20140527 Tcp

8/12/2019 20140527 Tcp

http://slidepdf.com/reader/full/20140527-tcp 1/324

8/12/2019 20140527 Tcp


Page 2 of 4

5e. Consider and act upon ratifying the selection of Mario Sinacola & SonsExcavating, Inc., for conduit work performed on Preston Road; and authorizingpayment. (JC)

5f. Consider and act upon an Ordinance rezoning 878.9± acres, located on thesoutheast and southwest corners of Prosper Trail and Dallas Parkway, fromPlanned Development-3 (PD-3), Planned Development-14 (PD-14), PlannedDevelopment-23 (PD-23), Planned Development-34 (PD-34), Single Family-10(SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC)to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018).(CC)

5g. Consider and act upon an Ordinance rezoning 621.1± acres, located on thenortheast and northwest corners of U.S. 380 and Preston Road, from PlannedDevelopment-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family-15 (SF-15) to PlannedDevelopment-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial(PD-SF-10/TH/MF/O/R/C). (Z09-0013). (CC)

5h. Consider and act upon whether to direct staff to submit a written notice of appealon 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 ZoningOrdinance, regarding action taken by the Planning & Zoning Commission on anysite plan or preliminary site plan. (CC)

6. CITIZEN COMMENTS:

(The public is invited to address the Council on any topic. However, the Council isunable to discuss or take action on any topic not listed on this agenda. Please complete

a “Public Meeting Appearance Card” and present it to the Town Secretary prior to themeeting.)

Other Comments by the Public -

REGULAR A GENDA:

(If you wish to address the Council during the regular agenda portion of the meeting,please fill out a “Public Meeting Appearance Card” and present it to the Town Secretaryprior to the meeting. Citizens wishing to address the Council for items listed as publichearings will be recognized by the Mayor. Those wishing to speak on a non-publichearing related item will be recognized on a case-by-case basis, at the discretion of the

Mayor and Town Council.)

PUBLIC HEARINGS:

7. Conduct a Public Hearing, and consider and act upon a request for a Specific UsePermit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side ofRichland Boulevard, 400± feet west of Coit Road. The property is zoned Office (O).(S14-0002). (CC)

8/12/2019 20140527 Tcp


Page 3 of 4

DEPARTMENT ITEMS:

8. Consider and act upon the election of a Mayor Pro-Tem and Deputy Mayor Pro-Tem.(RB)

9. Consider and act upon an ordinance approving the Water Conservation and DroughtContingency and Water Emergency Response Plan for the Town of Prosper, amendingarticle 13.05, “Water Conservation and Drought Contingency and Water EmergencyResponse Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, andamending Appendix A of the Town’s Code of Ordinances by adding thereto a newsection XVII, “Water Conservation and Enforcement Fees.” (FJ)

10. Consider and act upon an amendment to the Capital Improvement Plan (CIP) for theSouthwest Corner of Frontier Park Practice Fields project. (MR)

11. Consider and act upon awarding Bid No. 2014-35-B to Superscapes, Inc., related toconstruction services for the Southwest Corner of Frontier Park Practice Fields, andauthorizing the Town Manager to execute same. (PN)

12. Consider and act upon an Ordinance amending Section XIII, “Parks and RecreationUser Fees," of Appendix A to the Town's Code of Ordinances by adding a newsubsection (c) thereto relative to fees for the use of athletic facilities for tournaments,camps, and clinics. (JS)

13. EXECUTIVE SESSION:

Recess into Closed Session in compliance with Section 551.001 et seq. TexasGovernment Code, as authorized by the Texas Open Meetings Act, to deliberateregarding:

13a. Section 551.087 - To discuss and consider economic development incentives.

13b. Section 551.072 - To discuss and consider purchase, exchange, lease or valueof real property for municipal purposes and all matters incident and relatedthereto.

13c. Section 551.074. - To discuss appointments to the Planning & ZoningCommission, Parks & Recreation Board, Prosper Economic DevelopmentCorporation Board, Board of Adjustment, Construction Board of Appeals, andLibrary Board.

13d. Section 551.071. - Consultation with Town Attorney regarding legal issuesassociated with proposed extraterritorial jurisdiction release, and all mattersincident and related thereto.

14. Reconvene in Regular Session and take any action necessary as a result of the ClosedSession.

15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.

8/12/2019 20140527 Tcp


Page 4 of 4

16. Adjourn.

CERTIFICATION

I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside

window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to thegeneral public at all times, and said Notice was posted on May 23, 2014, at 5:00 p.m. and remained soposted at least 72 hours before said meeting was convened.

_________________________ _________________________Robyn Battle, Town Secretary Date Noticed Removed

Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right toconsult in closed session with its attorney and to receive legal advice regarding any item listed on thisagenda.

NOTICE

Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff arelimited to three (3) minutes per person, per item, which may be extended for an additional two (2) minuteswith approval of a majority vote of the Town Council.

NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings arewheelchair 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.

8/12/2019 20140527 Tcp


Page 1 of 9

]

Prosper is a place where everyone matters.

1. Call to Order/Roll Call.

The meeting was called to order at 5:00 p.m.

Council Members Present:Mayor Ray SmithMayor Pro-Tem Meigs MillerDeputy Mayor Pro-Tem Kenneth DuggerCouncilmember Michael Korbuly

Councilmember Curry Vogelsang, Jr.Councilmember Danny WilsonCouncilmember Jason Dixon

Staff Members Present:Harlan Jefferson, Town ManagerRobyn Battle, Town SecretaryTerrence Welch, Town AttorneyHulon T. Webb, Jr., Executive Director of Development and Community ServicesChris Copple, Development Services DirectorKent Austin, Finance DirectorDoug Kowalski, Chief of Police



2a. Section 551.087 - To discuss and consider economic developmentincentives.

2b. Section 551.072 - To disc uss and consider purchase, exchange, lease orvalue of real property for municipal purposes and all matters incident andrelated thereto.

2c. Section 551.074. - To discuss appoin tments to the Planning & ZoningCommission, Parks & Recreation Board, Prosper Economic DevelopmentCorporation Board, Board of Adjustment, Construction Board of Appeals,and Library Board.

The Town Council recessed into Executive Session at 5:01 p.m.

MINUTES Meeting of t he Prosper Town Council

Prosper High School Cafeteria301 Eagle Drive, Prosper, Texas

Tuesday, May 13, 2014

8/12/2019 20140527 Tcp


Page 2 of 9

3. Reconvene in Regular Session and take any action necessary as a resul t of theClosed Session.

The regular session was reconvened at 7:30 p.m.

No action was taken as a result of Executive Session.

REGULAR MEETING

1. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.

Pastor John Fowler led the invocation. The pledge of allegiance and the pledge to theTexas flag were recited.

2. Announcements of upcoming events.

Councilmember Korbuly made the following announcements:

This morning at the Prosper Chamber of Commerce Networking Breakfast,Congressman Sam Johnson presented the Town Council with a flag and aCongressional Record in honor of Prosper’s Centennial Celebration. The Town Councilwould like to thank the volunteers, staff, and partners who helped make the Celebrationa success.

Prosper ISD will host its second annual Special Olympics Track Meet on Friday, May 16.Opening Ceremonies will begin at approximately 9:45 a.m. Residents are invited tocome out and support these exceptional athletes. Contact Heather Brister at ProsperISD for more information.

The Danny Wilson Allstate Kite Day is set for Saturday, May 17, from 10:00 a.m. to 2:00

p.m. at Frontier Park. Everyone is encouraged to bring their favorite kite, or they canpick one up for free at the event while supplies last. Several sponsors will be on site toprovide fun activities, food, and information. There is no charge to participate in theevent.

Prosper’s Summer Series begins this Saturday, May 17, at 6:00 p.m. at Frontier Park.There will be food, music and a 16-foot inflatable slide, followed by a live concert byProsper's own country music artist Lucy Scholl at 7:00. We will end the evening with amovie showing of "Frozen.” Admission is free. Please bring your blankets and lawnchairs.

TxDOT and Mario Sinacola will close the eastern half of the First Street and Preston

Road intersection this weekend. Weather permitting, crews will close the east side ofFirst Street at 5:30 p.m. on Friday to allow for the set up and pouring of concrete onSaturday. The intersection is scheduled to reopen before 7:00 a.m. Monday morning.During this closure of First Street, motorists are encouraged to utilize Hays Road orProsper Trail to access Preston Road.

Councilmember Korbuly congratulated the Prosper Police Department on theirsuccessful Community Safety Initiative event that took place on Saturday, May 10.

8/12/2019 20140527 Tcp


Page 3 of 9

3. Proclamations.

● Presentation of a Proclamation to members of the Prosper PoliceDepartment declaring May 11-17, 2014, as Police Week , and declaring May15, 2014, as Peace Officers Memorial Day.

● Presentation of a Proclamation to members of Denton ABATE declaringMay 2014 as Motorcycle Safety Awareness Month .

4. CONSENT AGENDA:

(Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may beremoved from the Consent Agenda by the request of Council Members or staff.)

4a. Consider and act upon minutes from the follow ing Town Council meetings.(RB)

• Special Called Meeting – April 22, 2014• Regular Meeting – April 22, 2014• Work Session – Apr il 30, 2014

4b. Consider and act upon Resolut ion No. 14-27 of the Town Counci l of theTown of Prosper, Texas, denying the rate increase requested by AtmosEnergy Corp., Mid-Tex Division, under the Company’s 2014 annual ratereview mechanism (RRM) filing in all cities exercising original jurisdiction.(KA)

4c. Consider and act upon Resolution No. 14-28 author izing the Town Managerto execute an application to the Collin County Parks & Open Space ProjectFunding Assi stance Program for Cockrell Park Land Acquisi tion. (PN)

4d. Consider and act upon autho rizing the Town Manager to execute anagreement between Teague Nall and Perkins, Inc., and the Town ofProsper, Texas, related to the design of SH 289 Median Light ing . (MR)

4e. Consider and act upon author izing the Town Manager to execute the Amended and Restated Potable Water Supply Contr act betw een NorthTexas Municipal Water Distr ict and the Town of Prosper, Texas. (FJ)

Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded themotion to approve all items on the Consent Agenda. The motion was approved by avote of 7-0.

5. CITIZEN COMMENTS:

(The public is invited to address the Council on any topic. However, the Council isunable to discuss or take action on any topic not listed on this agenda. Please completea “Public Meeting Appearance Card” and present it to the Town Secretary prior to themeeting.)

8/12/2019 20140527 Tcp


Page 4 of 9

Mayor Smith recognized the following individuals who requested to speak:

Irwin “Cap” Parry, 850 Kingsview Drive, Prosper, encouraged the Town Council andTown Staff to make efforts to attract homebuyers to the area from companies such asToyota, who will soon be relocating to the area.

Jack Dixon, 810 long Valley Court, Prosper, congratulated the Prosper Eagles on theirsuccessful baseball season.

Brady Haarmeyer, 160 Wilson Drive, Prosper, did not wish to speak, but submitted aPublic Meeting Appearance Card requesting the Council to take steps to enforce thequiet zone along the BNSF railroad.

REGULAR AGENDA:

(If you wish to address the Council during the regular agenda portion of the meeting,please fill out a “Public Meeting Appearance Card” and present it to the Town Secretaryprior to the meeting. Citizens wishing to address the Council for items listed as publichearings will be recognized by the Mayor. Those wishing to speak on a non-publichearing related item will be recognized on a case-by-case basis, at the discretion of theMayor and Town Council.)

PUBLIC HEARINGS:

6. Conduct a Public Hearing, and cons ider and act upon a request to rezone878.9± acres, located on the southeast and southwest corners of Prosper Trailand Dallas Parkway, from Planned Development-3 (PD-3), PlannedDevelopment-14 (PD-14), Planned Development-23 (PD-23), PlannedDevelopment-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to Planned Development-

Single Family/Offi ce/Retail (PD-SF/O/R). (Z13-0018). (CC)

Development Services Director Chris Copple presented this item before the TownCouncil. The Town Council held a work session on April 30, 2014, and on May 7,2014, the applicant submitted revised zoning exhibits to reflect issues broughtforward during the work session. Mr. Copple reviewed the details of The Villages ofStar Trail Planned Development proposed zoning request, includingrecommendations made by the Parks and Recreation Board and the Planning andZoning Commission. Town staff provided a list of several items for the Town Councilto consider prior to taking action on the item.

Mayor Smith opened the Public Hearing.

Jack Dixon, 810 Long Valley Court, Prosper, was pleased that the updatedapplication had removed all multifamily residential from the application, but was stillconcerned about the number of high-density lots. Mr. Copple clarified the numberand size of residential lots in the proposed development.

Larry Delzell, 2401 Wing Point Lane, Plano, representing Darling Homes, spoke infavor of the item, noting that the current homebuying market is demanding high-quality development, but with a variety of styles and lot sizes.

8/12/2019 20140527 Tcp


Page 5 of 9

Ron Underwood, 8A Rhea Mills, Prosper, submitted a Public Meeting AppearanceCard for Items 6 and 7, encouraging the Town Council to designate an area withinthe Blue Star development for a Veterans Memorial.

Ken Weaver, 1480 Beacon Hill Drive, Prosper, submitted comments in opposition ofthe items, unless the recommendations of the Parks and Recreation Board, thePlanning and Zoning Commission, and Town Staff are adopted as part of the item.

With no one else speaking, Mayor Smith closed the Public Hearing.

