SPACINGSCALE: NTSFTURF (WHERE SHOWN ON PLAN).4PLANT.3MULCH LAYER.2CURB.11432OF MATURE CANOPY24" MIN. TO EDGEDISTANCE PER PLANCSCALE: NOT TO SCALEPLANTING AT PARKING AREAPLANT CENTER (TYP.)EQUAL EQUALEQUALEDGE OF PLANTING AREAEQUALNOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS ASINFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS.1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA:TOTAL AREA / AREA DIVIDER = TOTAL PLANTSPLANT SPACINGAREA DIVIDERPLANT SPACINGAREA DIVIDER6"0.2218"1.958"0.3924"3.4610"0.6030"5.4112"0.8736"7.7915"1.352) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THE PLANTED AREA WITHTHE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANT SPACING = TOTAL PLANT SUBTRACTIONEXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETERSTEP 1: 100 SF/1.95 = 51 PLANTSSTEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL06/30/22 CITY COMMENTS Page 185Item 11. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services Hulon T. Webb, Jr., Interim Executive Director of Development, and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon authorizing the Mayor to execute a Development Agreement between SCSD-FINNELL, LTD, and the Town of Prosper, Texas, related to the Black Rifle Coffee development, located on the southwest corner of Broadway Street and Preston Road. Description of Agenda Item: On July 26, 2022, the Town Council approved the proposed request, by a vote of 6-0. The purpose of the Development Agreement is for the architectural building materials and the landscape plan. 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 Town Staff Recommendation: Town staff recommends the Town Council authorizing the Mayor to execute a Development Agreement between SCSD-FINNELL, LTD, and the Town of Prosper, Texas, related to the Black Rifle Coffee development, located on the southwest corner of Broadway Street and Preston Road. Proposed Motion: I move to authorizing the Mayor to execute a Development Agreement between SCSD-FINNELL, LTD, and the Town of Prosper, Texas, related to the Black Rifle Coffee development, located on the southwest corner of Broadway Street and Preston Road. Prosper is a place where everyone matters. PLANNING Page 186 Item 12. Page 187 Item 12. Page 188 Item 12. Page 189 Item 12. Page 190 Item 12. Page 191 Item 12. STATE OF TEXAS ) ) COUNTY OF COLLIN ) TOWN: THE TOWN OF PROSPER, TEXAS By:---------­Name: David F. Bristol Title: Mayor This instrument was acknowledged before me on the_ day of August, 2022, by David F. Bristol, Mayor of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. Notary Public, State of Texas My Commission Expires: _______ _ 6 4881-4750-8012, V. 1 Page 192 Item 12. Page 193 Item 12. Page 194 Item 12. Page 195 Item 12. Page 196 Item 12. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services. Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive- Through Service, on 1.2± acres, in the Victory at Frontier development. (S22-0006). Description of Agenda Item: On July 26, 2022, the Town Council approved the proposed request, by a vote of 4-2. A Specific Use Permit 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 Attached Documents: At their June 21, 2022, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Town Staff Recommendation: Town staff recommends approval of an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development. (S22-0006) Proposed Motion: I move to approve an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive- Through Service, on 1.2± acres, in the Victory at Frontier development. (S22-0006). Prosper is a place where everyone matters. PLANNING Page 197 Item 13. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__ AN ORDINANCE AMENDING PROSPER’S TOWN’S ZONING ORDINANCE; GRANTING A SPECIFIC USE PERMIT (SUP) FOR A RESTAURANT WITH DRIVE-THROUGH SERVICE CONSISTING OF 1.198 ACRES, MORE OR LESS, SITUATED IN THE SPENCER RICE SURVEY, ABSTRACT NO. 787, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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 town’s zoning ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Victory at Frontier, LP (“Applicant”) for a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, consisting of 1.198 acres of land, more or less, in the Spencer Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes: 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 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) for a Restaurant with Drive-Through Service, consisting of 1.198 acres of land, more or less, in the Spencer Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with the conceptual development plans, attached hereto as Exhibit Page 198 Item 13. Ordinance No. 2022-__, Page 2 “B,” Exhibit “C,” and Exhibit “D,” which are incorporated herein for all purposes as if set forth verbatim, subject to the following condition of approval by the Town Council: 1. Approval of a Development Agreement, including, but not limited to, right-of-way and/or easement dedication, and architectural 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 199 Item 13. Ordinance No. 2022-__, 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 9TH DAY OF AUGUST, 2022. ______________________________ Jeff Hodges, Mayor Pro-Tem ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 200 Item 13. LOT 3, BLOCK A, VICTORY AT FRONTIER VOL. 2018, PG. 699 P.R.C.C.T. LOT 2, BLOCK A, VICTORY AT FRONTIER VOL. 2018, PG. 699 P.R.C.C.T.OUOUOUOUOUOUOUOUOUN. PRESTON ROAD(STATE HIGHWAY 289)VARIABLE WIDTH R.O.W. AS SHOWN ON VOL. 2018, PG. 699, P.R.C.C.T.PORTION OF LOT 3, BLOCK A VOL. 2018, PG. 699 P.R.C.C.T. 1.198 ACRES 52,186 SQUARE FEET N88°35'37"W 344.09'N01°24'24"E 167.98'N89°26'11"E 83.18'S00°15'13"W 26.31' S88°35'36"E 263.84'S01°24'24"W 76.26'S04°16'09"W 68.37'LOT 3, BLOCK A, VICTORY AT FRONTIER VOL. 2018, PG. 699 P.R.C.C.T. CATEGORY 1A, CONDITION II LAND TITLE SURVEY PORTION OF LOT 3, BLOCK A VICTORY AT FRONTIER TOWN OF PROSPER COLLIN COUNTY, TEXAS PROPERTY DESCRIPTION BEING a portion of Lot 3 in Block A of Victory at Frontier, an addition in the Town of Prosper, Collin County, Texas, according to the plat recorded under Volume 2018, Page 699, Plat Records of Collin County, Texas, (P.R.C.C.T.), the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone, North American Datum of 1983 (NAD '83)): BEGINNING at a 1/2 inch rebar with pink cap stamped, “BARTON CHAPA” set (hereinafter called “capped rebar set”) for the southeast corner of the herein described tract, said point being in the east line of said Lot 3; THENCE through the interior of said Lot 3 the following calls: 1.North 88 degrees 35 minutes 37 seconds West, a distance of 344.09 feet to an “X” cut in concrete set; 2.North 01 degrees 24 minutes 24 seconds East, a distance of 167.98 feet to an “X” cut in concrete set; 3.North 89 degrees 26 minutes 11 seconds East, a distance of 83.18 feet to an “X” cut in concrete set in the west line of Lot 2 in said Block A; THENCE South 00 degrees 15 minutes 13 seconds West, with the west line of said Lot 2, a distance of 26.31 feet to a capped rebar set; THENCE South 88 degrees 35 minutes 36 seconds East, with the south line of said Lot 2, a distance of 263.84 feet to a capped rebar set for the southeast corner thereof, same being a northeast corner of said Lot 3; THENCE South 01 degrees 24 minutes 24 seconds West, with the east line of said Lot 3, a distance of 76.26 feet to a capped rebar set; THENCE South 04 degrees 16 minutes 09 seconds West, with the east line of said Lot 3, a distance of 68.37 feet to the POINT OF BEGINNING and enclosing 1.198 acres (52,186 square feet) of land, more or less. TITLE COMMITMENT NOTES This survey was prepared without the benefit of a commitment for title insurance. Therefore, easements, agreements, or other documents, either recorded, or unrecorded may exist that affect the subject property that are not shown on this survey. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. This survey meets the minimum requirements for a Category 1A, Condition II Land Title Survey. Fieldwork was completed on September 14, 2020. Date of Plat/Map: September 15, 2020 _____________________________ John H. Barton III, RPLS# 6737 TERMS OF ACCEPTANCE OF SURVEY This survey is issued pursuant to a real estate transaction and is appurtenant to the title commitment referenced in the "Title Commitment Notes" This survey is issued for use in such transaction. Notwithstanding any of the above statements, the surveyor has a contractual relationship with one client or entity. Review/requested revisions by other parties must be received by or through such entity. Client is responsible for reviewing survey (including, but not limited to: notations; existence or lack of spelling/grammatical/typographical errors; certified parties; dates; instruments) within thirty (30) days of the date of plat or map. After such time has passed, client accepts survey as issued, and further revisions are not embraced by the above certification. Additional or altered commitments for title insurance will require an new or re-issued survey. Please feel free to request pricing for this at info@bcsdfw.com, or call (817) 864-1957. VICINITY MAP - NOT TO SCALE SITE PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED, VIEWED, OR RELIED UPON AS A FINAL SURVEY DOCUMENT September 15, 2020 POINT OF BEGINNING shrub/decorative tree gas valve bollard grate inlet gas meter sign sanitary sewer manhole storm water manhole telephone manhole tank fill lid telephone pedestal traffic signal pole utility clean out electric utility cabinet elect. utility vault utility markings utility/service pole utility sign water shutoff water valve well water meter tree cable tv electric meter fence or guardrail fire dept. connection fire hydrant or tree with diameter < 4 in. contour lines irrigation control valve air conditioning unit comm. utility cabinet comm. utility vault gas well area drain cable tv riser air release valve water utility vault LEGEND OF SYMBOLS LEGEND OF ABBREVIATIONS ·D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS ·P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS ·O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS ·DOC.#DOCUMENT NUMBER ·C.M.CONTROLLING MONUMENT ·SQ. FT.SQUARE FEET ·ROW RIGHT OF WAY ·CRS CAPPED REBAR SET SHEET: Z:\Project Data\Survey\001 - Kirkman Engineering\2020\148 - Frontier Retail\Drawings SURVEYOR'S NOTES: 1.Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD '83), distances are surface with a combined scale factor of 1.00015271. 2.This property lies within Zone "X" of the Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas, map no. 48085C0120J, with an effective date of June 2, 2009, via scaled map location and graphic plotting. 3.Monuments are found unless specifically designated as set. 4.Elevations (if shown) are North American Vertical Datum of 1988 (NAVD '88). NOTE REGARDING UTILITIES Source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor’s assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. Utility locations are per observed evidence. 