Dena Compton Devoto of Blue Star Land continued the presentation to Council,addressing some of the comments made previously, and reviewing some of themajor features of the proposed zoning request. Several representatives frompotential homebuilders for the project were present for the meeting. Blue Star’s goalfor the project is to provide an array of housing options to residents, whilemaintaining quality and integrity, and meeting the needs and desires of the Prospercommunity. While they have eliminated multifamily units from the project at therequest of the Town, Blue Star believes The Villages of Star Trail PlannedDevelopment still meets those overall goals.

After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-TemDugger seconded the motion to approve a request to rezone 878.9± acres, locatedon the southeast and southwest corners of Prosper Trail and Dallas Parkway, fromPlanned Development-3 (PD-3), Planned Development-14 (PD-14), PlannedDevelopment-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) toPlanned Development-Single Family/Office/Retail (PD-SF/O/R), subject to thefollowing conditions:

1. Revise Exhibit F to state the elevations on the following pages are artists’concepts, the following elevations shall be representative of the architecturalstyle, color, and material selections for the single family dwellings in StarTrail.

The motion was approved by a vote of 5-2.

7. Conduct a Public Hearing, and consider and act upon a request to rezone621.1± acres, located on the northeast and northwest corners of U.S. 380 andPreston Road, from Planned Development-2 (PD-2), Planned Development-3(PD-3), Planned Development-13 (PD-13), Agr icu ltu ral (A), and Single Family-15(SF-15) to Planned Development-Single Family-

10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/ R/C).(Z09-0013). (CC)

Development Services Director Chris Copple presented this item before the TownCouncil. The Town Council held a work session on April 30, 2014, and on May 7,2014, the applicant submitted revised zoning exhibits to reflect issues broughtforward during the work session. Mr. Copple reviewed the details of The Gates ofProsper Planned Development proposed zoning request, including recommendationsmade by the Planning and Zoning Commission. Town staff provided a list of several

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


Page 7 of 9

Center, and on the west by the proposed north-south greenbelt, and (iii) thatportion of subdistrict 3 immediately east of the BNSF railroad line, north ofLovers Lane and west of the proposed north-south greenbelt. Town homes maybe constructed in (i) the same locations as the apartments referenced herein, (ii)adjacent to First Street in subdistrict 3 and (iii) that area west of Coleman Street,north of Lovers Lane and east of the proposed north-south greenbelt.

3. Timing Requirements for Multifamily and Townhome Construction. Upon theissuance by the Town of tenant certificates of occupancy for at least 300,000square feet of retail development on the property, the developer may constructup to 300 multifamily units and 150 townhome units. Upon the issuance by theTown of tenant certificates of occupancy for at least a total of 600,000 squarefeet of retail development on the property, the developer may construct up to anadditional 300 multifamily units.

4. For nonresidential buildings in any subdistrict, a minimum of twenty-five percent(25%) of the front façade and any side façades shall be natural or manufacturedstone. A minimum of twenty percent (20%) of the rear façade of any buildingalong U.S. Highway 380 shall be natural or manufactured stone; all other rearfaçades facing a public right-of-way shall be a minimum of ten percent (10%)natural or manufactured stone unless a landscape screen consisting of a doublerow of evergreen canopy trees is provided along said right-of-way.

5. Townhomes and multifamily units shall be constructed of a minimum of twentypercent (20%) natural or manufactured stone or integral color split-faced block.Stucco shall only be permitted on the second floor of a townhome unit or higher,or the third floor of a multifamily building or higher.

6. I further move to direct Town staff to review whether that portion of Lovers Lanebetween U.S. Highway 380 and Preston Road adjacent to the Willow Ridge

residential development shall be designated by the Town as a “no through truck”route. In the event that a future traffic impact study indicates that this section ofLovers Lane should be a two-lane collector, the developer shall proportionatelyincrease its landscape buffers along that section of Lovers Lane. I additionallymove to direct Town staff to review alternate median landscaping for this portionof roadway.

The motion was approved by a vote of 6-1.

DEPARTMENT ITEMS:

8. Consider and act upon a resolution requesting the Texas Departm ent of

Transportation restrict commercial vehicle traffic along eastbound FrontierParkway (FM 1461) between Preston Road (SH 289) and Custer Road (FM2478). (DK)

Police Chief Doug Kowalski presented this item before the Town Council. Theproposed resolution is a request for the Texas Department of Transportation todesignate the eastbound portion of Frontier Parkway (FM 1461) between PrestonRoad (SH 289) and Custer Road (FM 2478) to be designated as a “no truck route” inthe interest of public safety. The City of Celina will be making the same request to

8/12/2019 20140527 Tcp


Page 8 of 9

the Texas Department of Transportation as a result of action taken by the Celina CityCouncil. Hulon Webb, Executive Director of Development and Community Services,elaborated on the presentation by depicting a map of current and future traffic signsand signals along Frontier Parkway. Town staff recommended the Town Councilapprove the proposed resolution.

Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem Duggerseconded the motion to adopt Resolution No. 14-29, requesting the TexasDepartment of Transportation restrict commercial vehicle traffic along eastboundFrontier Parkway (FM 1461) between Preston Road (SH 289) and Custer Road (FM2478). The motion was approved by a vote of 7-0.



9a. Section 551.087 - To di scuss and consider economic developmentincentives.

9b. Secti on 551.072 - To discuss and cons ider purchase, exchange, lease orvalue of real property for municipal purposes and all matters incidentand related thereto.

9c. Secti on 551.074. - To discuss appointments to the Planning & ZoningCommission, Parks & Recreation Board, Prosper EconomicDevelopment Corporation Board, Board of Adjustment, ConstructionBoard of Appeals, and Library Board.

The Town Council did not recess into Executive Session.

10. Reconvene in Regular Session and take any action necessary as a resul t of theClosed Session.

11. Possibly direct Town staff to schedule topic(s) for discussion at a futuremeeting.

• Downtown Enhancements Project

Senior Engineer Matt Richardson updated the Council on this Project. Town staffwas directed to proceed with the street lighting project, but to limit the scope to

Broadway and two blocks of Main Street, and to incorporate expanded sidewalksand enhanced landscaping.

• Set date to canvass May 10, 2014, General Election

Town Secretary Robyn Battle updated the Council on the May 10, 2014, GeneralElection. Town Staff was directed to set May 19, 2014, as the date to canvass theelection.

8/12/2019 20140527 Tcp


Page 9 of 9

• Proactive traffic enforcement on US 380

Police Chief Doug Kowalski updated the Council on this item. Due to the increasednumber of accidents along US 380, the Police Department will begin proactiveenforcement of the area by increasing visibility in the area to encourage motorists todrive more safely, and by increasing education efforts through social media abouttraffic safety.

• Amendment to the Future Land Use Plan

Development Services Director Chris Copple updated the Council on this item. Dueto a recent zoning request, Town staff is seeking direction on whether to place anitem on a future agenda regarding an amendment to the Future Land Use Plan.Town staff was directed to do so.

12. Adjourn.

The meeting was adjourned at 11:07 p.m., on Tuesday, May 13, 2014.

These minutes approved on the 27th day of May, 2014.

APPROVED:

Ray Smith, Mayor

ATTEST:

Robyn Battle, Town Secretary

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


Page 2 of 2

4. Adminis ter Oaths of Office and Present Certificates of Election.

Mayor Smith administered the Oaths of Office to the newly-elected Town Councilmembers, and presented their Certificates of Election.

5. Adjourn

The meeting was adjourned at 6:08 p.m., on Monday, May 19, 2014.

These minutes approved on the 27th day of May, 2014.

APPROVED:

Ray Smith, Mayor

ATTEST:

Robyn Battle, Town Secretary

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXAS

MONTHLY FINANCIAL REPORTApril 2014

ContentsDashboard Charts 1

General Fund 3

Water/Sewer Fund 4

Interest & Sinking Fund 5

Internal Service Fund 6

Storm Drainage Fund 7Parks Dedication & Improvement Fund 8

Impact Fees Fund 9

Special Revenue Fund 10

Employee Health Trust Fund 11

Capital Projects Fund ‐‐General 12

Capital Projects Fund ‐‐Water/Sewer 13

Detail ‐‐All Funds 14

Legend

"Compare to" refers to percentage of fiscal year completed ‐‐e.g. 58.33% = 7/12, or April.

Parentheses around a number indicate credit amount or gain ‐‐e.g., Sales Taxes (1,464,685)

Red, yellow, and green traffic lights indicate status of number compared to percentage of

fiscal year completed ‐‐e.g., Sales Taxes 53.60

Item 5b

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTApril 2014COMPARE TO: 58.33%

Currrent Current Current Year YTD Month Percent YTD

Amended Budget Actual Actual %

GENERAL FUND Property Taxes ‐Current (5,176,475) (5,044,997) (20,835) 97.46 Sales Taxes (2,732,400) (1,464,685) (210,820) 53.60 Franchise Fees (473,000) (214,410) (45,498) 45.33

[3] Building Permits (1,554,300) (1,036,892) (165,156) 66.71 Fines (215,000) (145,056) (26,551) 67.47 Other (1,610,142) (1,220,616) (113,784) 75.81 Total Revenues (11,761,317) (9,126,657) (582,643) 77.60

[1] 10 Administration 1,844,468 1,147,080 150,298 62.19 20 Police 1,834,258 994,655 119,335 54.23

[2] 25 Dispatch Department 644,690 335,972 36,897 52.11 30 Fire/EMS 2,566,238 1,318,621 173,254 51.38 35 Fire Marshall 123,595 64,527 8,982 52.21 40 Streets 1,367,305 182,490 20,106 13.35 45 Public Library 115,336 44,039 3,302 38.18 60 Parks and Recreation 1,778,550 711,474 90,247 40.00 70 Municipal Court 237,728 111,535 21,380 46.92 80 Inspections 796,782 322,370 58,832 40.46 85 Code Enforcement 164,151 91,632 22,342 55.82 90 Planning 495,505 201,474 22,741 40.66 98 Engineering 487,149 248,774 33,817 51.07

Total Expenses 12,455,755 5,774,645 761,533 46.36

(Gain)/Loss 694,438 (3,352,012) 178,890

NOTES:[1] Administration expenses FYTD include $15,925 audit fees, $19,154 Appraisal (District) fees,

$10,000 Contracted Services for Ion Wave electronic purchasing subscription, $12,584 inCh. 380 Program Grant Expense catch ‐up payments to Precision Landscape and Denton CountyFresh Water Supply District No. 10, and one ‐time costs of approximately $62,500 for the opening of the Town Hall Annex and remodeling of Town Hall.

[2] Dispatch Department expenses include Contracted Services expenses of $33,000 to IntegratedComputer Systems for annual computer aided dispatch fee and $28,000 to DFW Communicationsfor annual radio service agreement.

[3] Building Permits include a current month reclass of building permits from prior months thatwere coded to various accounts other than building permits and totaled $77,945. The actualBuilding Permits total for April is $87,211 ($165,156 ‐ $77,945).

3 of 42

Item 5b

8/12/2019 20140527 Tcp





WATER ‐SEWER FUNDWater revenues (5,671,600) (2,527,504) (355,112) 44.56 Sewer revenues (2,397,850) (1,549,487) (205,933) 64.62 Sanitation revenues (906,000) (596,557) (87,281) 65.85 Total Revenues (8,975,450) (4,673,548) (648,326) 52.07

50 Water 6,436,590 3,116,724 505,911 48.42 55 Sewer 4,868,706 4,000,977 3,106,790 82.18 57 Utility Billing 972,042 539,462 88,994 55.50

Total Expenses 12,277,338 7,657,163 3,701,694 62.37

(Gain)/Loss 3,301,888 2,983,615 3,053,368

[1] In February $3 million was added to the Sewer Department budget, utilizing reserves to cash financepart of the Town's share of Upper Trinity's Doe Branch Wastewater Treatment Facility. This is whythe Fund's expenditure budget is so much higher than its revenue budget.In April, the entry was made to transfer the $3,000,000 to Capital Projects for the cash financing.

[2] Wire transfers totaling $823,876 were made to meet water and sewer debt service paymentsdue February 15.

4 of 42

Item 5b

8/12/2019 20140527 Tcp





INTEREST & SINKING FUND Property Taxes ‐Delinquent (30,000) (72,192) (607) 240.64 Property Taxes ‐Current (2,763,240) (2,997,525) (12,379) 108.48 Taxes ‐Penalties (18,000) (21,161) (1,052) 117.56

[3] Proceeds from Bond Issuance ‐ (6,175,000) (6,175,000) ‐ [3] Proceeds from Bond Premium ‐ (764,610) (764,610) ‐

Interest Income (12,000) (10,449) (2,512) 87.08 Total Revenues (2,823,240) (10,040,938) (6,956,161) 355.65

[3] Payment to Bond Escrow Agent ‐ 7,520,684 7,520,684 ‐ [2] 2013 GO Ref Bond 282,672 77,722 ‐ 27.50

2010 Tax Note Payment 365,166 356,248 ‐ 97.56 2011 Ref Bond Pmt 177,791 172,599 ‐ 97.08 2012 GO Bond Payment 112,413 56,206 ‐ 50.00 2004 CO Bond Payment 329,992 60,496 ‐ 18.33 2006 Bond Payment 455,033 95,516 ‐ 20.99 2008 CO Bond Payment 1,078,313 773,820 ‐ 71.76

[1] Bond Administrative Fees 20,000 88,929 125,507 444.65 Total Expenses 2,821,380 9,202,221 7,646,191 326.16

(Gain)/Loss (1,860) (838,717) 690,031

NOTES:[1] Bond Administrative Fees includes $37,977 refund for excess cost of issuance for the Series 2013

refunding bonds and Certificates of Obligation and $125,507 in fees associated with the 2014 GORefunding & Improvement Bonds.