5200 State Highway 121 Colleyville, TX 76034 Phone: 817-488-4960 DRAWN:BCS CHECKED:JHB TABLE OF REVISIONS DATE SUMMARY PROSPER, TEXAS CATEGORY 1A, CONDITION II LAND TITLE SURVEY VO1 VICTORY AT FRONTIER JOB NO.2020.001.148 SCALE: 1" = 30' 30'0 15'30'60' Page 201 Item 13. UP UP FH SS SS SS FH EX BUILDING (7-11 FUEL STATION) PROPOSED BUILDING (BY OTHERS) (CASE NO. D20-0002)EX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHE719718717716715715716717718719 720 721 722 723 724 725 722 721 719 7197207217 2 2 72 3 72 4 72 5 7 2 6 727725725 7247240723724 720 7187 2 8 72872872772972472 4 723 722 721 720 719 718 717 716 715714 72172071971871771671571471371271172572472 3 7 2 2721719720721722723723FH15' BUILDINGSETBACKLOT 3, BLOCK A VICTORY AT FRONTIER LLC DOC. NO. 20161122001590950 D.R.C.C.T. LAND USE: UNDEVELOPED LOT 4 BLOCK A Victory At Frontier LLC N PRESTON ROAD(STATE HIGHWAY 289)VARIABLE WIDTH ROW AS SHOWN ON VOL. 2018, PG 699 P.R.C.C.T.N1°24'24"E167.98'N89°26'11"E 83.18' S88°35'36"E 263.84' S0°15'13"W 26.31' S4°16'09"W 68.37' Δ=17°08'39" R=205.00', L=61.34' CB=N10°48'48"W CD=61.11' N88°35'37"W 344.09' LOT 2, BLOCK A VICTORY AT FRONTIER LLC VOL. 2018, PG 699 P.R.C.C.T. LAND USE: RETAIL/FUEL STATION PROPTION ON LOT 3, BLOCK A Victory At Frontier LLC VOL. 2018, PG. 699 P.R.C.C.T. 1.198 ACRES 52,186 SF 8 5FIRELANE FIRELANEFIRELANEFIRE L A N E FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI R E L A N E EXITONLYPROPOSED BUILDING BLDG = 6,050 SF REST= 3,448 SF RETAIL = 2,602 SF FFE = 727.10 45 PARKS 6 97 10 30' LANDSCAPE AND BUILDING SETBACK15' BUILDING SETBACK EX. 24.0' F.A.U.E.12.0'12.0'EX. 24.0' FA.U.E.12.0'12.0'12' WIDE DRIVE THRU EX. FIRE HYDRANT EX. FIRE HYDRANT PROP. SIDEWALK PROP. SIDEWALK PROPOSED GRATE INLET EX. SSMH EX. SSMH WATER EASEMENT DOC.# 20200415000542160 O.P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG 699, P.R.C.C.T. 2' OVERHANG PROPOSED 10' HIKE AND BIKE TRAIL PROPOSED 23'X15' 8.0' MASONRY DUMPSTER ENCLOSURE PROP. 2" DOMESTIC WATER METER PROP. 1" IRRIGATION WATER METER DRIVE THRU ORDER BOARD ADA ACCESSIBLE PARKING SPACE EXISTING 10' HIKE AND BIKE TRAIL PROPOSED 10' HIKE AND BIKE TRAIL (BY OTHERS) (CASE NO. D20-0002) PROPOSED DEVELOPMENT BY OTHERS (CASE NO. D20--0002) PROPOSED DEVELOPMENT BY OTHERS (CASE NO. D20--0002) EXISTING DEVELOPMENT REFER TO CIVIL CONSTRUCTION PLANS PREPARED BY CLAY MOORE ENGINEERING ( FILE NO. 2018-135) EX, SSMH EXISTING CONCRETE DRIVEWAY EX. WATER EASEMENT EX. WATER EASEMENT 15' BUILDING SETBACK 5' LANDSCAPE BUFFER CLEARANCE HEIGHT BAR 18.0'24.5'20.0'9.0'7.5' 5' LANDSCAPE BUFFER 30.0' 10.0' 30' LANDSCAPE AND ACCESS EASEMENT R 5 'R 5 ' 18.0'9.0'2' OVERHANG 5' LANDSCAPE BUFFER 5.0'5.0'9.0'EXISTING 10' HIKE AND BIKE TRAIL TO BE REALIGNED TO MATCH PROPOSED TRAIL PLAN 18.0'10.2'24.0' 20.0'20.0'9.0'9.0'9.0'9.0'9.0'24.0'18.0' 10.0'12.0'5.5' 70.8'78.1'1 1 . 3 ' 62.8'86.5'PICKUP WINDOW 2 3 . 5 '15.2'9.0'9 . 0 '9.5'LEGEND C3.0 FILENAME: C1.0 SITE PLAN_VIC21019.dwgPLOTTED BY: Patrick FilsonFULL PATH: K:\Jobs\VIC21019_Frontier Tract D\Drawings\SUP\03 - ProductionK:\Jobs\VIC21019_Frontier Tract D\Drawings\SUP\03 - Production\C1.0 SITE PLAN_VIC21019PLOTTED DATE: 6/8/20226125 LUTHER LANE SUITE 583 DALLAS, TX 75225-6202 214-934-2566 SHEET:REV:DATE:DESCRIPTION:VICTORY ATFRONTIER - LOT 5LOT 5, BLOCK ATOWN OF PROSPERCOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: VIC21019 05/09/2022 E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C UME N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E PURPOSES OF CONSTRUCTION, B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y , O R UNDE R THE S UP ER VI S IO N OF : P.E.# 108577 PATRICK C. FILSON DATE: 6/8/2022 KE SITE PLAN DATA TABLE EXISTING ZONING PD-10 LOT AREA (SF) / (ACRES)52,186 SF / 1.198 AC. TOTAL BUILDING AREA (SF)RESTAURANT: 6,050 SF BUILDING HEIGHT 20'-0" (1 STORY) MAXIMUM FAR (4:1)9.28% / 0.0928:1 SITE PLAN CASE NO. S22- 0006 VICTORY AT FRONTIER LOT 5 1.198 ACRES LOT 5, BLOCK A VICTORY AT FRONTIER, LLC (VOL. 2018, PAGE 699) P.R.R.C.T. TOWN OF PROSPER, COLLIN, TEXAS PREPARATION DATE: 10/25/2021 OWNER/APPLICANT VICTORY AT FRONTIER, LLC 6125 LUTHER LANE STE 583 DALLAS, TX 75225-6202 PH: 214-934-2566 CONTACT: BOBBY MENDOZA LANDSCAPE ARCHITECT LONDON LANDSCAPES P.O. BOX 28 COLLINSVILLE, TS 76233 CONTACT: AMY LONDON, RLA ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: PATRICK FILSON, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS EXHIBIT B SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET04020 SCALE: 1" = 20' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. KE PARKING DATA TABLE RESTAURANT PARKING REQUIREMENT 1 SPACE PER 100 SF RETAIL PARKING REQUIREMENT 1 SPACE PER 250 SF BUILDING AREA / PATIO AREA 6,050 SF RESTAURANT PARKING SPACES REQUIRED (3,400SF) 34 SPACES RETAIL PARKING SPACES REQUIRED (2,650SF) 11 SPACES TOTAL PARKING SPACES PROVIDED 45 SPACES REQUIRED ADA PARKING 3 SPACES (1 VAN) PROVIDED ADA PARKING 3 SPACES (1 VAN) IMPERVIOUS AREA (SF)42,956 SF REQUIRED LANDSCAPING (10% OF LOT AREA)5,218 SF PROVIDED LANDSCAPING 8,069 SF Know what's below. before you dig.Call R PROPOSED FIRE HYDRANT PROPOSED CURB INLET ACCESSIBLE ROUTE PARKING COUNT PROPERTY BOUNDARY PROPOSED PAVEMENT FH 10N PRESTON RDFRONTIER PKWY N COLEMAN ST SUBJECT SITE VICINITY MAP N.T.S. 24.0' 18.0'9.0'Page 202 Item 13. WWWWWWEx WEx WEx WEx WEx WEx WEx W Ex WEX WTREX WTREX SSEX SSEX SSEX SSEX WTREX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTREX SS EX SS EX SS EX SS EX SS EX SS EX SS Ex WEx WEx WEx W Ex W Ex W Ex W Ex W Ex W Ex W Ex WEX WTREX WTR EX WTR EX WTR EX WTRFHSSSSSSEX WTR EX WTREX WTREX WTREX WTREX WTRFHEX OHE EX OHE EX OHE EX OHE EX OHE EX OHE EX OHE EX OHE EX OHE 719718717716715715716717718719720721 722723724725722721719719720721722723724725726727725 7 2 5 72472407237247207187287 2 8 728 7 2 7 729724724723722721720719718717716721720719718717716715714713712711 725721723 FHLOT 3, BLOCK AVICTORY AT FRONTIER LLCDOC. NO. 20161122001590950D.R.C.C.T.LAND USE: UNDEVELOPEDN PRESTON ROAD (STATE HIGHWAY 289) VARIABLE WIDTH ROW AS SHOWN ON VOL. 2018, P G 6 9 9 P . R . C . C . T . N1°24'24"E 167.98'N89°26'11"E83.18'S88°35'36"E263.84'S0°15'13"W26.31'S4°16'09"W68.37'Δ=17°08'39"R=205.00',L=61.34'CB=N10°48'48"WCD=61.11'N88°35'37"W344.09'LOT 2, BLOCK AVICTORY AT FRONTIER LLCVOL. 2018, PG 699 P.R.C.C.T.LAND USE: RETAIL/FUELSTATIONLOT 5 BLOCK AVictory At Frontier LLCVOL. 2018, PG. 699P.R.C.C.T.1.198 ACRES52,186 SF85FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI R E L A N E FIRELANE FIRELANE FIRELAN E FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEEXITONLYPROPOSED BUILDINGBLDG = 6,050 SFREST= 3,448 SFRETAIL = 2,602 SFFFE = 727.1045 PARKS69710P.O. BOX 28 COLLINSVILLE, TEXAS 76233WWW.LONDON-LANDSCAPES.NETKEYTREESSHRUBSGROUNDCOVERA MINIMUM 10% OF PLATTED AREA TO BE LANDSCAPED·REQUIRED LANDSCAPE AREA: 52,186 SF X 10% = 5,218 SF·PROVIDED: 8,069 SF30' LANDSCAPE BUFFER ALONG PRESTON ROAD MEASURED FROM THE PROPERTY LINE·REQUIRED: 1 CANOPY TREE FOR EVERY 30 LINEAR FEET129.71 LF / 30 = 5 TREES·PROVIDED: 5 TREES·REQUIRED: A MINIMUM OF 15 SHRUBS WITH A MINIMUM SIZE OF FIVE (5) GALLONS EACH WILL BEPLANTED IN THE LANDSCAPE AREA FOR EVERY 30 LINEAR FEET OF FRONTAGE129.71 LF / 30 = 5 X 15 SHRUBS = 75 SHRUBS·PROVIDED: 75 SHRUBS5' LANDSCAPE BUFFER AROUND THE PERIMETERS OF THE PROPERTY·REQUIRED: ONE SMALL TREE AND ONE FIVE-GALLON SHRUB SHALL BE PLANTED EVERY 15LINEAR FEET.167.98' x 15 = 12 TREES AND 12 SHRUBS·PROVIDED: 12 TREES AND 23 SHRUBSINTERIOR PARKING LANDSCAPING (ALL REQUIRED AND PROVIDED)·REQUIRED: 15 SQ. FT. OF LANDSCAPING FOR EACH PARKING SPACE SHALL BE PROVIDED WITHINTHE PAVED BOUNDARIES OF THE PARKING LOT AREA.·PROVIDED: YES·REQUIRED: LANDSCAPE ISLAND (160 SF & NO LESS THAN 9' WIDE AND AN EQUAL LENGTH TO THEABUTTING PARKING SPACE) AT THE END OF EVERY PARKING ROW WITH A CANOPY TREE·PROVIDED: YES·REQUIRED: EVERY 15 PARKING SPACES MUST BE INTERRUPTED BY A LANDSCAPE ISLAND·PROVIDED : YES·REQUIRED: A CANOPY TREE WITHIN 150 FEET OF EVERY PARKING SPACE·PROVIDED: YESLANDSCAPE CALCULATIONS0GRAPHIC SCALE(IN FEET)1 INCH = FEET20402020EXHIBIT CLANDSCAPEPLANL1.006125 LUTHER LANE SUITE 583DALLAS, TX 75225-6202214-934-2566SHEET:REV:DATE:DESCRIPTION: VICTORY AT FRONTIER - LOT 5 LOT 5, BLOCK A TOWN OF PROSPER COLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC5200 STATE HIGHWAY 121COLLEYVILLE, TX 76034TEXAS FIRM NO. 15874JOB NUMBER:ISSUE DATE:VIC210196/9/22ENGINEERING6/9/22HIOSTE M CCTTES A A ETSTAIREG 12OF97ETX RLDR E CAANDSEPANNOLDS.YA NEW INSPECTION(S) WILL BE MADE FOR THE FOLLOWING:1)TREE HEIGHT, WIDTH & CALIPER (AT DELIVERY)2)SHRUB HEIGHT, WIDTH & CONTAINER SIZE (AT DELIVERY)(ANY UNDERSIZED PLANT NOT FULLY ROOTED MAY BE DENIED BY PARKS AT INSPECTION)3)INSPECTION OF TREE PIT SIDE WALLS & DEPTH4) INSPECT AT LEAST ONE (1) PERCOLATION TESTED PITTOWN OF PROSPER NOTES TO CONTRACTORPage 203Item 13. Page 204 Item 13. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Bob Scott, Executive Director of Administrative Services. Hulon T. Webb, Jr., Interim Executive Director of Development and Infrastructure Services Re: Town Council Meeting – August 9, 2022 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 Plans and Preliminary Site Plans, including Mav Addition, Grace Chapel (Site Plan) & Grace Chapel (Preliminary Site Plan). Description of Agenda Item: Attached are the site plans and preliminary site plans that were acted on by the Planning & Zoning Commission at their July 19, 2022 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. Mav Addition Site Plan 2. Grace Chapel Site Plan 3. Grace Chapel Preliminary Site Plan Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Page 205 Item 14. SSLOT 2/BLOCK APROPOSED M.O.B.FFE=602.00 FIRELANE, MUTUALACCESS, UTILITY &DRAINAGE EASEMENTDOC. NO. 2021-40P.R.D.C.T.WATER EASEMENTDOC. NO. 2021-40P.R.D.C.T.FIRELANE, MUTUALACCESS, UTILITY &DRAINAGE EASEMENTDOC. NO. 2021-40P.R.D.C.T.WATER EASEMENTDOC. NO. 2021-40P.R.D.C.T.FISHTRAP ROAD(VARIABLE W IDTH R IGHT-OF-WAY )15' DRAINAGE EASEMENTDOC. NO. 2021-40, P.R.D.C.T.COSERV EASEMENTINST. NO. 2020-179078D.R.D.C.T.5' DRAINAGE EASEMENTDOC. NO. 2021-40P.R.D.C.T.LOT 3/ BLOCK AMAV ADDITIONDOC. NO. 2021-40, P.R.D.C.T.PROSPER PROFESSIONALCENTRE, LLCDOC.NO. 2019-83405, D.R.D.C.T.LOT 2BLOCK AMAV ADDITIONDOC. NO. 2021-40, P.R.D.C.T.LOT 4BLOCK AMAV ADDITIONDOC. NO. 2021-40, P.R.D.C.T.PARCEL IVBLUE STAR ALLEN LAND, L.P.DOC. NO. 2011-60030, D.R.D.C.T.FISHTRAP PROPERTIES, LLCDOC. NO. 2021-44099, D.R.D.C.T.PROSPER PROFESSIONAL CENTRE, LLCDOC. NO. 2019-83405, D.R.D.C.T.15' WATER EASEMENTDOC. NO. 2021-40, P.R.D.C.T.WATER EASEMENTDOC. NO. 2021-40P.R.D.C.T.STREET EASEMENTDOC. NO. 2021-40,P.R.D.C.T.25' LANDSCAPE EASEMENTDOC. NO. 2021-40, P.R.D.C.T.20' DRAINAGEEASEMENTDOC.NO. 2021-40P.R.D.C.T.N1°12'24"W 276.92'N74°40'15"W166.83'S35°07'38"W124.03'S17°26'54"E139.65'S23°26'46"E112.48'∆N66°33'08"E68.57 '596595594591590 589588 587 599 598597 596 595 594 593 592 591 590 589 588 587 586 585 584583582581580599 598 20' SANITARYSEWEREASEMENTDOC.NO. 2021-40P.R.D.C.T.APPROXIMATE LOCATION OFFEMA FLOODPLAIN LINE4 FT. WIDECURB CUT WITH10'x10' RIPRAP4 FT. WIDECURB CUT WITH10'x10' RIPRAP4 FT. WIDECURB CUT WITH10'x10' RIPRAPPROPOSED CURBWITH WALL(PER SHEET C-12)& GUARD RAILPER ARCHT'LDETAILSPROPOSEDSWALE (TYP.)12REMOTEFDCRISER ROOMEXISTINGFIRE HYDRANTEXISTINGFIRE HYDRANTEXISTINGSANI. SEWERMANHOLEEXISTINGBFREXISTINGPOWER POLEEXISTING CONCRETEDRIVEWAYEXISTING CONCRETEDRIVEWAY30' FLOODPLAIN SETBACK SHALL CONFORMTO ZONING ORDINANCE CHAPTER 4,SECTION 9.14 , PARAGRAPH C. FOR RETAIL &COMMERCIAL DEVELOPMENT SHALLPROVIDE AT LEAST (3) AMENITIES LISTEDTHEREIN.EXISTING TREESTO REMAIN(TYP.)EXISTING TREESTO REMAIN(TYP.)15'15'15' LANDSCAPESETBACK24'12'12'24'18'18'24'18'5'24'24'18'6'9'9'9'5'5'85'43.54'128.93'33.76'26.12'76.03'141.88'6'24' FIRELANE, MUTUALACCESS, UTILITY &DRAINAGE ESMT.DUMPSTER ENCLOSUREWILL BE CONSTRUCTED WITHBRICK & STONE TO MATCH MAINBUILDING5' WIDESIDEWALKBFR9'9'TYP.6'6'5.5 ' R3'R3'R3'R30'R30'R 5 'R5'R2 0 ' R3'R5'R3'R10'R15'R3'6'6' WIDESIDEWALK15'15'9'TYP.9'TYP.2' OVERHANG2' OVERHANG90' DEDICATED R.O.W.EXISTINGLEFT TURN LANEEXISTING4' WIDE MEDIAN24'BFR63'31.8 '11.9 '24'12'12'LOT 3/BLOCK APROPOSED MEDICAL OFFICEFFE=602.0015'10'15' LANDSCAPESETBACKR32'R56'5' LANDSCAPESETBACK5'HIKE AND BIKETRAILCONNECTION5' LANDSCAPE SETBACKHEADLIGHTSCREENINGREFER TO LANDSCAPEPLAN FOR DETAILSHEADLIGHTSCREENINGREFER TO LANDSCAPEPLAN FOR DETAILSR1 5 'R9'R15' R 2 1 'DRAINAGEEASEMENTPROPOSED FIREHYDRANT10' WATEREASEMENT60'750 SFOUTDOOR