[2] Wire transfers totaling $1,592,608 were made to meet the February 15 semi ‐annual debtservice payments. Similar payments were made from the Water/Sewer Fund.

5 of 42

Item 5b

8/12/2019 20140527 Tcp





INTERNAL SERVICE

FUND

‐‐MEDICAL

EXPENSE

REIMBURSEMENT

PROGRAM Charges for Services (30,000) (17,055) (2,475) 56.85

Interest Income (500) (349) (40) 69.80 [1] Transfer In (19,160) (1,260) 8,320 6.58

Total Revenue (49,660) (18,664) 5,805 37.58

MERP H & D Expense ‐ GF 49,000 23,589 2,800 48.14 Total Expenses 49,000 23,589 2,800 48.14

(Gain)/Loss (660) 4,925 8,605

NOTES:[1] Due to budget concerns, the decision was made to stop the General Fund transfers to

the Internal Service Fund and to reverse the FYTD transfers in from the General Fundtotaling $9,917.

6 of 42

Item 5b

8/12/2019 20140527 Tcp




Amended Budget

Actual

Actual

%

STORM DRAINAGE UTILITY FUND Storm Drainage Utility Fee (228,800) (141,463) (20,627) 61.83 Interest Storm Utility (1,600) (954) (109) 59.62 Total Revenue (230,400) (142,416) (20,736) 61.81

Personnel Expenses 42,649 23,575 3,264 55.28 Program Expenses 351,351 67,696 16,024 19.27 Total Expenses 394,000 91,271 19,289 23.17

(Gain)/Loss 163,600 (51,145) (1,448)

7 of 42

Item 5b

8/12/2019 20140527 Tcp





PARK DEDICATION AND IMPROVEMENT FUND Park Dedication ‐Fees (100,000) (166,678) 166.68 Park Improvement (200,000) (237,000) 118.50 Contributions ‐ (17,500) ‐ ‐ Interest ‐Park Dedication (1,200) (1,164) (174) 97.04 Interest ‐Park Improvements (350) (422) (58) 120.48 Total Revenue (301,550) (422,764) (233) 140.20

[1] Miscellaneous Expense ‐ 42,489 10 ‐ Professional Services ‐Pk Ded ‐ 16,802 ‐ Professional Services ‐Pk Imp 24,375 21,912 13,912 89.90

Capital Exp‐Pk Improvements 30,000 8,500 ‐ 28.33 Capital Exp‐Pk Dedication 645,625 ‐ ‐ ‐ Total Expenses 700,000 89,704 13,922 12.81

(Gain)/Loss 398,450 (333,061) 13,689

[1] Miscellaneous expense includes $42,419 for reimbursement of a portion of improvement fees receivedin the prior year from Prosper Lakes North LLC.

8 of 42

Item 5b

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp





SPECIAL REVENUE

FUND Police Donation Inc (16,000) (11,484) (773) 71.78

Fire Dept ‐Donation Inc (12,000) (6,661) (788) 55.51 Safety Fair Donations (2,000) ‐ ‐ ‐ Child Safety Inc (9,000) (5,863) ‐ 65.15 Court Security Revenue (2,900) (2,924) (461) 100.84 Technology Fd Revenue (4,000) (3,889) (602) 97.22 Special Revenue ‐ Other ‐ (1,551) ‐ ‐ Interest Income ‐ (2,524) (311) ‐ Country Xmas Donations (10,000) (17,951) ‐ 179.51 Tree Mitigation Revenue ‐ (14,175) ‐ ‐ Escrow Income ‐ (70,103) ‐ ‐ Cash Seizure Forfeit ‐PD (500) (3,250) ‐ 650.00 Total Revenue (56,400) (140,375) (2,935) 248.89

Country Xmas Expense 10,000 10,001 ‐ 100.01 [2] Court Technology Expense 12,200 15,261 11,690 125.09

Court Security Expense 2,500 476 68 19.04 Police Donation Exp 8,000 4,000 ‐ 50.00 Fire Dept Donation Exp 8,000 3,348 973 41.85 Health & Safety Fair Exp 1,500 ‐ ‐ ‐ Child Safety Expense 1,000 617 ‐ 61.70

[1] Escrow Expense 15,500 182,024 ‐ 1,174.35 Volunteer Per Diem Expense ‐ 480 50 ‐ Special Operations 500 ‐ ‐ ‐

PD Seizure Expense ‐ 200 ‐ ‐ Total Expenses 59,200 216,408 12,781 365.55

(Gain)/Loss 2,800 76,033 9,847

NOTES:[1] Escrow Expense includes $182,024 payment to KCK Utilities for West Side Sewer Line.

[2] Court Technology Expense includes $11,690 for ticket writers, support, setup and accessories.

10 of 42

Item 5b

8/12/2019 20140527 Tcp





EMPLOYEE HEALTH TRUST FUND

N/A N/A N/A Total Revenue N/A ‐ ‐ N/A

Health Insurance ‐ 21 ‐ N/A Total Expenses ‐ 21 ‐ N/A

Revenues (over)/under expenses N/A 21 ‐

NOTE: The Employee Health Trust Fund accounts for the Town's Flexible Spending Account (FSA)program, which is funded by employee payroll deductions held in liability accounts. There areno revenues, and the only expenses are administrative.

11 of 42

Item 5b

8/12/2019 20140527 Tcp





CAPITAL PROJECTS‐‐GENERAL GOVERNMENTAL[1] Contributions ‐ (105,000) ‐ ‐

Interest ‐2004 Bond (1,000) (1,172) (166) 117.21 Interest ‐2006 Bond (1,000) (181) (26) 18.07 Interest 2008 Bond (1,000) (9,372) (1,112) 937.21 Interest ‐2011 Refd Bond (70) ‐ ‐ ‐ Interest 2012 GO Bond (5,000) (6,316) (883) 126.32

[3] Bond Proceeds (1,965,000) (1,000,000) (1,000,000) 50.89 Total Revenues (1,973,070) (1,122,041) (1,002,187) 56.87

Salaries & Wages 92,820 47,224 6,794 50.88 Salaries ‐ Longevity 459 ‐ ‐ ‐ Salary ‐ Incentive 300 ‐ ‐ ‐

Social Security Expense 5,802 2,828 405 48.74 Medicare Expense 1,357 661 95 48.74 SUTA Expense 93 (45) (262) (48.39) Health Insurance 5,400 3,120 567 57.79 Dental Insurance 360 145 24 40.23 Life Insurance/AD&D 114 51 8 44.59 Liability (TML) Workers' Comp 118 146 ‐ 123.45 TMRS Expense 9,826 5,024 730 51.13 Long Term/Short Term Disabilit 173 ‐ ‐ ‐ WELLE‐Wellness Prog Reimb ‐Empl 420 ‐ ‐ ‐ Building Supplies 42 42 ‐ Professional Serv‐2006 Bond 13,178 ‐ ‐

Professional Services 10,090

1,000

‐ Telephone Expense 683 410 ‐ Mileage Expense 2,672 ‐ ‐ Capital Expenditures ‐2006 Bond 3,411 ‐ ‐

[2] Capital Expenditure 2008 Bond 2,022,218 254,983 ‐ Capital Expenditure ‐ WS Prjts 1,100 ‐ ‐ Construction 4,662,758 ‐ ‐ ‐

Total Expenses 4,780,000 2,112,548 264,795 44.20

(Gain)/Loss 2,806,930 990,507 (737,393)

NOTES:[1] Contributions revenue account includes $55,000 from agreement with Prosper EDC and $50,000 from

Preston Development, Ltd for First/Coit widening.

[2] 2008 bond project FYTD expense is for First and Coit project.

[3] Bond Proceeds include $1,000,000 in proceeds related to the 2014 GO Refunding & Improvement Bonds.

12 of 42

Item 5b

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014

Account Number Description Current Current Currrent CurrentYear Year Year YTD Adopted Budget Amendments Amended Budget Actual

80‐6015 ‐65‐00 Project Incentives 100,000.00 100,000.00 55 Subtotal object ‐ 0 547,741.0 0 547,741.00 321

Program number: 547,741.00 547,741.00 321 Department number: 65 Economic Development 547,741.00 547,741.00 321

Expense

Subtotal ‐ ‐ ‐ ‐ ‐ ‐

547,741.00

547,741.00

321

Fund number: 80 Economic Development Corporati (139,259.00) (139,259.00) (183

8/12/2019 20140527 Tcp


"A PLACE WHERE EVERYONE MATTERS"

Investment Portfolio Summary

January 1, 2014 ‐ March 31, 2014

Prepared By

Trish FeatherstonAccounting Manager

Town of Prosper

Kent R. AustinFinance DirectorTown of Prosper

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXASINVENTORY HOLDING REPORT03/31/14

ALL FUND TYPES EXCEPT EDC

Maturity Break

Bank Deposit 28,515,003 Subtotal - Cash 28,515,003 57.1%

TexPool 6,506,742TexStar 8,538,861 Subtotal - Pools 15,045,603 30.1%

Agencies, Treasuries, Muni Bonds & CD's0-3 mos. 5,243,3533-6 mos. 0

6-9 mos. 1,028,0409-12 mos. 0 Subtotal - Other < 1 yr 6,271,394 12.6%

‐

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

Town of Prosper ‐ Maturity

1 Day Liquidity

Town of Prosper ‐ Securit1-2 yrs. 102,0822-3 yrs. 0> 3 yrs. 0 Subtotal - Other 1 or > 1 yr 102,082 0.2%

Total 49,934,081 100%

Asset DiversificationBank Deposit 28,515,003 57.1%TexPool 6,506,742 13.0%TexStar 8,538,861 17.1%Certificate of Deposit 6,373,476 12.8%Total 49,934,081 100.0%

0

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

Bank Deposit TexPool TexS

Town of Prosper ‐ Securit

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


Town of Prosper, TexasQuarterly Portfolio Change

Pools30%

CD's13%

Total Portfolio 3/31/2014 are $

Cash57%

Pools30%

CD's13%

Total Portfolio Assets as of 12/31/2013 are $49,572,272

Average Portfolio Yield: 0.50% Average Portfolio Yield: Average Portfolio Maturity: 26 days Average Portfolio Maturity: % Maturing within 3 months: 87% % Maturing within 3 months:

G:\Finance\Investment Policy\Investment Report March 2014

8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXASQUARTERLY POSITION CHANGE REPORTJanuary 1 - March 31, 2014

PURCHASE BOOK VALUETYPE OF CURRENT SETTLEMENT MATURITY BEGINNING ENDING BEGINNI

CUSIP SECURITY PAR RATE DATE DATE 01/01/14 03/31/14 CHANGE 01/01/14Cash Positions: Bank Cash Investments

Bank Deposit Cash 28,515,003 Various 03/31/14 04/01/14 28,161,507 28,515,003 353,496 2Subtotal Cash Positions 28,515,003 28,161,507 28,515,003 353,496 2

Cash Positions: Pooled InvestmentsTexPool Pool 6,506,742 0.029% 03/31/14 04/01/14 6,506,284 6,506,742 457 TexStar Pool 8,538,861 0.034% 03/31/14 04/01/14 8,538,144 8,538,861 717 Subtotal Pool Investments 15,045,603 15,044,428 15,045,603 1,175 1

Certificates of DepositCD 3000066 CD 1,028,040 0.35% 12/12/13 12/12/14 1,027,154 1,028,040 886 CD 3000155 CD 102,082 0.45% 06/14/13 06/14/15 101,969 102,082 113 CD 1071486 CD 2,663,824 0.50% 12/10/12 06/10/14 2,660,544 2,663,824 3,280 CD 1071487 CD 2,579,529 0.45% 06/10/13 06/10/14 2,576,670 2,579,529 2,859 Subtotal CD's 6,373,476 6,366,337 6,373,476 7,139

Grand Total 49,934,081 49,572,272 49,934,081 361,809 4

G:\Finance\Investment Policy\Investment Report March 2014

8/12/2019 20140527 Tcp


Page 1 of 2

To: Mayor and Town Council

From: January Cook, CPPO, CPPB, Purchasin g Agent

Through : Harlan Jefferson , Town Manager

Re: Town Counci l Meeting – May 27, 2014

Agenda Item:Consider and act upon awarding CSP No. 2014-23-B to Vanguard Modular Buildings, LLC, forthe purchase of a modular building for Public Works.

Description of Ag enda Item:The Town developed specifications, and solicited proposals for a modular building for PublicWorks. A Notice to Proposers was advertised, and 4 proposals were received by the due dateand time (May 2, 2014, at 3:00 p.m.). The total cost of the proposals ranged from $119,371 to$279,508. An evaluation committee consisting of representatives from Public Works evaluatedthe proposals, based on the following criteria:

1. cost;2. age and condition of building;3. floor plan; and4. delivery time and other factors.

After completion of the evaluation process, staff recommends award to Vanguard ModularBuildings, LLC, as the best value proposal. The proposed building was manufactured in 2007, isover 4,000 square feet, and offers the best internal configuration of the space to accommodatePublic Works. The cost for the modular building, with the optional front stairs/ramp, is within theapproved budget for this project.

Budget Impact: The total amount of the purchase for the modular building, with the optional front stairs/ramp, is$178,123, and will be funded by account 20-6110-50. $203,000 was budgeted for this project.The remaining balance will be used for other items related to the installation of the modularbuilding.

Legal Obligations and Review:N/A

At tac hed Doc ument s:1. Evaluation Matrix2. Building Layout


FINANCE

Item 5d

8/12/2019 20140527 Tcp


Page 2 of 2

Town Staff Recommendation:Town staff recommends approval of the award of CSP No. 2014-23-B to Vanguard ModularBuildings, LLC, for the purchase of a modular building for Public Works.

Proposed Motion: I move to approve the award of CSP No. 2014-23-B to Vanguard Modular Buildings, LLC, forthe purchase of a modular building for Public Works.

Item 5d

8/12/2019 20140527 Tcp


CSP No. 2014-23-B

EVALUATION MATRIX

EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED

SCORE

POINTS WEIGHTED

SCORE

POINTS WEIGHTED

SCORE

POINTS WEIGHT

SCOREAge and Condition of Building 15% 15.00 0.75 17.00 0.85 30.00 1.50 18.00 0.90Floor Plan 40% 9.00 1.20 12.00 1.60 11.00 1.47 27.00 3.60Delivery Time and Other Factors 10% 16.00 0.53 16.00 0.53 10.00 0.33 27.00 0.90Cost 35% 10.00 3.50 4.27 1.49 6.71 2.35 6.70 2.35TOTAL 100% 5.98 4.48 5.65 7.75

Vanguard ModulaBuildings, LLC

Public Works Modular Building

INTEGRATEDMODULAR

SOLUTIONS, LLC

ModSpace Ramtech BuildingSystems Inc.

Attachment 1

8/12/2019 20140527 Tcp


Attachment 2

8/12/2019 20140527 Tcp


Page 1 of 2


From: Michael Bull a, CIP Project Manager



Agenda Item:Consider and act upon ratifying the selection of Mario Sinacola & Sons Excavating, Inc., forconduit work performed on Preston Road; and authorizing payment.

Description of Ag enda Item:In preparation for impending landscaping and illumination improvements within the PrestonRoad corridor, Town staff worked with the Texas Department of Transportation (TxDOT) toinstall conduit sleeves under the future concrete median openings and pavement during anactive TxDOT construction project (Project No. 0091-04-050). Completing this work duringTxDOT construction prevented the Town from paying additional costs for boring that would havebeen required if the Town installed the conduit sleeves after the TxDOT project is completed.This resulted in a cost savings to the Town.

TxDOT would not allow the Town to utilize a third party to complete the work during an activeconstruction project, and intended to process a change order for the installation of the conduitsleeves. However, due to construction progress and timing for installation, there was notsufficient time to process a change order. Therefore, TxDOT allowed the Town to work directlywith Mario Sinacola & Sons Excavating, Inc. to complete this work.

Budget Impact:The total amount of the payment for the conduit work performed is $114,850.06, and will befunded by account 10-5480-40. This item was approved in the FY 13-14 budget.

Legal Obligations and Review:N/A

At tac hed Doc ument s:1. Proposal from Mario Sinacola & Sons Excavating, Inc.

Town Staff Recommendation:Town staff recommends ratifying the selection of Mario Sinacola & Sons Excavating, Inc., forconduit work performed on Preston Road; and authorizing payment.


ENGINEERING

Item 5e

8/12/2019 20140527 Tcp


Page 2 of 2

Proposed Motion: I move to approve ratifying the selection of Mario Sinacola & Sons Excavating, Inc., for conduitwork performed on Preston Road; and authorizing payment.

Item 5e

8/12/2019 20140527 Tcp


0

Texas Department of Transportation2205 South SH 5McKinney, Texas 75069

RE: City of Prosper P.O. Box 307Prosper, Texas 75078

ATTENTION: Michael Bulla

GENTLEMEN: We propose to furnish all labor, materials and equipment

necessary to construct the following described work:

PROJECT: Conduit Crossings for Preston RoadLOCATION: Prosper TexasClient Number Description Biditem Quantity Unit Unit Price Biditem Total

2" PVC SCH 40 CONDUIT 12,658.000 LF $6.41 $81,137.784" PVC SCH 40 CONDUIT 3,304.000 LF $7.82 $25,837.28GROUND BOXES 15.000 EA $525.00 $7,875.00

Bid Total: $114,850.0

QUALIFICATIONS:~ No work can start until a contract is issued by the City of Prosper ~

Sincerely,MARIO SINACOLA & SONS EXCAVATING, INC.

Should you have any questions, or need clarification regarding this proposal, please feel free to contact this office.

1/20/2014

Pricing does not include any bores or installation by other than open cut.

Printed: 1/23/2014 Conduit Crossing 1-20-2014 - Prop Page: 1 of 1

Attachment 1

8/12/2019 20140527 Tcp


Page 1 of 2


From: Chris Copple, AICP, Director of Development Servic es



Agenda Item:

Consider and act upon an Ordinance rezoning 878.9± acres, located on the southeast andsouthwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3),Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34(PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and CommercialCorridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018).

Description of Agenda Item: On May 13, 2014, the Town Council approved zoning case Z13-0018, by a vote of 5-2 subjectto the following conditions:

1. Revise Exhibit F to state the elevations on the following pages are artists’ concepts, the followingelevations shall be representative of the architectural style, color, and material selections for the

single family dwellings in Star Trail.Town staff has prepared an ordinance rezoning the property.

Legal Obligations and Review:Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approvinga zoning request and adopting an ordinance rezoning property. A public hearing has been heldand the Town Council approved the zoning case. The attached ordinance is a standard formatthat was previously approved by the Town Attorney, Terrence Welch.

At tac hed Doc ument s:1. Ordinance

Town Staff Recommendation:Town staff recommends the Town Council adopt an ordinance rezoning 878.9± acres, locatedon the southeast and southwest corners of Prosper Trail and Dallas Parkway, from PlannedDevelopment-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23),Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5),Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail(PD-SF/O/R).


PLANNING

Item 5f

8/12/2019 20140527 Tcp


Page 2 of 2

Proposed Motion:I move to adopt an ordinance rezoning 878.9± acres, located on the southeast and southwestcorners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), PlannedDevelopment-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and CommercialCorridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R).

Item 5f

8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__

AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20,ORDINANCE NO. 00-03, ORDINANCE NO. 04-52, ORDINANCE NO. 05-35,

AND ORDINANCE NO. 06-116; REZONING A TRACT OF LAND CONSISTINGOF 902.565 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTYSCHOOL LAND SURVEY, ABSTRACT NO. 147, J.M. DURRET SURVEY,

ABSTRACT NO. 350, AND NEATHERLY SURVEY, ABSTRACT NO. 962, INTHE TOWN OF PROSPER, COLLIN COUNTY AND DENTON COUNTY,TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-3 (PD-3),PLANNED DEVELOPMENT-14 (PD-14), PLANNED DEVELOPMENT-23 (PD-23), PLANNED DEVELOPMENT-34 (PD-34), SINGLE FAMILY-10 (SF-10),SINGLE FAMILY-12.5 (SF-12.5), OFFICE (O), AND COMMERCIALCORRIDOR (CC) IS HEREBY REZONED AND PLACED IN THE ZONINGCLASSIFICATION OF PLANNED DEVELOPMENT-SINGLEFAMILY/OFFICE/RETAIL (PD-SF/O/R); DESCRIBING THE TRACT TO BEREZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THISORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITYCLAUSES; 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”) hasinvestigated and determined that Zoning Ordinance No. 05-20, Ordinance No. 00-03, OrdinanceNo. 04-52, Ordinance No. 05-35, and Ordinance No. 06-116 should be amended; and

WHEREAS , the Town of Prosper, Texas (“Prosper”) has received a request from BlueStar Land, LP (“Applicant”) to rezone 902.565 acres of land, more or less, situated in the CollinCounty School Land Survey, Abstract No. 147, J.M. Durret Survey, Abstract No. 350, andNeatherly Survey, Abstract No. 962 in the Town of Prosper, Collin County and Denton County,Texas; and

WHEREAS , the Town Council has investigated into and determined that the factscontained in the request are true and correct; and

WHEREAS , all legal notices required for rezoning have been given in the manner andform set forth by law, and public hearings have been held on the proposed rezoning and allother 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 beadvantageous and beneficial to Prosper and its inhabitants to rezone this property as set forthbelow.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OFPROSPER, TEXAS:

SECTION 1

Findings Incorporated. The findings set forth above are incorporated into the body of thisOrdinance as if fully set forth herein.

Item 5f

8/12/2019 20140527 Tcp


Ordi nance No. 14-__, Page 2

SECTION 2

Amendments to Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 04-52, Ordinance No. 05-35, and Ordinance No. 06-116. Zoning Ordinance No. 05-20, OrdinanceNo. 00-03, Ordinance No. 04-52, Ordinance No. 05-35, and Ordinance No. 06-116 is amendedas follows: The zoning designation of the property containing 902.565 acres of land, more orless, situated in the Collin County School Land Survey, Abstract No. 147, J.M. Durret Survey,

Abstract No. 350, and Neatherly Survey, Abstract No. 962 in the Town of Prosper, Collin Countyand Denton County, Texas, (the “Property”) and all streets, roads and alleyways contiguousand/or adjacent thereto is hereby rezoned as Planned Development-Single Family /Office/Retail(PD-SF/O/R). The Property as a whole and for this zoning classification is more particularlydescribed in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forthverbatim.

The development plans, standards, and uses for the Property in this PlannedDevelopment District shall conform to, and comply with 1) the statement of intent and purpose,attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto asExhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule,attached hereto as Exhibit “E”; 5) and the conceptual single family elevations, attached heretoas Exhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except asamended by this Ordinance, the development of the Property within this Planned DevelopmentDistrict must comply with the requirements of all ordinances, rules, and regulations of Prosper,as they currently exist or may be amended.

Three original, official and identical copies of the zoning exhibit map are hereby adoptedand shall be filed and maintained as follows:

a. Two (2) copies shall be filed with the Town Secretary and retained as originalrecords and shall not be changed in any matter.

b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation,issuing building permits, certificates of compliance and occupancy and enforcing thezoning ordinance. Reproduction for information purposes may from time-to-time bemade of the official zoning district map.

Written notice of any amendment to this District shall be sent to all owners of propertieswithin the District as well as all properties within two hundred feet (200’) of the District to beamended.

SECTION 3

No Vested Interest/Repeal. No developer or property owner shall acquire any vestedinterest in this Ordinance or in any other specific regulations contained herein. Any portion ofthis 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 tomake use of said premises in some manner other than as authorized by this Ordinance, and

Item 5f

8/12/2019 20140527 Tcp



shall be unlawful for any person, firm or corporation to construct on said premises any buildingthat 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 anyprovision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of amisdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two ThousandDollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute aseparate offense. The penal provisions imposed under this Ordinance shall not precludeProsper from filing suit to enjoin the violation. Prosper retains all legal rights and remediesavailable to it pursuant to local, state and federal law.

SECTION 6

Severability. Should any section, subsection, sentence, clause or phrase of thisOrdinance be declared unconstitutional or invalid by a court of competent jurisdiction, it isexpressly provided that any and all remaining portions of this Ordinance shall remain in full forceand effect. Prosper hereby declares that it would have passed this Ordinance, and eachsection, subsection, clause or phrase thereof irrespective of the fact that any one or moresections, 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 fullforce and effect, save and except as amended by this or any other Ordinance. All provisions ofany ordinance in conflict with this Ordinance are hereby repealed to the extent they are inconflict; but such repeal shall not abate any pending prosecution for violation of the repealedordinance, nor shall the appeal prevent a prosecution from being commenced for any violation ifoccurring 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 andpublications as required by law.

DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THETOWN OF PROSPER, TEXAS, ON THIS 27 TH DAY OF MAY, 2014.

______________________________Ray Smith, Mayor

ATTEST:

_________________________________Robyn Battle, Town Secretary

Item 5f

8/12/2019 20140527 Tcp



APPROVED AS TO FORM AND LEGALITY:

_________________________________Terrence S. Welch , Town Attorney

Item 5f

8/12/2019 20140527 Tcp


Submittal Documents in Support of

(subject to name change prior to final approval)

A Planned Development Dist rictin the

Town of Prosper, Texas

May 13, 2014

Item 5f

8/12/2019 20140527 Tcp


TABLE OF CONTENTS

Page

EXHIBIT “A” - Legal Descriptions 3

EXHIBIT “B” - Statement of Intent and Purpose 10

EXHIBIT “C” - Development Standards

1. Amenity Program 11

2. Single-Family Residential 16

3. Commercial/Retail 28

EXHIBIT “D” - Concept Plan 29

EXHIBIT “E” - Development Schedule 30

EXHIBIT “F” - Conceptual SF Elevations 31-35

Item 5f

8/12/2019 20140527 Tcp


3

EXHIBIT “ A”Legal Descriptions for StarTrail, Town of Prosper, Texas

Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


11

EXHIBIT “ C”Development Standards for StarTrail, Town of Prosper, Texas

Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except asotherwise set forth in these Development Standards, the regulations of the Town’sZoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance(as it currently exists or may be amended) shall apply.