PATIO5' DRAINAGEEASEMENT5'0GRAPHIC SCALE1 inch = ft.2020402010SITE PLANSP-1Site BenchmarksTBM-1: "X" CUT SET ON THE NORTH CORNEROF A STORM INLET LOCATED EAST OF ANPARKING AREA. APPROXIMATELY 231 FEETNORTH OF FISHTRAP ROAD AND 12 FEETSOUTHWEST OF A FIRE HYDRANT.ELEVATION = 599.49TBM-2: "X" CUT SET APPROXIMATELY 42 FEETNORTHEAST FROM THE INTERSECTION OFTHE SOUTHEAST RIGHT OF WAY LINE OFVILLAGE PARK LANE AND APPROXIMATELY 12FEET SOUTHEAST FROM THE MEDIAN.ELEVATION = 602.06NVICINITY MAPN.T.S.SITEACCORDING TO MAP NO. 48121C0430G, DATED APRIL 18, 2011 & LOMR14-06-1789P EFFECTIVE DATE MAY 14,2014 OF THE NATIONAL FLOODINSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" &(UNSHADED) ZONE "A" WITHIN A SPECIAL FLOOD HAZARD AREA.FLOODPLAIN NOTEDATENo.REVISION BYDATE:SHEETFile No. : 2022-093CHECKED:MKTDRAWN:MKTDESIGN:CHC PROSPER - PHASE II FISHTRAP ROAD PROSPER, TEXAS 1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199ASD6/21/2022PRELIMINARYCLAYMOORE ENGINEERINGTOWN OF PROSPER SITE PLAN GENERAL NOTES:DEVELOPMENT PLAN REVIEW GUIDELINES1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONINGORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONING ORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDSCONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONINGORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALLNEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THEINTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANTSPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTINGFIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGSOR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR ASDIRECTED BY THE FIRE DEPARTMENT.9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANYBUILDING FOR HOSE LAY REQUIREMENTS. AMENDMENT 503.1.112.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.113.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OFTHE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. APPENDIX D10514.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30FEET. AMENDMENT 503.2.415.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30FEET. AMENDMENT 503.2.4.16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS.AMENDMENT 507.5.1.18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTINGSTREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALLDEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BEEVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1.19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BELOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRELANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.120.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB ORFIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. AMENDMENT507.5.1.21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTYWITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANTSHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1.22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDINGFOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING ANDLANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1.23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET(600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THECENTER POINT OF THE RADIUS. AMENDMENT 503.1.5.24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIREPROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-ANDTWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITHROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENTR313.2.25.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THEAMERICANS WITH DISABILITIES ACT AND WITH THE REQUIREMENTS OF THE CURRENT,ADOPTED BUILDING CODE.26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARESUBJECT TO BUILDING OFFICIAL APPROVAL.28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL ANDSHALL CONFORM TO THE APPROVED FAÇADE PLAN.29.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES ANDCOLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS ANDBARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.30.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED BY THE ENGINEERING SERVICES DEPARTMENT.31.SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE.32.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.33.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONINGORDINANCE.34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.35.IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S) IDENTIFIED ONTHE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE ATTHE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEESAND/OR PARKING REQUIREMENTS.36.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROMTHE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OFWHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OFENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDINGPERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANYPRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID.37.THE TOWN CURRENTLY CONTRACTS WITH CWD FOR WASTE DISPOSAL SERVICES. THEYMAY BE CONTACTED AT 972-392-9300.WATER METER SCHEDULEIDTYP.SIZENO.SAN. SEWERDOM.2"26"IRR.1"2N/A21LEGENDLIGHT DUTY CONCRETE PAVEMENTCONCRETE SIDEWALKPROPOSED CONCRETE CURB AND GUTTERPROPOSED FIRE LANE STRIPING PERCITY STANDARDSPARKING COUNTDUMPSTER DUTY CONCRETE PAVEMENTFIRE LANE CONCRETE PAVEMENT PERTOWN OF PROSPER STANDARDSPUBLIC CONCRETE SIDEWALKPER CITY DETAILSHEAVY DUTY CONCRETE PAVEMENT10SITE SUMMARY TABLE:COUNTYSURVEY:ABSTRACT NO.DENTONL. NEATHERLY SURVEY962CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER/DEVELOPER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:WINDROSE LAND SURVEYING,1955 LAKEWAY DRIVE, SUITE 220LEWISVILLE ,TX 75057PH: 972.370.5830LOT 3R, BLOCK AMAV ADDITIONGROSS AREA: 1.471 AC OR 64,096 SFCONTACT NAME: MATT MOORECONTACT NAME: CHAD ODENSITE PLANCASE #:D22-0052CHC PROSPER - OFFICE DEVELOPMENTPHASE 2PROSPER PROFESSIONAL CENTRE, LLCC/O CHC MANAGEMENT, 451 S. MAIN STREETFORT WORTH, TEXAS 76104PH: 817.288.3035CONTACT NAME: RORY MAGUIRE(3) AMENITIES PER ZONING ORDINANCE CHAPTER 4, SECTION 2.60:1.A THIRTY (30) FOOT LANDSCAPE EDGE ADJACENT TO THE FLOODPLAIN OF THEMAJOR CREEK WITH A DOUBLE ROW OF THREE (3) INCH CALIPER TREES PLANTED ONTHIRTY (30) FOOT CENTERS. EXISTING TREES IN HEALTHY GROWING CONDITION ANDOF A SPECIES FROM THE LIST OF RECOMMENDED PLANT MATERIALS IN CHAPTER 4,SECTION 2 OF THIS ORDINANCE, AS IT EXISTS OR MAY BE AMENDED, MAY BECOUNTED TOWARD THIS REQUIREMENT.2.A COMMON PATIO, BALCONY, COURTYARD, OR TERRACE A MINIMUM OF 750 SQUAREFEET LOCATED BETWEEN THE BUILDING AND THE MAJOR CREEK.3.BUILDING TO HAVE THE SAME BUILDING MATERIALS AND ARCHITECTURAL ELEMENTSON ALL FOUR SIDES.Page 206Item 14. PROPOSEDBUILDINGFFE=591.25OUTDOORPLAYGROUNDF.M. HIGHWAY 1385 ASPHALT ROADWAY80' RIGHT-OF-WAY DENTON WAYZ=591.14TBM 3X CUTZ=591.36TBM 5 CIRSZ=587.43592592592 591 591 591 590 590590 589589 589 588587586 586586 5 8 5 585584 10' CROSSTEX EASEMENTDOC. NO. 2006-27086O.R.D.C.T.5915905895885875865855845 8 3 5 8 26 FT. WIDECURB CUT WITH15'x15' RIPRAP6 FT. WIDECURB CUT WITH15'x15' RIPRAP6 FT. WIDECURB CUT WITH15'x15' RIPRAPSWALELANDSCAPEBERMCONNECT TO ROOF DRAINS10" Ø PVC @ MIN. 1.00% SLOPECONNECT TO ROOF DRAINS9'9'9'9'9'9' 5'18'24'20'20'24'20'20'30'12'19.7'24'18'12'24'18' 18'24' 5' 50.64'5'25'30.41'24'50.1'16' 16' 15' 12' 12'R30'R30'R45'R25'R3'R3'R 3 'R3 'R3'R6' R 3 'R6'R3'R 6 'R6'R3'R 3 5 'R25'R45'R10'R45'R69'30'24'R30'R30'9'5'18'40'41.5' 196'62.5'99.8'8'5'5' 2' OVERHANG 2' OVERHANG 2' OVERHANG SS5' DRAINAGEESMT.SANITARYSEWER MANHOLEFIREHYDRANT25'25' BUILDINGSETBACK25' LANDSCAPE &ACCESS EASEMENTDISD STREET ESMT.34.7'BFRBFRBFRBFRFIRE HYDRANT10' WATER ESMT.FIREHYDRANT10' WATER ESMT.FIREHYDRANTFDCBFR9'TYP.9'TYP.9'TYP.30' FIRE LANE &ACCESSEASEMENT15' WATERESMT.15'12WATERESMT.25'129.4'59.08'122.64'104.56'122.81'74.7'55.92'15.8'28.9'15'10' SANITARYSEWER ESMT.(16,000 SQ. FT.)14.7'9'9' 6' 10'25.7'R3'R6'R3'R10'R6 'R6'R6'R3 'R3'R3'R3'R3'R3'R3'R3'R3'10' WATERESMT.5'R10'R10' 10'10.5'5'R5'R5'DUMPSTERENCLOSUREWILL BE CONSTRUCTEDWITH BRICK & STONETO MATCH MAINBUILDING43.75'R4'5'5'5' DRAINAGEESMT.10'15' LANDSCAPESETBACK15'5' LANDSCAPESETBACK5'5' LANDSCAPESETBACK5'5'5' STREET EASEMENT6'9' TYP. 9' TYP. 9' TYP. 9' TYP. 9' TYP. 9' TYP. 9' TYP.6 FT. HIGH CHAINLINK FENCE70'40'10' TRAIL10' TRAIL30'5'PROPOSED PADMOUNTEDTRANSFORMER108.3'10'R152.6'R220.3'R220'R130.8' 10'10' ELEC. ESMT.R3'R3'R3'R3 'R3 'R3'2' OVERHANG32.5'NO CURBR3'R30'FIRE HYDRANTPROPOSEDLIGHT POLE(TYP.)PROPOSEDLIGHT POLE(TYP.)17.67'17.67'50' BUILDINGSETBACK50'25'MONUMENT SIGN25' LANDSCAPE& ACCESS EASEMENT48.51'40.1'R.O.W TAKEPEDESTRIANEASEMENT12'STREETEASEMENT0GRAPHIC SCALE1 inch = ft.3030603015DATENo.REVISION BYDATE:SHEETFile No. 2020-064CHECKED:MKTDRAWN:MKTDESIGN:1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199ASD7/14/2022GRACE CHAPEL PROSPER FM 1385 & DENTON WAY PROSPER, TX PRELIMINARYCLAYMOORE ENGINEERINGSITE PLANSP-1VICINITY MAPN.T.S.DOVE CREEK CIR.DENTON WAYSITEUNION PARK BLVD.FISHTRAP RD.FM 1385 RIDGE CREEK LN.WATER METER SCHEDULEIDTYP.SIZENO.SAN. SEWERDOM.2"26"IRR.1"2N/A21COUNTYSURVEY:ABSTRACT NO.DENTONJOHN MORTON SURVEY793CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER/DEVELOPER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET,SUITE 104 ,TX 75057PH: 940.222.3009LOTS 1 , BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 5.422 OR 236,172 SFCONTACT NAME: DREW DONOSKYCONTACT NAME: MASON DECKERSITE PLANCASE #:D21-0111GRACE CHAPEL PROSPERNORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONACCORDING TO MAP NO. 48121C0410G, DATED APRIL 18, 2011 OF THENATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAPOF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY,FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.FLOODPLAIN NOTEPARKING SUMMARYPARKING REQUIREDCHURCH = 300 / 3 SEATS = 100CLASSROOM = 6*1.5 = 9ADMIN/DAYCARE = 21CHILDREN = 120130 SPACESPARKING PROVIDED137 SPACESADA REQUIRED5 SPACESADA PROVIDED5 SPACESLEGENDLIGHT DUTY CONCRETE PAVEMENTCONCRETE SIDEWALKPROPOSED CONCRETE CURB AND GUTTERPROPOSED FIRE LANE STRIPING PERCITY STANDARDSPARKING COUNTDUMPSTER DUTY CONCRETE PAVEMENTFIRE LANE CONCRETE PAVEMENT PERTOWN OF PROSPER STANDARDS10PUBLIC CONCRETE SIDEWALKPER CITY DETAILSHEAVY DUTY CONCRETE PAVEMENTTOWN OF PROSPER SITE PLAN GENERAL NOTES:DEVELOPMENT PLAN REVIEW GUIDELINES1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONINGORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONING ORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDSCONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONINGORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALLNEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THEINTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANTSPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTINGFIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGSOR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR ASDIRECTED BY THE FIRE DEPARTMENT.9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANYBUILDING FOR HOSE LAY REQUIREMENTS. AMENDMENT 503.1.112.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.113.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OFTHE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. APPENDIX D10514.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30FEET. AMENDMENT 503.2.415.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30FEET. AMENDMENT 503.2.4.16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS.AMENDMENT 507.5.1.18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTINGSTREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALLDEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BEEVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1.19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BELOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRELANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.120.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB ORFIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. AMENDMENT507.5.1.21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTYWITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANTSHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1.22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDINGFOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING ANDLANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1.23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET(600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THECENTER POINT OF THE RADIUS. AMENDMENT 503.1.5.24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIREPROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-ANDTWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITHROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENTR313.2.25.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THEAMERICANS WITH DISABILITIES ACT AND WITH THE REQUIREMENTS OF THE CURRENT,ADOPTED BUILDING CODE.26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARESUBJECT TO BUILDING OFFICIAL APPROVAL.28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL ANDSHALL CONFORM TO THE APPROVED FAÇADE PLAN.29.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES ANDCOLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS ANDBARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.30.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED BY THE ENGINEERING SERVICES DEPARTMENT.31.SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE.32.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.33.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONINGORDINANCE.34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.35.IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S) IDENTIFIED ONTHE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE ATTHE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEESAND/OR PARKING REQUIREMENTS.36.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROMTHE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OFWHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OFENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDINGPERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANYPRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID.37.THE TOWN CURRENTLY CONTRACTS WITH CWD FOR WASTE DISPOSAL SERVICES. THEYMAY BE CONTACTED AT 972-392-9300.SITE SUMMARY TABLE:Page 207Item 14. PROPOSEDBUILDINGFFE=591.25OUTDOORPLAYGROUNDPERMISSIBLEBUILDING AREAF.M. HIGHWAY 1385 ASPHALT ROADWAY80' RIGHT-OF-WAY DENTON WAY4680468146824683TBM 1SQUARE W/X CUTZ=591.14TBM 3X CUTZ=591.36TBM 4X CUTZ=586.82TBM 2CIRSZ=591.69TBM 5 CIRSZ=587.43592592592 592 591 591591591591 591 590 5 9 0 590590 589589 589 589 58858 8 587587586 5 8 6 586586 585 58 5 5 8 5 585584 5 8 4 584 58 3 58 2 DOC. NO. 2006-27087O.R.D.C.T.20' WATER EASEMENTDOC. NO. 2015-375P.R.D.C.T.LOT 1410' CROSSTEX EASEMENTDOC. NO. 2006-27086O.R.D.C.T.5' UTILITY EASEMENTDOC. NO. 2018-58247O.R.D.C.T.5' UTILITY EASEMENTDOC. NO. 2018-367P.R.D.C.T.CROSSTIMBERS DRIVE54' RIGHT-OF-WAY LOT 15XLOT 16X 9'9'9'9'9'9' 5'18'24'20'20'24'20'20'30'12'19.4'24'18'12'24'18' 18' 24' 5' 50.64'5'25'30.6'24'50.1'16' 16' 15' 12' 12'R30'R30'R45'R25' R 3 5 'R25'R45'R10'R45'R69'30'24'R30'R30'9'5'18' 8'5'5' 2' OVERHANG 2' OVERHANG 2' OVERHANG SS5' DRAINAGE ESMT.SANITARYSEWER MANHOLEFIREHYDRANT25'25' BUILDINGSETBACK50' BUILDINGSETBACK25' LANDSCAPE &ACCESS EASEMENTDISD STREET ESMT.34.7'BFRBFRBFRBFRFIREHYDRANT10' WATER ESMT.FIREHYDRANT10' WATER ESMT.FIREHYDRANTFDCBFR9'TYP.9'TYP.9'TYP.30'15' WATERESMT.15'12WATERESMT.25'129.8'59.08'122.64'104.74'122.64'55.92'29'15'10' SANITARYSEWER ESMT.(16,000 SQ. FT.)14.4'9'9' 6' 10'26.4'R10'R3'10' WATERESMT.5'R10'R10' 10'9'5'R5'R5' 10'DUMPSTER ENCLOSUREWILL BE CONSTRUCTEDWITH BRICK & STONE TOMATCH MAIN BUILDING43.75'19.7'5'5'5' DRAINAGEESMT.10'15' LANDSCAPESETBACK15'5' LANDSCAPESETBACK5'5' LANDSCAPESETBACK5'50'25'25' LANDSCAPE &ACCESS EASEMENT5'5' STREET EASEMENTBFRR30'R3 0 'R30'R3 0 ' R 5 4 'R30'R54'24'24'24'24'24'BFRBFR25' BUILDINGSETBACK25' 15'15' LANDSCAPESETBACK25'50'50' BUILDINGSETBACK50' BUILDINGSETBACK15' LANDSCAPESETBACK15'25'25' BUILDINGSETBACK5' DRAINAGE ESMT.5' DRAINAGEESMT.10' SANITARYSEWER ESMT.29.6'35.25'36.3'30'FIREHYDRANTR.O.W. TAKE10' TRAIL PAD MOUNTEDTRANSFORMERR.O.W.TAKE10.5'R30'36'16.3'36'±135' R.O.W.16.67'17'4.5'4.5'NOTE: DRIVEWAY THROAT DEPTHMAYBE REQUIRED TO BE 80 FT.DEPENDING ON THE FINAL SITEPLAN PER TOWN REQUIREMENTS5'15.75'±134' R.O.W.36'16.6'36'R54'R3 0 'R30'R54'27'9.5'27'24'27' 27'50'55.3'LANDSCAPEBERMLANDSCAPEBERMRIGHTTURNLANERIGHTTURN LANE12'R30'12'4.5'10' TRAIL10' TRAILSTREETEASEMENTSTREETEASEMENT100'TAPER 345'DECELERATION LANE 0GRAPHIC SCALE1 inch = ft.4040804020DATENo.REVISION BYDATE:SHEETFile No. 2020-064CHECKED:MKTDRAWN:MKTDESIGN:1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199ASD7/14/2022GRACE CHAPEL PROSPER FM 1385 & DENTON WAY PROSPER, TX PRELIMINARYCLAYMOORE ENGINEERINGPRELIMINARY SITE PLANPSP VICINITY MAPN.T.S.DOVE CREEK CIR.DENTON WAYSITEUNION PARK BLVD.FISHTRAP RD.FM 1385 RIDGE CREEK LN.COUNTYSURVEY:ABSTRACT NO.DENTONJOHN MORTON SURVEY793CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER/DEVELOPER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET,SUITE 104 ,TX 75057PH: 940.222.3009LOTS 1 & 2, BLOCK ANORTH TEXAS CONFERENCE OF THEMETHODIST CHURCH ADDITIONGROSS AREA: 10.35 AC OR 451,074 SFCONTACT NAME: DREW DONOSKYCONTACT NAME: MASON DECKERPRELIMINARY SITE PLANCASE #:D22-0034GRACE CHAPEL PROSPERNORTH TEXAS CONFERENCE OF THEUNITED METHODIST CHURCHPO BOX 866128PLANO, TEXAS 75086CONTACT NAME: KENNETH WOLVERTONACCORDING TO MAP NO. 48121C0410G, DATED APRIL 18, 2011 OF THENATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAPOF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY,FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.FLOODPLAIN NOTESITE SUMMARY TABLE:LEGENDLIGHT DUTY CONCRETE PAVEMENTCONCRETE SIDEWALKPROPOSED CONCRETE CURB AND GUTTERPROPOSED FIRE LANE STRIPING PERCITY STANDARDSPARKING COUNTDUMPSTER DUTY CONCRETE PAVEMENTFIRE LANE CONCRETE PAVEMENT PERTOWN OF PROSPER STANDARDS10PUBLIC CONCRETE SIDEWALKPER CITY DETAILSHEAVY DUTY CONCRETE PAVEMENTTOWN OF PROSPER SITE PLAN GENERAL NOTES:1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED INACCORDANCE WITH THE ZONING ORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED INACCORDANCE WITH THE ZONING ORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARESTANDARDS CONTAINED WITHIN THE ZONING ORDINANCEAND SUBDIVISION ORDINANCE.4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BYTHE TOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINEDWITHIN THE ZONING ORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRESPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURESMAY BE APPROVED BY THE FIRE DEPARTMENT.7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BEREQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTINGCONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE,FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGESIN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIREALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALLBUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWNSTANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY ATALL TIMES.10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIORWALLS OF ANY BUILDING FOR HOSE LAY REQUIREMENTS.AMENDMENT 503.1.112.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT503.2.113.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE AMINIMUM OF A 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FORFIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDEFIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THEBUILDING AND NO MORE THAN 30 FEET. APPENDIX D10514.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE AMINIMUM OF 30 FEET. AMENDMENT 503.2.415.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE AMINIMUM OF 30 FEET. AMENDMENT 503.2.416.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVEDHAMMERHEADS.17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES ANDINTERSECTIONS. AMENDMENT 507.5.118.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALLINTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THANR3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCESBETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIREHOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOTAS THE "CROW FLIES." AMENDMENT 507.5.119.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEMSHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OFA FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKINGCAP. AMENDMENT 507.5.120.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACKFROM THE CURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULBOF A CUL-DE-SAC. AMENDMENT 507.5.121.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACHPROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE AMINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT.AMENDMENT 507.5.122.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDEDAROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS.A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.123.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIXHUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THEINTERSECTION STREET TO THE CENTER POINT OF THE RADIUS.AMENDMENT 503.1.524.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS.AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA13R SHALL BE PROVIDED IN ALL ONE-AND TWO-FAMILY DWELLINGS WITHA CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35')FROM GRADE. IRC-2015 AMENDMENT R313.225.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALLCONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITHTHE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE.26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THEPRELIMINARY SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIALAPPROVAL.28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIALAPPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADEPLAN.29.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONGTHOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONGRESIDENTIAL STREETS AND BARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.30.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATEDUNDERGROUND.31.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE ZONING ORDINANCE.32.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPEOF EASEMENT.33.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USECLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE;HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF COAND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEESAND/OR PARKING REQUIREMENTS.34.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR APERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITEPLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THEEND OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED ANDRECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONINGCOMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2)YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID.IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THEAPPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAININGPROPERTY SHALL BE NULL AND VOID.NOTE: REZONING FOR LOT 2 WILL BE REQUIRED FOR A NON-RESIDENTIAL USE.HEAVY DUTY CONCRETE PAVEMENTPER TxDOT DETAILSPage 208Item 14. Page 1 of 1 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Robert B. Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Submission of the FY 2022-2023 Proposed Budget and Budget Message. Description of Agenda Item: In accordance with Town Charter, the referenced documentation completes the submission of the Proposed Budget and Budget Message for Fiscal Year 2022-2023. The FY 2022-2023 Proposed Budget, including the Budget Message, was submitted to the Town Council under separate cover. Town Staff Recommendation: Town staff has submitted the FY 2022-2023 Proposed Budget and Budget Message under separate cover to the Town Council for review. Prosper is a place where everyone matters. FINANCE Page 209 Item 15. Page 1 of 1 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Robert B. Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon scheduling a public hearing on the FY 2022-2023 proposed Budget. Description of Agenda Item: Chapter 102 of the Texas Local Government Code requires the Town to hold a public hearing on the proposed budget and publish the notice for this meeting in addition to the notice required under Truth in Taxation guidelines. August 23 is a regular meeting date of the Town Council. This date meets the public hearing requirements of the Local Government Code. Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the public hearings on the proposed budget to print in the August 10 Prosper Press. Budget Impact: Funding to cover the cost to publish the notice is budgeted in the Town Secretary’s office. Town Staff Recommendation: Town staff recommends the Town Council schedule a public hearing on the FY 2022-2023 proposed Budget for August 23, 2022. Proposed Motion: I move to schedule a public hearing on the FY 2022-2023 proposed Budget for August 23, 2022, at 6:15 p.m. with the meeting taking place in the Council Chambers of Prosper Town Hall, located at 250 W. First Street, Prosper, TX. Prosper is a place where everyone matters. FINANCE Page 210 Item 16. TOWN OF PROSPER NOTICE OF PUBLIC HEARING Notice is hereby given that the Prosper Town Council will conduct one Public Hearing on the proposed Fiscal Year 2022-2023 Town of Prosper Annual Budget. The Public Hearing will be held at a Regular Meeting on Tuesday, August 23, 2022, at 6:15 p.m. in the Council Chambers of Prosper Town Hall, 250 W . First Street, Prosper, Texas. This budget will raise more total property taxes than last year's budget by $6,264,035, or 22.77%, and of that amount, $3,055,084 is tax revenue to be raised from new property added to the tax roll this year. Anyone wishing to speak either FOR or AGAINST the proposed Fiscal Year 20 22- 2023 Annual Budget is invited to attend the Public Hearing and voice his/her opinion. For further information, contact the Finance Director, Town of Prosper, 250 W . First Street, Prosper, Texas, or by telephoning 972-569-1009. /s/ Michelle Lewis Sirianni, Town Secretary (To be published in the Prosper Press on Wednesday, August 10, 2022) Page 211 Item 16. Page 1 of 1 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Robert B. Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon scheduling a public hearing for the FY 2022-2023 proposed tax rate. Description of Agenda Item: Section 26.05(d) of the Texas Property Tax Code requires taxing entities to hold one public hearing and publish newspaper ads before adopting a tax rate that exceeds the lower of the voter-approval tax rate ($0.527336) or the no-new-revenue tax rate ($0.438227). Section 26.06(d) of the Texas Property Tax Code states the governing body may vote on the proposed tax rate at the public hearing. If the governing body does not vote on the proposed tax rate at the public hearing, the governing body shall announce at the public hearing the date, time, and place of the meeting at which it will vote on the proposed tax rate. Section 26.06(e) of the Texas Property Tax Code states that a meeting to vote on the tax increase may not be held later than the seventh day after the date of the public hearing. Due to this limitation, we are requesting to hold the public hearing and vote on the tax rate on September 13 which is a regular meeting date of the Town Council. A hearing on this date satisfies tax code requirements. Town Staff Recommendation: Town staff recommends that the Town Council schedule a public hearing on the proposed tax rate for September 13, 2022. Proposed Motion: I move to set the public hearing on the proposed tax rate for September 13, 2022, at 6:15 p.m., with the meeting taking place in the Council Chambers of Prosper Town Hall, located at 2 50 W. First Street, Prosper, TX. Prosper is a place where everyone matters. FINANCE Page 212 Item 17. Page 1 of 2 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Robert B. Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider accepting submission of the 2022 no-new-revenue tax rate of $0.438227 per $100 taxable value and the voter-approval tax rate of $0.527336 per $100 taxable value. Description of Agenda Item: State law requires municipalities to submit to their governing boards and publish in a local newspaper a notice showing their no-new-revenue and voter-approval tax rates and the notice- and-hearing limit for the upcoming fiscal year. The no-new-revenue rate will produce the same amount of tax revenue if applied to the same properties in both years. The voter-approval rate is the highest tax rate the Town can set without holding an election to seek voter approval of the rate. All taxing units that levied property taxes in 2021 and intend to levy them in 2022 must calculate a no-new-revenue tax rate and a voter-approval tax rate. Although the actual calculation is more detailed, the Town’s no-new-revenue tax rate is generally equal to the prior year’s taxes divided by the current taxable value of properties that were also on the tax roll in the prior year. The no-new-revenue tax rate is intended to enable the public to evaluate the relationship between taxes for the current year and taxes that a proposed tax rate would produce if applied to the same properties taxed in both years. The voter-approval tax rate is split into two separate components: an operating and maintenance rate and a debt rate. The voter-approval rate calculation allows municipalities to raise 3.5 percent of the prior year’s operating and maintenance money, plus the necessary debt rate. State law also requires municipalities to publish the no-new-revenue tax rate and a voter-approval tax rate, and to hold one public hearing if the proposed tax rate exceeds the lower of the no-new- revenue or voter-approval tax rate. Because the Town’s proposed tax rate of $0.510000 is higher than the no-new-revenue tax rate of $0.438227, the Town is required to hold one public hearing on the tax rate. Prosper is a place where everyone matters. FINANCE Page 213 Item 18. Page 2 of 2 Attached Documents: 1. 2022 Tax Rate Calculation Worksheet Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the 2022 no-new-revenue tax rate of $0.438227 per $100 taxable value and the voter-approval tax rate of $0.527336 per $100 taxable value. Proposed Motion: I move to accept the submission of the 2022 no-new-revenue tax rate of $0.438227 per $100 taxable value and the voter-approval tax rate of $0.527336 per $100 taxable value. Page 214 Item 18. Form developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division For additional copies, visit: comptroller.texas.gov/taxes/property-tax 50-856 • 5-22/9 Form 50-8562022 Tax Rate Calculation WorksheetTaxing Units Other Than School Districts or Water Districts ____________________________________________________________________________ ________________________________ Taxing Unit Name Phone (area code and number) ____________________________________________________________________________ ________________________________ Taxing Unit’s Address, City, State, ZIP Code Taxing Unit’s Website Address GENERAL INFORMATION: Tax Code Section 26.04(c) requires an officer or employee designated by the governing body to calculate the no-new-revenue (NNR) tax rate and voter-approval tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable value calculated. The calculation process starts after the chief appraiser delivers to the taxing unit the certified appraisal roll and the estimated values of properties under protest. The designated officer or employee shall certify that the officer or employee has accurately calculated the tax rates and used values shown for the certified appraisal roll or certified estimate. The officer or employee submits the rates to the governing body by Aug. 7 or as soon thereafter as practicable. School districts do not use this form, but instead use Comptroller Form 50-859 Tax Rate Calculation Worksheet, School District without Chapter 313 Agreements or Comptroller Form 50-884 Tax Rate Calculation Worksheet, School District with Chapter 313 Agreements. Water districts as defined under Water Code Section 49.001(1) do not use this form, but instead use Comptroller Form 50-858 Water District Voter-Approval Tax Rate Worksheet for Low Tax Rate and Developing Districts or Comptroller Form 50-860 Developed Water District Voter-Approval Tax Rate Worksheet. The Comptroller’s office provides this worksheet to assist taxing units in determining tax rates. The information provided in this worksheet is offered as technical assistance and not legal advice. Taxing units should consult legal counsel for interpretations of law regarding tax rate preparation and adoption. SECTION 1: No-New-Revenue Tax Rate The NNR tax rate enables the public to evaluate the relationship between taxes for the prior year and for the current year based on a tax rate that would produce the same amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal values increase, the NNR tax rate should decrease. The NNR tax rate for a county is the sum of the NNR tax rates calculated for each type of tax the county levies. While uncommon, it is possible for a taxing unit to provide an exemption for only maintenance and operations taxes. In this case, the taxing unit will need to calculate the NNR tax rate separately for the maintenance and operations tax and the debt tax, then add the two components together. Line No-New-Revenue Tax Rate Worksheet Amount/Rate 1. 2021 total taxable value. Enter the amount of 2021 taxable value on the 2021 tax roll today. Include any adjustments since last year’s certification; exclude Tax Code Section 25.25(d) one-fourth and one-third over-appraisal corrections from these adjustments. Exclude any property value subject to an appeal under Chapter 42 as of July 25 (will add undisputed value in Line 6). This total includes the taxable value of homesteads with tax ceil- ings (will deduct in Line 2) and the captured value for tax increment financing (adjustment is made by deducting TIF taxes, as reflected in Line 17).1 $ _____________ 2.2021 tax ceilings. Counties, cities and junior college districts. Enter 2021 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in 2021 or a prior year for homeowners age 65 or older or disabled, use this step.2 $ _____________ 3.Preliminary 2021 adjusted taxable value. Subtract Line 2 from Line 1.$ _____________ 4.2021 total adopted tax rate.$ __________/$100 5. A. Original 2021 ARB values:............................................................................ $ _____________ B.2021 values resulting from final court decisions:..................................................... - $ _____________ C.2021 value loss. Subtract B from A.3 $ _____________ 6. A. 2021 ARB certified value: ............................................................................ $ _____________ B.2021 disputed value:................................................................................. - $ _____________ C.2021 undisputed value. Subtract B from A. 4 $ _____________ 7.2021 Chapter 42 related adjusted values. Add Line 5C and Line 6C.