I. Amenity Program

A. General . As a master planned community, Star Trail will have a programmed andqualitatively controlled system of amenities throughout. These amenities combine tocreate an overall sense of place that would be difficult to achieve when consideredas independent elements within smaller developments. The community amenitiesthat are addressed within these Development Standards are:

Primary Community Entries Secondary Community Entries Neighborhood Entries Thoroughfare Landscape Buffers Community Amenity Center Floodplain / Greenway Parks Neighborhood Parks Pocket Parks Hike and Bike Trails

B. Primary Community Entries1. Major points of entry into StarTrail (including at least one entry along Prosper

Trail, one along Legacy Drive and one off the DNT service road) will be definedwith a combination of monument signage, landscape and lighting to create asense of arrival commensurate in scale and character with a 800+ acre masterplanned community (see representative examples below). These entries willinclude:

Community name / logo incorporated into monumentsignage element, to be constructed of masonry or similarmaterial;

Enhanced landscape, including seasonal color, shrubs,groundcover, perennials and unique combinations of bothcanopy and ornamental trees;

Enhanced lighting on the monument / signage and theunique aspects of the landscape;

Water will be considered as an accent feature if land andtopography permit, and if compatible with the overallphysical design theme for the community.

Item 5f

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


13

incorporate village or neighborhood names and will contribute to a unique,community-wide system of visual “way finding.”

D. Thoroug hfare Landscape Buff ers (Arterial and Collector Roads) Thoroughfareswill provide a continuity of design from primary and secondary points of communityentry throughout the entirety of Star Trail. These thoroughfares and the adjacentlandscape buffers will be designed and constructed to meet the standards outlined inthe Town of Prosper Subdivision Ordinance.

E. Community Amenity Program

1. Villages of StarTrail Community Centers

A minimum of one Community Amenity Center shall be developed within theVillages of Star Trail, on the property east of Legacy Drive, providing a range ofmore active, family oriented activities in a ‘resort’ style environment (seerepresentative examples below). This facility will be private, designated for the

use of property owners and their guests. Maintenance of the Center will beprovided by a Homeowner’s Association (HOA). This facility will be centrallylocated along the main neighborhood road with linkage to the community’s trailsystem. This primary Community Amenity Center will be completed along withthe initial phase of residential development east of Legacy Drive and provide the“centerpiece” recreational amenity for the entire community .

One additional Neighborhood Amenity Center will be constructed when thevillages west of Legacy Drive are developed.

The intended Community Amenity Program shall include elements from thefollowing list:

Active adult and children’s pools; Paved and turf chaise areas; Community building, with interior and exterior spaces programmed

for resident and HOA uses, including possible inclusion of a kitchen,community room, meeting room(s), fitness room, and storagearea(s);

Restrooms (in the community building and possibly additionally at thepool area(s);

Covered picnic pavilion with grilling equipment; Convenience parking (quantity to be determined based upon code

compliance);

Children’s playground facility(s); Sport court(s); Trailhead linkages to the floodplain / greenway parks.

Item 5f

8/12/2019 20140527 Tcp


14

2. Open Space and Trails

Star Trail shall include a minimum of 70 acres of open, flood plain corridorsthrough the property. These areas will be enhanced with landscaping andcould potentially include additional water features, such as ponds andfountains that contribute to the overall storm drainage system and provideenhanced value to the community. All of these corridors shall beinterconnected with a series of paths and trails, with an overall hike / biketrail system throughout. Following are the key components of this system ofopen space through the community:

Master hike / bike trail – minimum 8’ in width – concrete or othermaterial approved by the Town – linking all neighborhoods,schools and amenities;

Secondary paths and trails – minimum 6’ in width – concrete or‘soft’ surface (decomposed granite, crushed fines) is permitted forHOA maintained trails– providing secondary linkages and ‘spur’connections to the hike / bike trail system ;

Native preservation areas in locations of most desirable existingvegetation;

Trailhead locations at community amenity sites. Ponds and water features in open areas where impacts to

existing vegetation will not be an issue and storm drainage

requirements can be enhanced.

Item 5f

8/12/2019 20140527 Tcp


15

3. Public Community Park and Neighborhood Parks

The Villages of Star Trail will include a minimum of 53.4 acres to bededicated for public use as a community park and neighborhood parks.

a. One approximately 30.9 acre site shall be dedicated to the Town for aCommunity Park. This park will allow for the construction of lightedsports fields at the discretion and expense of the Town of ProsperParks Department. This site shall be in the location as indicated onExhibit D, east of Legacy, south of the creek, on the north side ofFishtrap Road.

b. Three additional neighborhood parks, approximately 7.5 acres each,shall be dedicated to the Town of Prosper as a complementarycomponent of the Star Trail amenities program, includingconsideration of alternative uses, and the use of compatible materials(hardscape, landscape and, if included, lighting). These parks are tobe integrated within the open space system as well as the

neighborhoods that they serve. One neighborhood park will belocated west of Legacy and two will be located east of Legacy.

Neighborhood parks may include features and elements from thefollowing list of amenities;

Open play fields (non-lit); Sport courts; Covered pavilion or shade structure; Children’s playgrounds;

4. Private Open Space

Additional components of the StarTrail amenities program are “small, privateopen spaces” throughout the development. These areas will be HOAmaintained and allow for:

Item 5f

8/12/2019 20140527 Tcp


16

The provision of valuable open space in adjacency tohomes;

The insurance of one-quarter mile resident walks to acomponent of the open space system;

The creation of additional passive and moderately activerecreational opportunities, including:

open play areas; neighborhood playgrounds; small neighborhood gathering spaces.

II. Single-Family Residential Tracts

A. General Descr ip ti on : This property may develop, under the standards for SF-10 ascontained in the Town’s Zoning Ordinance as it exists or may be amended, as frontentry lot product subject to the specific provisions contained herein below. There willbe no alley-served lots within the property.

B. Density : The maximum number of single family detached dwelling units for this PDis 1,870. This equates to an overall gross density of 2.47 units per acre.

C. Lot Types : The single family detached lots developed within the Properties shall bein accordance with the following Lot Types:

Type A Lots : Minimum 6875 square foot lotsType B Lots: Minimum 8125 square foot lotsType C Lot s : Minimum 10260 square foot lotsType D Lots: Minimum 11610 square foot lots

D. Area and building regulations :

1. Type A Lots : The area and building standards for Type A Lots are asfollows and as set forth in Table 1:

(a) Minimum Lot Size . The minimum lot size for Type A Lots shall be sixthousand eight hundred seventy-five (6875) square feet. A typical lotwill be 55’ x 125’, but may vary as long as the requirements in Table 1are accommodated.

(b) Minimum Lot Width . The minimum lot width for Type A Lots shall befifty-five (55) feet, as measured at the front setback, except for lotslocated at the terminus of a cul-de-sac, curve or eyebrow which mayhave a minimum width of forty-five (45) feet at the front setback

provided all other requirements of this section are met.

(c) Minimum Yard Setbacks .

(1) Minimum Frontyard Setback : The minimum frontyardsetback for Type A Lots shall be twenty-five (25) feet.

(2) Minimum Sideyard Setback : The minimum sideyardsetback for Type A Lots shall be seven (7) feet.

Item 5f

8/12/2019 20140527 Tcp


17

(3) For corner lots , the minimum sideyard setback shall befifteen (15) feet.

(4) Minimum Rearyard Setback : The minimum rearyardsetback shall be twenty-five (25) feet.

(5) Permitted Encroachment . Architectural features andporches may encroach into required front and rear yardsup to five (5) feet. Swing-in garages may encroach intorequired front yards up to ten (10) feet. Front facinggarages are permitted to extend to the front façade of themain structure, but may not encroach into the requiredfront yard.

(d) Minimum Floor Space . Each one story dwelling constructed on aType A Lot shall contain a minimum of one thousand, eight hundred(1800) square feet of floor space; two story dwellings shall be aminimum of two thousand (2000) square feet. Floor space shall

include air-conditioned floor areas, exclusive of porches, garages,patios, terraces or breezeways attached to the main dwelling

(e) Height . The maximum height for structures on Type A Lots shall beforty (40) feet.

(f) Driveways . Driveways fronting on a street on Type A Lots shall beconstructed of any of the following materials: colored concrete, brickpavers, stone, interlocking pavers, stamped concrete, salt finishconcrete, concrete with stone or brick border OR any other treatmentas approved by the Director of Development Services.

No broom finish concrete driveways will be allowed.(g) Exterior Surfaces . The exterior facades of a main building or

structure, excluding glass windows and doors, shall be constructed ofone hundred (100) percent masonry. Cementatious fiber board isconsidered masonry, but may only constitute thirty (30) percent of thearea for stories other than the first story. However, cementatious fiberboard may not be used as a façade cladding material for portions ofupper stories that are in the same vertical plane as the first story.Cementatious fiber board may also be used for architectural features,including window box-outs, bay windows, roof dormers, garage doorheaders, columns, chimneys not part of an exterior wall, or other

architectural features approved by the Building Official.No cementatious fiber board or any other siding material will beallowed on any front elevation nor on any side/rear elevation which isvisible from an adjacent community street, common area, open space,park or perimeter.

(h) Windows . All window framing shall be bronzed, cream, sand or whiteanodized aluminum, vinyl or wood.

Item 5f

8/12/2019 20140527 Tcp


18

(i) Garages .

(1) Homes shall have a minimum of two (2) car garages butno more than three (3). No carports shall be permitted.

(2) Homes with three (3) garages shall not have more thantwo (2) garage doors facing the street.

(3) All garage doors shall incorporate three (3) of thefollowing details:

(a) Single garage doors separated by column (inplace of one double garage door)

(b) Cedar clad garage doors

(c) Cedar trim garage doors

(d) Carriage style doors with ornamental hardware(j) Plate Height . Each structure on a Type A Lot shall have a minimum

principal plate height of 9’ on the first floor.

(k) Fencing . Fences, walls and/or hedges on Type A Lots shall beconstructed to meet the following guidelines.

(1) All Type A Lots backing or siding to Open Space or parkland shall have a decorative metal fence, minimum 4 footin height, abutting said Open Space or park land.

(2) All other fencing shall be constructed of cedar, board-to-board with a top rail, and shall be supported withgalvanized steel posts, 8 foot OC. A common fence staincolor as well as fence detail shall be established for thecommunity by the developer.

(3) Corner lots adjacent to a street require 18” masonrycolumns be placed at 21 feet OC.

(4) No fencing shall extend beyond a point ten feet (10’)behind the front wall plane of the structure into the frontyard.

(l) Landscaping .

(1) Corner lots adjacent to a street require additional treesbe planted in the side yard @ 30 feet OC.

(2) The front, side and rear yard must be fully sodded withgrass and irrigated by an ET irrigation system.

Item 5f

8/12/2019 20140527 Tcp


19

(m) Acces so ry Str uc tu res . Accessory structures used as a garage, agarage apartment, or guest house, will not be allowed.

2. Type B Lot s : The area and building standards for Type B Lots are as followsand as set forth in Table 1:

(a) Minimum Lot Size . The minimum lot size for Type B Lots shall beeight thousand one hundred twenty five (8125) square feet. A typicallot will be 65’ x 125’, but may vary as long as the requirements inTable 1 are accommodated.

(b) Minimum Lot Width . The minimum lot width for Type B Lots shall besixty-five (65) feet as measured at the front setback, except for lotslocated at the terminus of a cul-de-sac, curve or eyebrow which mayhave a minimum width of fifty-five (55) feet at the front setbackprovided all other requirements of this section are met.


(1) Minimum Frontyard Setback : The minimum frontyardsetback for Type B Lots shall be twenty-five (25) feet.

(2) Minimum Sideyard Setback : The minimum sideyardsetback for Type B Lots shall be seven (7) feet. For cornerlots, the minimum sideyard setback shall be fifteen (15) feet.


(4) Permitted Encroachment . Architectural features and

porches may encroach into required front and rear yards upto five (5) feet. Swing-in garages may encroach intorequired front yards up to ten (10) feet. Front facing garagesare permitted to extend to the front façade of the mainstructure, but may not encroach into the required front yard.

(d) Minimum Floor Space . Each single story dwelling constructed on aType B Lot shall contain a minimum of two thousand three hundred(2300) square feet of floor space; two story dwellings shall contain aminimum of two thousand six hundred fifty (2650) square feet of floorspace. Floor space shall include air-conditioned floor areas, exclusiveof porches, garages, patios, terraces or breezeways attached to themain dwelling.

(e) Height. The maximum height for structures on Type B Lots shall beforty (40) feet.

(f) Driveways . Driveways fronting on a street on Type B Lots shall beconstructed of any of the following materials: colored concrete, brickpavers, stone, interlocking pavers, stamped concrete, salt finish

Item 5f

8/12/2019 20140527 Tcp


20

concrete, concrete with stone or brick border OR any other treatmentas approved by the Director of Development Services

No broom finish concrete driveways will be allowed.

(g) Exterior Surfaces . The exterior facades of a main building orstructure, excluding glass windows and doors, shall be constructed ofone hundred (100) percent masonry. Cementatious fiber board isconsidered masonry, but may only constitute thirty (30) percent of thearea for stories other than the first story. However, cementatious fiberboard may not be used as a façade cladding material for portions ofupper stories that are in the same vertical plane as the first story.Cementatious fiber board may also be used for architectural features,including window box-outs, bay windows, roof dormers, garage doorheaders, columns, chimneys not part of an exterior wall, or otherarchitectural features approved by the Building Official.

No cementatious fiber board or any other siding material will be

allowed on any front elevation nor on any side/rear elevation which isvisible from an adjacent community street, common area, open space,park or perimeter.


(i) Garages .

(1) Homes shall have a minimum of two (2) car garages but nomore than three (3). No carports shall be permitted.

(2) Homes with three (3) car garages shall not have more thantwo (2) garage doors facing the street.

(3) All garage doors shall incorporate three (3) of the followingdetails:

(a) Single garage doors separated by a column (inplace of one double garage door)



(d) Carriage style doors with ornamental hardware.