$ _____________ 2021 taxable value lost because court appeals of ARB decisions reduced 2021 appraised value. 2021 taxable value subject to an appeal under Chapter 42, as of July 25. 1 Tex. Tax Code § 26.012(14) 2 Tex. Tax Code § 26.012(14) 3 Tex. Tax Code § 26.012(13) 4 Tex. Tax Code § 26.012(13) Town of Prosper 972-346-2640 250 W. First Street, Prosper, TX 75078 www.prospertx.gov 5,967,307,930 497,313,189 5,469,994,741 0.510000 143,932,326 132,457,338 11,474,988 10,870,790 1,972,176 8,898,614 20,373,602 Page 215 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line No-New-Revenue Tax Rate Worksheet Amount/Rate 8.2021 taxable value, adjusted for actual and potential court-ordered adjustments. Add Line 3 and Line 7.$ _____________ 9.2021 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2021. Enter the 2021 value of property in deannexed territory. 5 $ _____________ 10. A. Absolute exemptions. Use 2021 market value: ......................................................... $ _____________ B. Partial exemptions. 2022 exemption amount or 2022 percentage exemption times 2021 value:...................................................................................... + $ _____________ C. Value loss. Add A and B. 6 $ _____________ 11. A. 2021 market value:................................................................................... $ _____________ B.2022 productivity or special appraised value:........................................................ - $ _____________ C. Value loss. Subtract B from A. 7 $ _____________ 12.Total adjustments for lost value. Add Lines 9, 10C and 11C.$ _____________ 13.2021 captured value of property in a TIF. Enter the total value of 2021 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which 2021 taxes were deposited into the tax increment fund. 8 If the taxing unit has no captured appraised value in line 18D, enter 0.$ _____________ 14.2021 total value. Subtract Line 12 and Line 13 from Line 8.$ _____________ 15.Adjusted 2021 total levy. Multiply Line 4 by Line 14 and divide by $100.$ _____________ 16.Taxes refunded for years preceding tax year 2021. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2021. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2021. This line applies only to tax years preceding tax year 2021. 9 $ _____________ 17.Adjusted 2021 levy with refunds and TIF adjustment. Add Lines 15 and 16. 10 $ _____________ 18. A. Certified values:...................................................................................... $ _____________ B.Counties: Include railroad rolling stock values certified by the Comptroller’s office: ....................... + $ _____________ C. Pollution control and energy storage system exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control or energy storage system property:........... - $ _____________ D. Tax increment financing: Deduct the 2022 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2022 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 23 below. 12 .................... - $ _____________ E. Total 2022 value. Add A and B, then subtract C and D.$ _____________ 2021 taxable value lost because property first qualified for an exemption in 2022. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport, goods- in-transit, temporary disaster exemptions. Note that lowering the amount or percentage of an existing exemption in 2022 does not create a new exemption or reduce taxable value. 2021 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/ scenic appraisal or public access airport special appraisal in 2022. Use only properties that qualified in 2022 for the first time; do not use properties that qualified in 2021. Total 2022 taxable value on the 2022 certified appraisal roll today. This value includes only certified values or certified estimate of values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 20). These homesteads include homeowners age 65 or older or disabled. 11 5 Tex. Tax Code § 26.012(15) 6 Tex. Tax Code § 26.012(15) 7 Tex. Tax Code § 26.012(15) 8 Tex. Tax Code § 26.03(c) 9 Tex. Tax Code § 26.012(13) 10 Tex. Tax Code § 26.012(13) 11 Tex. Tax Code § 26.012, 26.04(c-2) 12 Tex. Tax Code § 26.03(c) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 2 5,490,368,343 0 2,604,754 210,082,613 212,687,367 5,720,030 4,329 5,715,701 218,403,068 145,415,055 5,126,550,220 26,145,406 248,856 26,394,262 7,011,772,529 0 158,960,817 6,852,811,712 Page 216 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 20.2022 tax ceilings. Counties, cities and junior colleges enter 2022 total taxable value of homesteads with tax ceilings. These include the home- steads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in 2021 or a prior year for homeowners age 65 or older or disabled, use this step.16 $ _____________ 21.2022 total taxable value. Add Lines 18E and 19C. Subtract Line 20. 17 $ _____________ 22.Total 2022 taxable value of properties in territory annexed after Jan. 1, 2021. Include both real and personal property. Enter the 2022 value of property in territory annexed. 18 $ _____________ 23. Total 2022 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2021. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to exist-ing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2021 and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2022. 19 $ _____________ 24.Total adjustments to the 2022 taxable value. Add Lines 22 and 23.$ _____________ 25.Adjusted 2022 taxable value. Subtract Line 24 from Line 21.$ _____________ 26.2022 NNR tax rate. Divide Line 17 by Line 25 and multiply by $100. 20 $ __________/$100 27.COUNTIES ONLY. Add together the NNR tax rates for each type of tax the county levies. The total is the 2022 county NNR tax rate. 21 $ __________/$100 Line No-New-Revenue Tax Rate Worksheet Amount/Rate 19. A.2022 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district’s value and the taxpayer’s claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value under protest. 14.................................................... $ _____________ B. 2022 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value of property not on the certified roll. 15 .............................. + $ _____________ C. Total value under protest or not certified. Add A and B.$ _____________ Total value of properties under protest or not included on certified appraisal roll. 13 Line Voter-Approval Tax Rate Worksheet Amount/Rate 28.2021 M&O tax rate. Enter the 2021 M&O tax rate.$ __________/$100 29.2021 taxable value, adjusted for actual and potential court-ordered adjustments. Enter the amount in Line 8 of the No-New-Revenue Tax Rate Worksheet.$ _____________ SECTION 2: Voter-Approval Tax Rate The voter-approval tax rate is the highest tax rate that a taxing unit may adopt without holding an election to seek voter approval of the rate. The voter-approval tax rate is split into two separate rates: 1. Maintenance and Operations (M&O) Tax Rate: The M&O portion is the tax rate that is needed to raise the same amount of taxes that the taxing unit levied in the prior year plus the applicable percentage allowed by law. This rate accounts for such things as salaries, utilities and day-to-day operations. 2. Debt Rate: The debt rate includes the debt service necessary to pay the taxing unit’s debt payments in the coming year. This rate accounts for principal and interest on bonds and other debt secured by property tax revenue. The voter-approval tax rate for a county is the sum of the voter-approval tax rates calculated for each type of tax the county levies. In most cases the voter-approval tax rate exceeds the no-new-revenue tax rate, but occasionally decreases in a taxing unit’s debt service will cause the NNR tax rate to be higher than the voter-approval tax rate. 13 Tex. Tax Code § 26.01(c) and (d) 14 Tex. Tax Code § 26.01(c) 15 Tex. Tax Code § 26.01(d) 16 Tex. Tax Code § 26.012(6)(B) 17 Tex. Tax Code § 26.012(6) 18 Tex. Tax Code § 26.012(17) 19 Tex. Tax Code § 26.012(17) 20 Tex. Tax Code § 26.04(c) 21 Tex. Tax Code § 26.04(d) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 3 345,202,639 0 345,202,639 576,023,831 6,621,990,520 0 599,036,068 599,036,068 6,022,954,452 0.438227 0.328000 5,490,368,343 Page 217 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate 30. Total 2021 M&O levy. Multiply Line 28 by Line 29 and divide by $100 $ _____________ 31. A.M&O taxes refunded for years preceding tax year 2021. Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2021. This line applies only to tax years preceding tax year 2021. .............. + $ _____________ B. 2021 taxes in TIF. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2022 captured appraised value in Line 18D, enter 0....................................................................................... – $ _____________ C.2021 transferred function. If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in D below. The taxing unit receiving the function will add this amount in D below. Other taxing units enter 0. .................................................................... +/- $ _____________ D. 2021 M&O levy adjustments. Subtract B from A. For taxing unit with C, subtract if discontinuing function and add if receiving function..................................................... $ _____________ E.Add Line 30 to 31D.$ _____________ 32. Adjusted 2022 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 33. 2022 NNR M&O rate (unadjusted). Divide Line 31E by Line 32 and multiply by $100.$ __________/$100 34. A.2022 state criminal justice mandate. Enter the amount spent by a county in the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. $ _____________ B.2021 state criminal justice mandate. Enter the amount spent by a county in the 12 months prior to the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. Enter zero if this is the first time the mandate applies................. – $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100............................................ $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 35. A.2022 indigent health care expenditures. Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2021 and ending on June 30, 2022, less any state assistance received for the same purpose. ... ..... $ _____________ B. 2021 indigent health care expenditures. Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2020 and ending on June 30, 2021, less any state assistance received for the same purpose................................................................................... – $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100............................................ $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 Adjusted 2021 levy for calculating NNR M&O rate. Rate adjustment for state criminal justice mandate. 23 Rate adjustment for indigent health care expenditures. 24 22 [Reserved for expansion] 23 Tex. Tax Code § 26.044 24 Tex. Tax Code § 26.0441 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 4 18,008,408 175,901 493,368 0 -317,467 17,690,941 6,022,954,452 0.293725 0 0 0 0 0 0 0 0 Page 218 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate 36.Rate adjustment for county indigent defense compensation. 25 A.2022 indigent defense compensation expenditures. Enter the amount paid by a county to provide appointed counsel for indigent individuals and fund the operations of a public defender's office under Article 26.044, Code of Criminal Procedure for the period beginning on July 1, 2021 and ending on June 30, 2022, less any state grants received by the county for the same purpose . . . . . . . . . . . . . . . . . . B. 2021 indigent defense compensation expenditures. Enter the amount paid by a county to provide appointed counsel for indigent individuals and fund the operations of a public defender's office under Article 26.044, Code of Criminal Procedure for the period beginning on July 1, 2020 and ending onJune 30, 2021, less any state grants received by the county for the same purpose. . . . . . . . . . . . . . C. Subtract B from A and divide by Line 32 and multiply by $100............................................ D.Multiply B by 0.05 and divide by Line 32 and multiply by $100............................................ $ _____________ $ _____________ $ __________/$100 $ __________/$100 E.Enter the lesser of C and D. If not applicable, enter 0.$ __________/$100 37.Rate adjustment for county hospital expenditures. 26 A.2022 eligible county hospital expenditures. Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on July 1, 2021 and ending on June 30, 2022. .............................................................................. $ _____________ B. 2021 eligible county hospital expenditures. Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on July 1, 2020 and ending on June 30, 2021. .............................................................................. $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100............................................ $ __________/$100 D.Multiply B by 0.08 and divide by Line 32 and multiply by $100............................................ $ __________/$100 E.Enter the lesser of C and D, if applicable. If not applicable, enter 0.$ __________/$100 40. A.Enter the amount of additional sales tax collected and spent on M&O expenses in 2021, if any. Counties must exclude any amount that was spent for economic development grants from the amount of sales tax spent ...................................................................................... $ _____________ B.Divide Line 40A by Line 32 and multiply by $100 ........................................................ $ __________/$100 C. Add Line 40B to Line 39.$ __________/$100 39.Adjusted 2022 NNR M&O rate. Add Lines 33, 34D, 35D, 36E, and 37E. Subtract Line 38D.$ __________/$100 38. A.Amount appropriated for public safety in 2021. Enter the amount of money appropriated for public safety in the budget adopted by the municipality for the preceding fiscal year . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Expenditures for public safety in 2021. Enter the amount of money spent by the municipality for public safety during the preceding fiscal year .................................................................. $ _____________ C. Subtract B from A and divide by Line 32 and multiply by $100 ........................................... $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 41.2022 voter-approval M&O rate. Enter the rate as calculated by the appropriate scenario below.$ __________/$100 Rate adjustment for defunding municipality. This adjustment only applies to a municipality that is considered to be a defunding municipality for the current tax year under Chapter 109, Local Government Code. Chapter 109, Local Government Code only applies to municipalities with a population of more than 250,000 and includes a written determination by the Office of the Governor. See Tax Code 26.0444 for more information. Adjustment for 2021 sales tax specifically to reduce property values. Cities, counties and hospital districts that collected and spent addi- tional sales tax on M&O expenses in 2021 should complete this line. These entities will deduct the sales tax gain rate for 2022 in Section 3. Other taxing units, enter zero. Special Taxing Unit. If the taxing unit qualifies as a special taxing unit, multiply Line 40C by 1.08. - or - Other Taxing Unit. If the taxing unit does not qualify as a special taxing unit, multiply Line 40C by 1.035. 25 Tex. Tax Code § 26.0442 26 Tex. Tax Code § 26.0443 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.293725 0 0 0.293725 0.304005 Page 219 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate D41. Disaster Line 41 (D41): 2022 voter-approval M&O rate for taxing unit affected by disaster declaration. If the taxing unit is located in an area declared a disaster area and at least one person is granted an exemption under Tax Code Section 11.35 for property located in the taxing unit, the governing body may direct the person calculating the voter-approval tax rate to calculate in the manner provided for a special taxing unit. The taxing unit shall continue to calculate the voter-approval tax rate in this manner until the earlier of If the taxing unit qualifies under this scenario, multiply Line 40C by 1.08. 27 If the taxing unit does not qualify, do not complete Disaster Line 41 (Line D41).$ __________/$100 42. A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. If the governing body of a taxing unit authorized or agreed to authorize a bond, warrant, certificate of obligation, or other evidence of indebtedness on or after Sept. 1, 2022, verify if it meets the amended definition of debt before including it here. 28 Enter debt amount .................................................................................... $ _____________ B.Subtract unencumbered fund amount used to reduce total debt. ...................................... – $ _____________ C. Subtract certified amount spent from sales tax to reduce debt (enter zero if none) .................... – $ _____________ D.Subtract amount paid from other resources ............................................................ – $ _____________ E.Adjusted debt. Subtract B, C and D from A.$ _____________ 43. Certified 2021 excess debt collections. Enter the amount certified by the collector. 29 $ _____________ 44. Adjusted 2022 debt. Subtract Line 43 from Line 42E.$ _____________ 45. A. Enter the 2022 anticipated collection rate certified by the collector. 30 .................................... ____________% B.Enter the 2021 actual collection rate. ................................................................... ____________% C. Enter the 2020 actual collection rate. ................................................................... ____________% D.Enter the 2019 actual collection rate. ................................................................... ____________% E.If the anticipated collection rate in A is lower than actual collection rates in B, C and D, enter the lowest collection rate from B, C and D. If the anticipated rate in A is higher than at least one of the rates in the prior three years, enter the rate from A. Note that the rate can be greater than 100%. 31 ____________% 46. 2022 debt adjusted for collections. Divide Line 44 by Line 45E.$ _____________ 47. 2022 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 48. 2022 debt rate. Divide Line 46 by Line 47 and multiply by $100.$ __________/$100 49. 2022 voter-approval tax rate. Add Lines 41 and 48.$ __________/$100 D49. Disaster Line 49 (D49): 2022 voter-approval tax rate for taxing unit affected by disaster declaration. Complete this line if the taxing unit calculated the voter-approval tax rate in the manner provided for a special taxing unit on Line D41. Add Line D41 and 48.$ __________/$100 1) the first year in which total taxable value on the certified appraisal roll exceeds the total taxable value of the tax year in which the disaster occurred, or 2) the third tax year after the tax year in which the disaster occurred Total 2022 debt to be paid with property taxes and additional sales tax revenue. Debt means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year, and (4) are not classified in the taxing unit’s budget as M&O expenses. 2022 anticipated collection rate. 27 Tex. Tax Code § 26.042(a) 28 Tex. Tax Code § 26.012(7) 29 Tex. Tax Code § 26.012(10) and 26.04(b) 30 Tex. Tax Code § 26.04(b) 31 Tex. Tax Code §§ 26.04(h), (h-1) and (h-2) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 6 0 12,891,164 0 0 0 12,891,164 839,773 12,051,391 100.00 101.37 101.01 107.29 101.01 11,930,889 6,621,990,520 0.180170 0.484175 Page 220 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 Line Voter-Approval Tax Rate Worksheet Amount/Rate 50. COUNTIES ONLY. Add together the voter-approval tax rates for each type of tax the county levies. The total is the 2022 county voter-approval tax rate.$ __________/$100 Line Additional Sales and Use Tax Worksheet Amount/Rate 51. Taxable Sales. For taxing units that adopted the sales tax in November 2021 or May 2022, enter the Comptroller’s estimate of taxable sales for the previous four quarters. 32 Estimates of taxable sales may be obtained through the Comptroller’s Allocation Historical Summary webpage. Taxing units that adopted the sales tax before November 2021, enter 0.$ _____________ 52.Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of esti- mated sales tax revenue. 33 $ _____________ 53.2022 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 54.Sales tax adjustment rate. Divide Line 52 by Line 53 and multiply by $100.$ __________/$100 55.2022 NNR tax rate, unadjusted for sales tax.35 Enter the rate from Line 26 or 27, as applicable, on the No-New-Revenue Tax Rate Worksheet.$ __________/$100 56.2022 NNR tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2021 or in May 2022. Subtract Line 54 from Line 55. Skip to Line 57 if you adopted the additional sales tax before November 2021.$ __________/$100 57.2022 voter-approval tax rate, unadjusted for sales tax.36 Enter the rate from Line 49, Line D49 (disaster) or Line 50 (counties) as applicable, of the Voter-Approval Tax Rate Worksheet.$ __________/$100 58.2022 voter-approval tax rate, adjusted for sales tax. Subtract Line 54 from Line 57.$ __________/$100 Line Voter-Approval Rate Adjustment for Pollution Control Requirements Worksheet Amount/Rate 59.Certified expenses from the Texas Commission on Environmental Quality (TCEQ). Enter the amount certified in the determination letter from TCEQ. 37 The taxing unit shall provide its tax assessor-collector with a copy of the letter. 38 $ _____________ 60.2022 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 61.Additional rate for pollution control. Divide Line 59 by Line 60 and multiply by $100.$ __________/$100 62.2022 voter-approval tax rate, adjusted for pollution control. Add Line 61 to one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties) or Line 58 (taxing units with the additional sales tax).$ __________/$100 SECTION 3: NNR Tax Rate and Voter-Approval Tax Rate Adjustments for Additional Sales Tax to Reduce Property Taxes Cities, counties and hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election must approve imposing or abolishing the additional sales tax. If approved, the taxing unit must reduce its NNR and voter-approval tax rates to offset the expected sales tax revenue. This section should only be completed by a county, city or hospital district that is required to adjust its NNR tax rate and/or voter-approval tax rate because it adopted the additional sales tax. Taxing units that adopted the sales tax in November 2021 or in May 2022. Multiply the amount on Line 51 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95. 34 - or - Taxing units that adopted the sales tax before November 2021. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. SECTION 4: Voter-Approval Tax Rate Adjustment for Pollution Control A taxing unit may raise its rate for M&O funds used to pay for a facility, device or method for the control of air, water or land pollution. This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or installed wholly or partly to meet or exceed pollution control requirements. The taxing unit’s expenses are those necessary to meet the requirements of a permit issued by the Texas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax assessor with a copy of the TCEQ letter of determination that states the portion of the cost of the installation for pollution control. This section should only be completed by a taxing unit that uses M&O funds to pay for a facility, device or method for the control of air, water or land pollution. 