(j) Plate Height . Each structure on a Type B Lot shall have a minimumprincipal plate height of 9’ on the first floor.

(k) Fencing . Fences, walls and/or hedges on Type B lots shall beconstructed to meet the following guidelines.

Item 5f

8/12/2019 20140527 Tcp


21

(1) All Type B Lots backing or siding to Open Space or parkland shall have a decorative metal fence, minimum 4 foot inheight, abutting said open space or park land.

(2) All other fencing shall be constructed of cedar, board-to-board with a top rail, and shall be supported with galvanizedsteel posts, 8 foot OC. A common fence stain color as wellas fence detail shall be established for the community by thedeveloper.

(3) Corner lots adjacent to a street require 18” masonry columnsbe placed at 21 feet OC.

(4) No fencing shall extend beyond a point ten feet (10’) behindthe front wall plane of the structure into the front yard.

(l) Landscaping .

(1) Corner lots adjacent to a street require additional trees beplanted in the side yard @ 30 feet OC.

(2) The front, side and rear yard must be fully sodded with grassand irrigated by an ET irrigation system.

(m) Acces so ry Struc tu res . Accessory structures used as a garage, agarage apartment, a storage building or guest house, will not beallowed.

3. Type C Lot s : The area and building standards for Type C Lots are asfollows and as set forth in Table 1:

(a) Minimum Lot Size . The minimum lot size for Type C Lots shall beten thousand two hundred sixty (10260) square feet. A typical lot willbe 76’ x 135’, but may vary as long as the requirements of Tables 1and 2 are accommodated.

(b) Minimum Lot Width . The minimum lot width for Type C Lots shall beseventy-six (76) feet, as measured at the front setback, except for lotslocated at the terminus of a cul-de-sac, curve or eyebrow which may aminimum width of sixty-six (66) feet at the front setback provided allother requirements of this section are met.


(1) Minimum Frontyard Setback : The minimum frontyardsetback for Type C Lots shall be thirty (30) feet.

(2) Minimum Sideyard Setback : The minimum sideyardsetback for Type C Lots shall be eight (8) feet. For cornerlots, the minimum sideyard setback shall be fifteen (15) feet.

Item 5f

8/12/2019 20140527 Tcp


22


(4) Permitted Encroachment . Architectural features andporches may encroach into required front and rear yards upto five (5) feet. Swing-in garages may encroach intorequired front yards up to ten (10) feet. Front facing garagesare permitted to extend to the front façade of the mainstructure, but may not encroach into the required front yard.

(d) Minimum Floor Space . Each single story dwelling constructed on aType C Lot shall contain a minimum of two thousand five hundred(2500) square feet of floor space; each two story dwelling shallcontain a minimum of three thousand (3000) square feet of floorspace. Floor space shall include air-conditioned floor areas, exclusiveof porches, garages, patios, terraces or breezeways attached to themain dwelling

(e) Height . The maximum height for structures on Type C Lots shall beforty (40) feet.

(f) Driveways . Driveways fronting on a street on Type C Lots shall beconstructed of any of the following materials: colored concrete, brickpavers, stone, interlocking pavers, stamped concrete, salt finishconcrete, concrete with stone or brick border OR any other treatmentas approved by the Director of Development Services.


(g) Exterior Surfaces . The exterior facades of a main building or

structure, excluding glass windows and doors, shall be constructed ofone hundred (100) percent masonry. Cementatious fiber board isconsidered masonry, but may only constitute twenty (20) percent ofthe area for stories other than the first story. However, cementatiousfiber board may not be used as a façade cladding material for portionsof upper stories that are in the same vertical plane as the first story.Cementatious fiber board may also be used for architectural features,including window box-outs, bay windows, roof dormers, garage doorheaders, columns, chimneys not part of an exterior wall, or otherarchitectural features approved by the Building Official.

No cementatious fiber board or any other siding material will be

allowed on any front elevation nor on any side/rear elevation which isvisible from an adjacent community street, common area, open space,park or perimeter.


(i) Roofing . The main roof pitch of any structure shall have a minimumslope of 10” in 12”.

Item 5f

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


24

4. Type D Lot s : The area and building standards for Type D Lots are asfollows and as set forth in Table 1:

(a) Minimum Lot Size . The minimum lot size for Type D Lots shall beeleven thousand six hundred ten (11610) square feet. A typical lot willbe 86’ x 135’, but may vary as long as the requirements in Table 1 areaccommodated.

(b) Minimum Lot Width . The minimum lot width for Type D Lots shall beeighty-six (86) feet, as measured at the front setback, except for lotslocated at the terminus of a cul-de-sac, curve or eyebrow which mayhave a minimum width of seventy-six (76) feet at the front setbackprovided all other requirements of this section are met.


(1) Minimum Frontyard Setback : The minimum frontyardsetback for Type D Lots shall be thirty (30) feet.

(2) Minimum Sideyard Setback : The minimum sideyardsetback for Type D Lots shall be eight (8) feet. For cornerlots, the minimum sideyard setback shall be fifteen (15) feet.


(4) Permitted Encroachment . Architectural features andporches may encroach into required front and rear yards upto five (5) feet. Swing-in garages may encroach intorequired front yards up to ten (10) feet. Front facing garages

are permitted to extend to the front façade of the mainstructure, but may not encroach into the required front yard.

(d) Minimum Floor Space . Each single story dwelling constructed on aType D Lot shall contain a minimum of three thousand (3000) squarefeet of floor space; each two story dwelling constructed on a Type DLot shall contain a minimum of three thousand five hundred (3500)square feet of floor space. Floor space shall include air-conditionedfloor areas, exclusive of porches, garages, patios, terraces orbreezeways attached to the main dwelling

(e) Height . The maximum height for structures on Type D Lots shall beforty (40) feet.

(f) Driveways . Driveways fronting on a street on Type D Lots shall beconstructed of any of the following materials: colored concrete, brickpavers, stone, interlocking pavers, stamped concrete, salt finishconcrete, concrete with stone or brick border OR any other treatmentas approved by the Director of Development Services.


Item 5f

8/12/2019 20140527 Tcp


25

(g) Exterior Surfaces . The exterior facades of a main building orstructure, excluding glass windows and doors, shall be constructed ofone hundred (100) percent masonry. Cementatious fiber board isconsidered masonry, but may only constitute twenty (20) percent ofthe area for stories other than the first story. However, cementatiousfiber board may not be used as a façade cladding material for portionsof upper stories that are in the same vertical plane as the first story.Cementatious fiber board may also be used for architectural features,including window box-outs, bay windows, roof dormers, garage doorheaders, columns, chimneys not part of an exterior wall, or otherarchitectural features approved by the Building Official.

No cementatious fiber board or any other siding material will beallowed on any front elevation nor on any side/rear elevation which isvisible from an adjacent community street, common area, open space,park or perimeter.

(h) Windows . All window framing shall be bronzed, cream, sand or white

anodized aluminum, vinyl or wood.

(i) Roofing . The main roof pitch of any structure shall have a minimumslope of 10” in 12”.

(j) Garages .

(1) Homes shall have a minimum of two (2) car garages but nomore than four (4). No carports shall be permitted.

(2) Homes with three (3) or four (4) garages shall not have morethan two (2) garage doors facing the street.

(3) All garage doors shall incorporate three (3) of the followingdetails:

(a) Single garage doors separated by a column (in placeof one double garage door)



(d) Carriage style doors with ornamental hardware.

(k) Plate Height . Each structure on a Type D Lot shall have a minimumprincipal plate height of 10’ on the first floor.

(l) Fencing . Fences, walls and/or hedges on Type D lots shall beconstructed to meet the following guidelines.

Item 5f

8/12/2019 20140527 Tcp


26

(1) All Type D Lots backing or siding to Open Space or parkland shall have a decorative metal fence, minimum 4 foot inheight, abutting said open space.

(2) All other fencing shall be constructed of cedar, board-to-board with a top rail, and shall be supported with galvanizedsteel posts, 8 foot OC. A common fence stain color as wellas fence detail shall be established for the community by thedeveloper.

(3) Corner lots adjacent to a street require 18” masonry columnsbe placed at 21 feet OC.

(4) No fencing shall extend beyond a point fifteen feet (15’)behind the front wall plane of the structure into the front yard.

(m) Landscaping .

(1) Corner lots adjacent to a street require additional trees beplanted in the side yard @ 30 feet OC.

(2) The front, side and rear yard must be fully sodded with grassand irrigated by an ET irrigation system.

(n) Acces so ry Str uc tu res . Accessory structures used as a garage, agarage apartment, storage or guest house will not be allowed.

Item 5f

8/12/2019 20140527 Tcp


27

1870 Single Family Homes*

*The maximum total number of lots allowed per this ordinance is 1870; west ofLegacy, the maximum number of lots allowed per this ordinance is 750; eastof Legacy, the maximum number of lots allowed per this ordinance is 1120.

**Any unused “number of lots” from the Type A category may be added to theType B category so as to increase the number of Type B lots with no increasein the overall PD density of 1870 lots.

TABLE 1Lot Type A Lot Type B Lot Type C Lot Type D

Min. permitted lotsizes

6875 sq. ft. 8125 sq. ft. 10260 sq. ft. 11610 sq. ft.

Min. permittednumber of lots

No minimum. No minimum. 231 143

Max. permittednumber of lots

709** 784** No maximum. No maximum.

Min. Front Yard 25 ft. 25 ft. 30 ft. 30 ft.

Min. Side Yard

Corner Lot

7 ft.

15 ft.

7 ft.

15 ft.

8 ft.

15 ft.

8 ft.

15 ft.

Min. Rear Yard 25 ft. 25 ft. 25 ft. 25 ft.

Max. buildingHeight

40 ft. 40 ft. 40 ft. 40 ft.

Max. Lot Coverage 55% 50% 45% 45%

Min. Lot Width 55 ft. 65 ft. 76 ft. 86 ft.

Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft.

Min. Dwelling Area 1800 sq. ft. singlestory

2000 sq. ft. twostory

2300 sq. ft. singlestory


2500 sq. ft. singlestory


3,000 sq. ft. singlestory


Item 5f

8/12/2019 20140527 Tcp


28

III. Retail Tracts

A. General Descri ption : The areas identified as Retail Tracts will provide theability to encourage and to accommodate the development of office and retailservice centers within growth corridors located along the North Dallas Tollwayextension. The property within these areas may develop under the standards forRetail and Office districts as contained within the Town of Prosper ZoningOrdinance as it exists or may be amended, subject to the specific provisionscontained herein below.

B. Permit ted Uses : In addition to those permitted uses as allowed per the Retailand Office districts of the Town of Prosper Zoning Ordinance, the following usesshall be permitted in the retail areas indicated on Exhibit “D”:

1. Hotels2. Auto Sales/Leasing and Service S

C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1.

D. Building Heights : The permitted height of all buildings within the retail areas ofthe Planned Development District shall be as follows:

a. The allowed height for Hotels, Office buildings and Hospitals located withinthe retail tracts shall be eight (8) stories, not greater than one hundred (100)feet. All other uses shall be limited to two (2) stories, not greater than forty(40) feet.

b. Non-residential buildings located within one hundred fifty feet (150’) of asingle-family zoned area shall be limited to a maximum height of two (2)stories.

c. Non-residential buildings, which exceed two (2) stories in height, shall be

required to have additional setbacks from single-family zoned areas. Theseadditional setbacks will require one foot (1’) of setback, beyond theaforementioned one hundred fifty feet (150’), for each additional foot ofbuilding height above two (2) stories.

E. Lot Area : The minimum area of any lot shall be ten thousand (10,000) squarefeet.

F. Lot Width : The minimum width of any lot shall be one hundred feet (100’).

G. Lot Depth : The minimum depth of any lot shall be one hundred (100’).

H. Lot Coverage : In no case shall more than fifty percent (50%) of the total lot areabe covered by the combined area of the main buildings. Parking structures andsurface parking facilities shall be excluded from the coverage computations.

Item 5f

8/12/2019 20140527 Tcp


29

Exhibit D

Concept Plan

Item 5f

8/12/2019 20140527 Tcp


Item 5f

8/12/2019 20140527 Tcp


30

Exhibit E

Development Schedule

Barring any unforeseen changes in the current market or economic conditions it is

currently anticipated that the development of StarTrail will begin immediately uponapproval and adoption of this zoning ordinance. The initial phase of residentialdevelopment would be completed within approximately twelve months followingordinance adoption. The following phases of construction will be largely dependentupon market demand however, it is currently anticipated that additional residentialphases will be completed at approximate twelve month intervals. Under this scenariothe residential portion of this development could be completed within twelve to fifteenyears following approval of the zoning ordinance.

The commercial portion of the project will also be dependent upon market conditions aswell as additional development throughout the area including the construction of theDallas North Tollway. It is expected that some initial commercial projects will becompleted within the next ten years however, full build-out of the commercial sites maynot occur for 15 years or more.

There are numerous factors that may have additional impacts upon the developmentschedule that are beyond the control of the developer. Among these are housing andcommercial market conditions, economic and financial conditions, constructionmaterials and labor availability, acts of nature and other similar conditions.

Item 5f

8/12/2019 20140527 Tcp


31

Exhibit F -

CONCEPTUAL SINGLE FAMILY ELEVATIONS - The elevations on the followingpages are artis ts’ concepts, the following elevations shall be representative of thearchitectural style, color , and material selections for the single family dwellings in

Star Trail.

55 Ft. Lot Product -

Item 5f

8/12/2019 20140527 Tcp


32

65 Ft. Lot Produc t -

Item 5f

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


35

86 Ft. Lot Produc t (con t’d.) -

Item 5f

8/12/2019 20140527 Tcp


Page 1 of 2





Agenda Item:

Consider and act upon an Ordinance rezoning 621.1± acres, located on the northeast andnorthwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2),Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and SingleFamily-15 (SF-15) to Planned Development-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C). (Z09-0013).

Description of Agenda Item: On May 13, 2014, the Town Council approved zoning case Z09-0013, by a vote of 6-1 subjectto the following conditions:

1. The conceptual elevations or photographs contained in the proposed Planned DevelopmentOrdinance shall contain the following language: The following elevations (or photographs, where

appropriate) shall be representative of the architectural style, color and material selectionsdepicted therein.

2. Maximum Number of Apartments and Townhomes; Location. Apartments shall not exceed600 units and town homes shall not exceed 150 units. Apartments shall be constructed in (i)that portion of subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane,north of the Lifestyle Center and west of the proposed north-south greenbelt, (ii) the areabordered on the north by Lovers Lane, on the east by Coleman Street, on the south by theLifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) thatportion of subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane andwest of the proposed north-south greenbelt. Town homes may be constructed in (i) thesame locations as the apartments referenced herein, (ii) adjacent to First Street in subdistrict3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposednorth-south greenbelt.

3. Timing Requirements for Multifamily and Townhome Construction. Upon the issuance bythe Town of tenant certificates of occupancy for at least 300,000 square feet of retaildevelopment on the property, the developer may construct up to 300 multifamily units and150 townhome units. Upon the issuance by the Town of tenant certificates of occupancy forat least a total of 600,000 square feet of retail development on the property, the developermay construct up to an additional 300 multifamily units.


PLANNING

Item 5g

8/12/2019 20140527 Tcp


Page 2 of 2

4. For nonresidential buildings in any subdistrict, a minimum of twenty-five percent (25%) of thefront façade and any side façades shall be natural or manufactured stone. A minimum oftwenty percent (20%) of the rear façade of any building along U.S. Highway 380 shall benatural or manufactured stone; all other rear façades facing a public right-of-way shall be aminimum of ten percent (10%) natural or manufactured stone unless a landscape screenconsisting of a double row of evergreen canopy trees is provided along said right-of-way.

5. Townhomes and multifamily units shall be constructed of a minimum of twenty percent(20%) natural or manufactured stone or integral color split-faced block. Stucco shall only bepermitted on the second floor of a townhome unit or higher, or the third floor of a multifamilybuilding or higher.

6. I further move to direct Town staff to review whether that portion of Lovers Lane betweenU.S. Highway 380 and Preston Road adjacent to the Willow Ridge residential developmentshall be designated by the Town as a “no through truck” route. In the event that a futuretraffic impact study indicates that this section of Lovers Lane should be a two-lane collector,the developer shall proportionately increase its landscape buffers along that section ofLovers Lane. I additionally move to direct Town staff to review alternate medianlandscaping for this portion of roadway.

Town staff has prepared an ordinance rezoning the property.

Legal Obligations and Review:Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approvinga zoning request and adopting an ordinance rezoning property. A public hearing has been heldand the Town Council approved the zoning case. The attached ordinance is a standard formatthat was previously approved by the Town Attorney, Terrence Welch.


Town Staff Recommendation:Town staff recommends the Town Council adopt an ordinance rezoning 621.1± acres, locatedon the northeast and northwest corners of U.S. 380 and Preston Road, from PlannedDevelopment-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13),

Agricultural (A), and Single Family-15 (SF-15) to Planned Development-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C).

Proposed Motion:I move to adopt an ordinance rezoning 621.1± acres, located on the northeast and northwestcorners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), PlannedDevelopment-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family-

15 (SF-15) to Planned Development-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C).

Item 5g

8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__

AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20,ORDINANCE NO. 00-03, ORDINANCE NO. 00-09, AND ORDINANCE NO. 04-47; REZONING A TRACT OF LAND CONSISTING OF 621.07 ACRES, MOREOR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,

ABSTRACT NO. 147, B. RENISON SURVEY, ABSTRACT NO. 755, AND J.YARNALL SURVEY, ABSTRACT NO. 1038, IN THE TOWN OF PROSPER,COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNEDDEVELOPMENT-2 (PD-2), PLANNED DEVELOPMENT-3 (PD-3), PLANNEDDEVELOPMENT-13 (PD-13), AGRICULTURAL (A), AND SINGLE FAMILY-15(SF-15) IS HEREBY REZONED AND PLACED IN THE ZONINGCLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE FAMILY-10/TOWNHOME/MULTIFAMILY/OFFICE/RETAIL/COMMERCIAL (PD-SF-10/TH/MF/O/R/C); DESCRIBING THE TRACT TO BE REZONED; PROVIDINGFOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDINGFOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDINGFOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FORTHE PUBLICATION OF THE CAPTION HEREOF.

WHEREAS , the Town Council of the Town of Prosper, Texas (the “Town Council”) hasinvestigated and determined that Zoning Ordinance No. 05-20, Ordinance No. 00-03, OrdinanceNo. 00-09, and Ordinance No. 04-47 should be amended; and

WHEREAS , the Town of Prosper, Texas (“Prosper”) has received a request from BlueStar Allen Land, LP and 183 Land Corporation, Inc. (“Applicant”) to rezone 621.07 acres of land,more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. RenisonSurvey, Abstract No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper,Collin County, Texas; and

WHEREAS , the Town Council has investigated into and determined that the factscontained in the request are true and correct; and

WHEREAS , all legal notices required for rezoning have been given in the manner andform set forth by law, and public hearings have been held on the proposed rezoning and allother 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 beadvantageous and beneficial to Prosper and its inhabitants to rezone this property as set forthbelow.

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 thisOrdinance as if fully set forth herein.

Item 5g

8/12/2019 20140527 Tcp



SECTION 2

Amendments to Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 00-09, and Ordinance No. 04-47. Zoning Ordinance No. 05-20, Ordinance No. 00-03, OrdinanceNo. 00-09, and Ordinance No. 04-47 is amended as follows: The zoning designation of theproperty containing 621.07 acres of land, more or less, situated in the Collin County SchoolLand Survey, Abstract No. 147, B. Renison Survey, Abstract No. 755, and J. Yarnall Survey,

Abstract No. 1038 in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as PlannedDevelopment-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C). The Property as a whole and for this zoning classification is more particularlydescribed in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forthverbatim.

The development plans, standards, and uses for the Property in this PlannedDevelopment District shall conform to, and comply with 1) the statement of intent and purpose,attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto asExhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule,attached hereto as Exhibit “E”; 5) and the supplemental design guidelines, attached hereto asExhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except asamended by this Ordinance, the development of the Property within this Planned DevelopmentDistrict must comply with the requirements of all ordinances, rules, and regulations of Prosper,as they currently exist or may be amended.

Three original, official and identical copies of the zoning exhibit map are hereby adoptedand shall be filed and maintained as follows:

a. Two (2) copies shall be filed with the Town Secretary and retained as originalrecords and shall not be changed in any matter.

b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation,issuing building permits, certificates of compliance and occupancy and enforcing thezoning ordinance. Reproduction for information purposes may from time-to-time bemade of the official zoning district map.

Written notice of any amendment to this District shall be sent to all owners of propertieswithin the District as well as all properties within two hundred feet (200’) of the District to beamended.

SECTION 3

No Vested Interest/Repeal. No developer or property owner shall acquire any vestedinterest in this Ordinance or in any other specific regulations contained herein. Any portion ofthis 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 tomake use of said premises in some manner other than as authorized by this Ordinance, and

Item 5g

8/12/2019 20140527 Tcp



shall be unlawful for any person, firm or corporation to construct on said premises any buildingthat 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 anyprovision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of amisdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two ThousandDollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute aseparate offense. The penal provisions imposed under this Ordinance shall not precludeProsper from filing suit to enjoin the violation. Prosper retains all legal rights and remediesavailable to it pursuant to local, state and federal law.

SECTION 6

Severability. Should any section, subsection, sentence, clause or phrase of thisOrdinance be declared unconstitutional or invalid by a court of competent jurisdiction, it isexpressly provided that any and all remaining portions of this Ordinance shall remain in full forceand effect. Prosper hereby declares that it would have passed this Ordinance, and eachsection, subsection, clause or phrase thereof irrespective of the fact that any one or moresections, 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 fullforce and effect, save and except as amended by this or any other Ordinance. All provisions ofany ordinance in conflict with this Ordinance are hereby repealed to the extent they are inconflict; but such repeal shall not abate any pending prosecution for violation of the repealedordinance, nor shall the appeal prevent a prosecution from being commenced for any violation ifoccurring 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 andpublications as required by law.

DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THETOWN OF PROSPER, TEXAS, ON THIS 27 TH DAY OF MAY, 2014.

______________________________Ray Smith, Mayor

ATTEST:

_________________________________Robyn Battle, Town Secretary

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


K:\FRI_Civil\68109005-Gates Zoning\MK Files from Dallas\Planning\PD Ordinance\Gates of Prosper PD Ord_7th Mark-Ups.doc

Gates of ProsperPlanned Development Ordinanc

September 2009 (Original Submittal)

Resubmittal June 2011Resubmittal November 2013

Resubmittal February 2014

Resubmittal March 2014

Resubmittal April 2014

Resubmittal May 2014

Item 5g

8/12/2019 20140527 Tcp


Planned Development No. ____ P a g e | ii May 2014

Town CouncilRay Smith, Mayor

Meigs Miller, Mayor Pro-Tem, Place 4Kenneth Dugger, Deputy Mayor Pro-Tem, Place 2

Michael Korbuly, Place 1 Curry Vogelsang Jr., Place 3Danny Wilson, Place 5 Jason Dixon, Place 6

Plann in g and Zoning CommissionMark DeMattia, Chair

Mike McClung, Vice ChairRick Turner, Secretary

Craig Moody Bruce CarlinBill Senkel Chris Keith

Town StaffHarlan Jefferson, Town Manager

Hulon T. Webb, Jr., P.E., Executive Director of Development & Community ServicesChris Copple, AICP, Director of Development Services

ConsultantsO’Brien & Associates Architecture Kimley-Horn and Associates, Inc.

Item 5g

8/12/2019 20140527 Tcp


Planned Development No. ____ P a g e | iii May 2014

TABLE OF CONTENTS

PROJECT FOUNDATION...........................................................................................................1

Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1

ZONING REGULATIONS ...........................................................................................................2

Exhibit A — Zoning Exhibit & Legal Description ......................................................................................... 2

Exhibit B — Statement of Intent and Purpose ................................................................................................ 5

Exhibit C — Planned Development Standards ............................................................................................... 6

Planned Development General Provisions ............................................................................................ 7

Subdistrict 1 — Regional Retail ............................................................................................................... 8

Subdistrict 2 — Lifestyle Center ............................................................................................................. 13

Subdistrict 3 — Downtown Center ......................................................................................................... 24Subdistrict 4 — Residential Neighborhood ............................................................................................ 31

General Requirements .......................................................................................................................... 34

Permitted Use Matrix ........................................................................................................................... 40

Infrastructure Design Standards .......................................................................................................... 50

Definitions ............................................................................................................................................ 51

Exhibit E — Development Schedule ............................................................................................................ 53

Exhibit F — Supplemental Design Guidelines ............................................................................................. 55

Design Principles ................................................................................................................................. 56Site Design ............................................................................................................................................ 57

Building Design .................................................................................................................................... 58

Public Realm Design ............................................................................................................................ 60

Urban Residential Development Guidelines ........................................................................................ 61

APPENDICES

Appendix A — Zoning Exhibit & Legal Description (Exhibit “A”)

Appendix B — Conceptual Development Plan (Exhibit “D”)

Item 5g

8/12/2019 20140527 Tcp


Planned Development No. ____ P a g e | 1 May 2014

RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN

Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts areestablished in accordance with an adopted Comprehensive Plan. The proposed Planned Development

being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’sComprehensive Plan.

The proposed PD mirrors the specifications and intent of the Town Center District, as defined in theComprehensive Plan, providing for mixed uses as well as retail and commercial development. Itspecifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which willlead to a more diverse tax base. It will be an environment which encourages a desired lifestyle forresidents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading intothe Town’s Old Town District.

Item 5g

8/12/2019 20140527 Tcp



EXHIBIT “A”

ZONING EXHIBIT & LEGAL DESCRIPTION

The Zoning Exhibit and legal description of the area within the proposed Planned Development isincluded in Appendix ‘A’ as Exhibit ‘A’.