32 Tex. Tax Code § 26.041(d) 33 Tex. Tax Code § 26.041(i) 34 Tex. Tax Code § 26.041(d) 35 Tex. Tax Code § 26.04(c) 36 Tex. Tax Code § 26.04(c) 37 Tex. Tax Code § 26.045(d) 38 Tex. Tax Code § 26.045(i) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 7 0.484175 0.484175 0 6,621,990,520 0 0.484175 0.000000 0 0 6,621,990,520 0 0.438227 0.438227 Page 221 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 SECTION 5: Voter-Approval Tax Rate Adjustment for Unused Increment Rate Line Unused Increment Rate Worksheet Amount/Rate 63. 2021 unused increment rate. Subtract the 2021 actual tax rate and the 2021 unused increment rate from the 2021 voter-approval tax rate. If the number is less than zero, enter zero.$ __________/$100 64.2020 unused increment rate. Subtract the 2020 actual tax rate and the 2020 unused increment rate from the 2020 voter-approval tax rate. If the number is less than zero, enter zero. $ __________/$100 65.2019 unused increment rate. Subtract the 2019 actual tax rate and the 2019 unused increment rate from the 2019 voter-approval tax rate. If the number is less than zero, enter zero. If the year is prior to 2020, enter zero.$ __________/$100 66.2022 unused increment rate. Add Lines 63, 64 and 65.$ __________/$100 67.2022 voter-approval tax rate, adjusted for unused increment rate. Add Line 66 to one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties), Line 58 (taxing units with the additional sales tax) or Line 62 (taxing units with pollution control).$ __________/$100 Line De Minimis Rate Worksheet Amount/Rate 68. Adjusted 2022 NNR M&O tax rate. Enter the rate from Line 39 of the Voter-Approval Tax Rate Worksheet $ __________/$100 69.2022 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 70.Rate necessary to impose $500,000 in taxes. Divide $500,000 by Line 69 and multiply by $100.$ __________/$100 71.2022 debt rate. Enter the rate from Line 48 of the Voter-Approval Tax Rate Worksheet.$ __________/$100 72.De minimis rate. Add Lines 68, 70 and 71.$ __________/$100 The unused increment rate is the rate equal to the difference between the adopted tax rate and voter-approval tax rate before the unused increment rate for the prior three years. 39 In a year where a taxing unit adopts a rate by applying any portion of the unused increment rate, the unused increment rate for that year would be zero. The difference between the adopted tax rate and voter-approval tax rate is considered zero in the following scenarios: • a tax year before 2020; 40 • a tax year in which the municipality is a defunding municipality, as defined by Tax Code Section 26.0501(a); 41 or • after Jan. 1, 2022, a tax year in which the comptroller determines that the county implemented a budget reduction or reallocation described by Local Government Code Section 120.002(a) without the required voter approval. 42 This section should only be completed by a taxing unit that does not meet the definition of a special taxing unit. 43 SECTION 6: De Minimis Rate The de minimis rate is the rate equal to the sum of the no-new-revenue maintenance and operations rate, the rate that will raise $500,000, and the current debt rate for a taxing unit. 44 This section should only be completed by a taxing unit that is a municipality of less than 30,000 or a taxing unit that does not meet the definition of a special taxing unit. 45 SECTION 7: Voter-Approval Tax Rate Adjustment for Emergency Revenue Rate In the tax year after the end of the disaster calculation time period detailed in Tax Code Section 26.042(a), a taxing unit that calculated its voter-approval tax rate in the manner provided for a special taxing unit due to a disaster must calculate its emergency revenue rate and reduce its voter-approval tax rate for that year.46 Similarly, if a taxing unit adopted a tax rate that exceeded its voter-approval tax rate, calculated normally, without holding an election to respond to a disaster, as allowed by Tax Code Section 26.042(d), in the prior year, it must also reduce its voter-approval tax rate for the current tax year. 47 This section will apply to a taxing unit other than a special taxing unit that: • directed the designated officer or employee to calculate the voter-approval tax rate of the taxing unit in the manner provided for a special taxing unit in the prior year; and • the current year is the first tax year in which the total taxable value of property taxable by the taxing unit as shown on the appraisal roll for the taxing unit submitted by the assessor for the taxing unit to the governing body exceeds the total taxable value of property taxable by the taxing unit on January 1 of the tax year in which the disaster occurred or the disaster occurred four years ago. 39 Tex. Tax Code § 26.013(a) 40 Tex. Tax Code § 26.013(c) 41 Tex. Tax Code §§ 26.0501(a) and (c) 42 Tex. Local Gov’t Code § 120.007(d), effective Jan. 1, 2022 43 Tex. Tax Code § 26.063(a)(1) 44 Tex. Tax Code § 26.012(8-a) 45 Tex. Tax Code § 26.063(a)(1) 46 Tex. Tax Code §26.042(b) 47 Tex. Tax Code §26.042(f) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 8 0.029436 0.013725 0 0.043161 0.527336 0.293725 6,621,990,520 0.007550 0.180170 0.000000 Page 222 Item 18. 2022 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 This section will apply to a taxing unit in a disaster area that adopted a tax rate greater than its voter-approval tax rate without holding an election in the prior year. Note: This section does not apply if a taxing unit is continuing to calculate its voter-approval tax rate in the manner provided for a special taxing unit because it is still within the disaster calculation time period detailed in Tax Code Section 26.042(a) because it has not met the conditions in Tax Code Section 26.042(a)(1) or (2). Line Emergency Revenue Rate Worksheet Amount/Rate 73.2021 adopted tax rate. Enter the rate in Line 4 of the No-New-Revenue Tax Rate Worksheet.$ __________/$100 75.Increase in 2021 tax rate due to disaster. Subtract Line 74 from Line 73.$ __________/$100 76.Adjusted 2021 taxable value. Enter the amount in Line 14 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 77.Emergency revenue. Multiply Line 75 by Line 76 and divide by $100.$ _____________ 78.Adjusted 2022 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax Rate Worksheet.$ _____________ 79.Emergency revenue rate. Divide Line 77 by Line 78 and multiply by $100. 49 $ __________/$100 80.2022 voter-approval tax rate, adjusted for emergency revenue. Subtract Line 79 from one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties), Line 58 (taxing units with the additional sales tax), Line 62 (taxing units with pollution control) or Line 67 (taxing units with the unused increment rate).$ __________/$100 74. $ __________/$100 Adjusted 2021 voter-approval tax rate. Use the taxing unit’s Tax Rate Calculation Worksheets from the prior year(s) to complete this line. If a disaster occurred in 2021 and the taxing unit calculated its 2021 voter-approval tax rate using a multiplier of 1.08 on Disaster Line 41 (D41) of the 2021 worksheet due to a disaster, enter the 2021 voter-approval tax rate as calculated using a multiplier of 1.035 from Line 49. - or - If a disaster occurred prior to 2021 for which the taxing unit continued to calculate its voter-approval tax rate using a multiplier of 1.08 on Disaster Line 41 (D41) in 2021, complete the separate Adjusted Voter-Approval Tax Rate for Taxing Units in Disaster Area Calculation Worksheet to recalculate the voter-approval tax rate the taxing unit would have calculated in 2021 if it had generated revenue based on an adopted tax rate using a multiplier of 1.035 in the year(s) following the disaster. 48 Enter the final adjusted 2021 voter-approval tax rate from the worksheet. - or - If the taxing unit adopted a tax rate above the 2021 voter-approval tax rate without calculating a disaster tax rate or holding an election due to a disaster, no recalculation is necessary. Enter the voter-approval tax rate from the prior year’s worksheet. SECTION 8: Total Tax Rate Indicate the applicable total tax rates as calculated above. No-new-revenue tax rate. ................................................................................................................$ __________/$100 As applicable, enter the 2022 NNR tax rate from: Line 26, Line 27 (counties), or Line 56 (adjusted for sales tax). Indicate the line number used: ______ Vot over-appr al tax rate ...................................................................................................................$ __________/$100 As applicable, enter the 2022 voter-approval tax rate from: Line 49, Line D49 (disaster), Line 50 (counties), Line 58 (adjusted for sales tax), Line 62 (adjusted for pollution control), Line 67 (adjusted for unused increment), or Line 80 (adjusted for emergency revenue). Indicate the line number used: ______ De minimis rate...........................................................................................................................$ __________/$100 If applicable, enter the 2022 de minimis rate from Line 72. SECTION 9: Taxing Unit Representative Name and Signature Enter the name of the person preparing the tax rate as authorized by the governing body of the taxing unit. By signing below, you certify that you are the designated officer or employee of the taxing unit and have accurately calculated the tax rates using values that are the same as the values shown in the taxing unit’s certified appraisal roll or certified estimate of taxable value, in accordance with requirements in Tax Code. 50 ____________________________________________________________ Printed Name of Taxing Unit Representative ____________________________________________________________ ________________________________________ Taxing Unit Representative Date 48 Tex. Tax Code §26.042(c) 49 Tex. Tax Code §26.042(b) 50 Tex. Tax Code §§ 26.04(c-2) and (d-2) For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 9 0.438227 0.527336 0.000000 0.510000 5,126,550,220 0 0.510000 26,145,406 6,022,954,452 0 0.527336 26 67 Jayna Dean 7/29/2022 Page 223 Item 18. Page 1 of 1 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Robert B. Scott, Executive Director of Administrative Services Re: Town Council Meeting – August 9, 2022 Agenda Item: Consider and act upon a proposed FY 2022-2023 property tax rate. Description of Agenda Item: This agenda item is to set the proposed tax rate to publish for consideration. According to Section 26.05(d) of the Property Tax Code, the Town is required to hold one public hearing and publish a newspaper ad if proposing to consider a tax rate that exceeds the no-new-revenue rate or voter- approval rate, whichever is lower. The rate the Town finally adopts can be lower than the proposed and published rate, but it cannot exceed it without undergoing the required posting requirements and timeframes. Budget Impact: Cost to publish the notice is budgeted, if required. Town Staff Recommendation: Town staff recommends that the Town Council propose a rate of $0.51 per $100 in valuation. If making your motion according to staff’s recommendation, please use the following: Proposed Motion: I move to place a proposal to adopt a FY 2022-2023 tax rate of fifty-one cents ($0.51) per one hundred dollars ($100) of valuation on the September 13, 2022, Town Council Agenda. This item requires a record vote. Prosper is a place where everyone matters. FINANCE Page 224 Item 19.