{This space intentionally left blank}

Item 5g

8/12/2019 20140527 Tcp



LEGAL DESCRIPTION621.07 ACRES

BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY

SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and theJOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being allof the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, allof the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recordedin Collin County Clerk’s File No. 97 -0005168 of the Land Records of Collin County, Texas and being

part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of landdescribed in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the OfficialPublic Records of Collin County, Texas and being more particularly described as follows;

BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW)and the centerline of the Burlington Northern Railroad (100’ ROW at this point);

THENCE with said centerline of the Burlington Northern Railroad, North 11º 23’13” East, a distance of2716.96 feet to a point for corner;

THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distancestwo wit:South 89º15’40” West, a distance of 123.47 feet to a point for corner;

North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street;

THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner;

North 89º38’54” East, a distance of 454.43 feet to a point for corner;

THENCE leaving said centerline, the following courses and distances to wit:South 00º45’07” West, a distance of 313.06 feet to a point for corner;

North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said FirstStreet;

THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a pointfor corner;

THENCE leaving said centerline, the following courses and distances to wit:

South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East , a distance of 455.63 feet to a point for corner in the centerline of ColemanStreet;

THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner;

Item 5g

8/12/2019 20140527 Tcp



THENCE leaving said centerline, the following courses and distances to wit:South 89º 56’58” East, a distance of 257.38 feet to a point for corner;

North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner;

South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a po int for corner in the centerline of CraigRoad;

THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feetto a point for corner;

THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First

Street;

THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.9 5 feet to a pointfor corner;

THENCE leaving the centerline of said First Street, the following courses and distances to wit:South 01º02’13” East, a distance of 1546.12 feet to a point for corner;South 89º20’50” West, a distance of 899.18 feet to a poi nt for corner;South 32º50’09” West, a distance of 339.04 feet to a point for corner;

North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right -of-way line ofPreston Road (State Highway 289 – variable width ROW);THENCE with said east right-of- way line, South 33º37’47” West, a distance of 423.21 feet to a point for

corner;

THENCE leaving said east right-of-way lien, he following courses and distances to wit:South 54º19’15” East, a distance of 408.23 feet to a point for corn er;South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S.Highway 380;

THENCE with said centerline, the following courses and distances to wit:South 89º12’47” West, a distance of 2794.95 feet to a point for corner;South 89º46’43” West. a distance of 2671.91 feet to the PO INT OF BEGINNING and containing621.07 acres of land.

Item 5g

8/12/2019 20140527 Tcp



EXHIBIT “B”

PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE

The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integratedSubdistricts. This will be accomplished through the incorporation of the Planned Development Standardsand Design Guidelines contained in Exhibits C and F, respectively. Although the Planned DevelopmentStandards provide criteria for development within each distinct Subdistrict, the Standards are formulatedin such a manner as to allow each Subdistrict to develop as one integral part of the collective PlannedDevelopment.

The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functionaland aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficientvehicular circulation internal to the site as well as to connect to the existing thoroughfare system externalto the development. Furthermore, focal points and terminuses have been provided within the

thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design.Pedestrian scale design elements will also be incorporated into the site design in order to foster highquality street and sidewalk environments.

An essential element to the overall site is the incorporation of an open space system to provide for bothactive and passive recreational opportunities. The open space system will consist of landscape andhardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of thedevelopment. These elements within the proposed development will be ultimately located so as to

provide recreational opportunities within convenient proximity to as many users as possible.

The standards contained within this Planned Development District will help to achieve the vision for theoverall development. These standards have been formulated so as to provide specificity where necessaryand provide flexibility to allow for creative design.


Item 5g

8/12/2019 20140527 Tcp



EXHIBIT “ C ” Planned development standards

Item 5g

8/12/2019 20140527 Tcp



1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS

1.1 GENERAL

The purpose of the proposed Planned Development District is to accommodate a mix of office,retail, personal service, residential and community activities to serve the needs of the newresidents as well as the existing residents in the general area. Terms used in this ordinance shallhave the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), ineffect at the time of adoption of this Planned Development Ordinance, unless otherwise definedherein.

1.2 SUBDISTRICTS DEFINED

1.3.1 Subdistr ict 1 — Regional Retail. Subdistrict 1, as depicted on the ConceptualDevelopment Plan (Exhibit D) shall serve the purpose of providing for the needs of thecommunity by facilitating the development of regional-serving retail, personal service,and office uses.

1.3.2 Subdistr ict 2 — Lifestyle Center. Subdistrict 2, as depicted on the ConceptualDevelopment Plan (Exhibit D) shall serve the purpose of providing a compact,neighborhood and pedestrian scale mixture of office, retail, personal service, residentialand community activities on single or contiguous building sites.

1.3.3 Subdistr ict 3 — Downtown Center. Subdistrict 3, as depicted on the ConceptualDevelopment Plan (Exhibit D) shall serve the purpose of providing an active living andworking community benefiting and enhancing the existing downtown area located on thenorth side of First Street.

1.3.4 Subdistr ict 4 — Residenti al Neighborhood. Subdistrict 4, as depicted on the Conceptual

Development Plan (Exhibit D) shall serve the purpose of providing a planned residentialcommunity to serve the needs of the Town by facilitating a range of housingopportunities (e.g., Single-family detached).

Item 5g

8/12/2019 20140527 Tcp



2.0 subdistrict 1 — regional retail

2.1 GENERAL PURPOSE AND DESCRIPTION

The Regional Retail Subdistrict will serve the purpose of providing for the needs of thecommunity by facilitating the development of regional-serving retail, personal service, and officeuses. The development standards included in this Subdistrict are generally consistent with theRetail, Commercial and Office zoning districts in the existing Town of Prosper ZoningOrdinance. The Design Guidelines and architectural standards are intended to define the designtheme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be

permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict.

2.2 SITE CRITERIA

2.2.1 Proper ty Development Regul ations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2.

Table 2-1. Size of YardsLand Use ) Front Side Corner RearRetail 30 ft. (2) 30 ft. (2)

Commercial 30 ft. (2) 30 ft. (2)

Office 30 ft. (2) 30 ft. (2)Notes

1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and MixedUse Land Uses.

2. Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40feet for a one story building and 60 feet for a two story building adjacent to a residentialdistrict. Setback may be eliminated for attached buildings.

Table 2-2. Size of L ots and Lot Coverage

Land Use (1) MinimumLot Area

MinimumLot Width

MinimumLot

Depth (2)

MaximumLot

CoverageMaximum

FARRetail 10,000 sq. ft. 100 ft. 100 ft. 40% (3) 0.4:1.0

Commercial 10,000 sq. ft. 100 ft. 100 ft. 50% (3) 0.5:1.0

Office 7,000 sq. ft. 70 ft. 100 ft. 50% (3) 1.5:1.0Notes


2. Mutual access agreements may be allowed to satisfy legal frontage requirements for

individual lots which do not have legal frontage requirements along a public right of waywith Town staff approval (Director of Development Services).

3. Includes main buildings. Parking structures and surface parking facilities shall beexcluded from the coverage computations.

2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertainingto parking standards.

Item 5g

8/12/2019 20140527 Tcp



2.3 BUILDING CRITERIA

2.3.1 M aximum Building Height. All structures in Subdistrict 1 shall conform to the buildingheight requirements set forth in Table 2-3 below. Building height shall be measured tothe highest point of a roof surface.

Table 2-3. M aximum Bui lding H eightBuilding Type Height (1) # Stories

Non-Residential 40 ft. 2Notes

1. Non-habitable elements integral to the design of buildings shall be allowed to exceed theheight limit in accordance with Ordinance Chapter 4 Section 9.5.

2.3.2 M aximum Bui lding L ength. There shall be no maximum length for buildings locatedwithin Subdistrict 1. However, all buildings shall be required to conform to the BuildingArticulation standards set forth in the Town ’s zoning ordinance .

2.3.3 Bui ldi ng M ateri als. Exterior materials used in the construction of buildings shall complywith the following standards.

a. All building façade’s shall be architecturallyfinished with 100% masonry with an allowance forup to 10% secondary materials. Masonry finishesinclude clay fired brick, natural and manufacturedstone, cast stone, granite, marble, architecturalconcrete block, textured and painted concrete tilt-wall. Textured and painted concrete tilt-wall shall

be limited to 50% on the front façade and 75% onthe side façades. Windows, doors and accent

materials shall be excluded from the façade area forthe purposes of calculating percentages.

b. No single material shall exceed more than eighty (80) percent of an elevation area. Aminimum of twenty-five (25) percent of the front and side façades shall be natural ormanufactured stone. A minimum of twenty (20) percent of the rear façade of any

building along U.S. Highway 380 shall be natural or manufactured stone; all otherrear facades facing a public right-of-way shall be a minimum of ten (10) percentnatural or manufactured stone unless a landscape screen consisting of a double row ofevergreen canopy trees is provided along said right-of-way.

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


Planned Development No. ____ P a g e | 1 1 May 2014

exterior façade of the parking structure if visible from the street, shall incorporate similardesign elements and finishes as the surrounding buildings in order to minimize the visualimpact and shall be designed to minimize visibility from the street.

Parking structures should be oriented in a manner to avoid a general site line from theintersection of Preston/US 380 unless otherwise approved by the Town.

2.4 PERMITTED USES

2.4.1 General. The following general conditions shall apply to Subdistrict 1.

a. Big Box uses are permitted by right within Subdistrict 1.

2.4.2 Permi tted Use M atri x. The permitted uses within Subdistrict 1 shall be in accordancewith the Permitted Use Matrix in Section 6.6 of this Ordinance.

2.5 CONCEPTUAL RENDERINGThe following conceptual renderings shall be representative of the architectural style, color andmaterial selections depicted therein.

Item 5g

8/12/2019 20140527 Tcp



Item 5g

8/12/2019 20140527 Tcp



3.0 subdistrict 2 — LIFESTYLE center


The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities onsingle or contiguous building sites. The development standards for non-residential and mixed-usedevelopment included in this Subdistrict are generally consistent with the Retail and Officezoning districts in the existing Town of Prosper Zoning Ordinance, while the developmentstandards for residential development are generally consistent with the Townhome andMultifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The DesignGuidelines and architectural standards are intended to define the “Town Center” design theme forthis Subdistrict by providing opportunities for mixed-use development that includes both verticaland/or horizontal integration. Urban design elements will be incorporated into the construction ofthe multifamily developments within this project. Buildings will be designed to provide activestreet-fronts that encourage pedestrian activity. The buildings will be arranged such that theviewing of any surface, and/or structured parking is minimal from the surrounding public streets.These developments will be amenitized with carefully arranged, high-quality open spaces to

provide a maximum number of premium units while also providing a high level of connectivity tothe overall development. The provision of centrally located open space elements coupled withthe proposed development standards will allow for a pedestrian-friendly community. Thislifestyle center is intended to be unique in nature to create an image which will encourage aregional draw from throughout the Metroplex. It may also include entertainment type uses aswell as Big Box users which would attract patrons from other Cities in and around the Metroplex.

3.2 SITE CRITERIA

3.2.1 Proper ty Development Regul ations. The proposed land uses and housing types shallconform to the property development regulations in this Section. The proposed land useswithin Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. Inaddition, where Urban Standards are utilized, these standards shall apply to an entire

block length so as not to disrupt the continuity of the streetscape.

Table 3-1. Size of Yards

Land Use/Housing Type (1) Minimum

Front (5) Minimum

SideMinimumCorner (5)

MinimumRear

Retail 5 ft. (2) 5 ft. (2)


Office 5 ft. (2) 5 ft. (2)

Mixed Use 5 ft. (2) 5 ft. (2)

Townhome (3) 5 ft. 5 ft. (4) 5 ft. 20 ft.

Multifamily, Urban Living 5 ft. (2,4) 5 ft. (2)Notes


2. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of25 feet adjacent to a residential district. Setback may be eliminated for attached

buildings.3. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys4. A minimum building separation of 15 feet is required between buildings. Zero feet

Item 5g

8/12/2019 20140527 Tcp



between individual attached units.5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided

within public ROW and/or easements of the adjacent roadways upon approval by Townstaff.

Table 3-2. Size of L ots and Lot Coverage — Non-Residential & M ix ed Use


MinimumLot Width

MinimumLot

Depth

MaximumLot

CoverageMaximum



Office 7,000 sq. ft. 70 ft. 100 ft. 90% (2) 5.0:1.0

Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100% (2) 5.0:1.0Notes


2. Includes main buildings. Parking structures and surface parking facilities shall beexcluded from the coverage computations. Open space requirements can be accountedfor as per section 6.2.2.

Table 3-3. Size of Lots and L ot Coverage — Residential

Housing TypeMinimumLot Area

MinimumLot Width

MinimumLot

Depth

MaximumLot

CoverageMaximum

DensityTownhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/acMultifamily, UrbanLiving (2)

10,000 sq. ft. 80 ft. 100 ft. 90% (1) N/A

Notes

1. Includes main building, accessory buildings and structured parking facilities.2. Minimum density requirement of 24 du/ac (net) excluding mixed-use vertical structures

which combine retail, office, etc. with residential units.

3.2.2 M ini mum Dwell ing Ar ea.

a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum2 story.

b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 squarefeet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall providean additional 150 square feet per bedroom.

3.2.3 M aximum Residential Dwelli ng Un its. The maximum number of multi-familyresidential dwelling units allowed within Sudistrict 2 shall be 600 units. However, themaximum allowed number of multifamily units in this subdistrict shall be reduced by thenumber of multifamily dwelling units constructed in any other subdistrict, such that themaximum allowable number of multifamily units for this Planned Development Districtdoes not exceed 600 units. The maximum number of townhome dwelling units allowedwithin Sudistrict 2 shall be 150 units. However, the maximum allowed number oftownhome units in this subdistrict shall be reduced by the number of townhome units

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



otherwise approved by the Town.6. The minimum height of a townhome is 2 stories.

3.3.2 M aximum Bui lding L ength. There shall be no maximum length for buildings located

within Subdistrict 2. However, all buildings shall be required to conform to the BuildingArticulation standards set forth in Section 3.3.7.


a. Non-Residential and Multifamily building types shall comply with the followingstandards:

1. All building façade’s shall bearchitecturally finished with 100%masonry with an allowance for up to 10%secondary materials. Masonry finishesinclude clay fired brick, natural andmanufactured stone, cast stone, granite,marble, architectural concrete block, andtextured and painted concrete tilt-wall(non-residential building types only).Stucco may be used on areas of facadesthat are at least nine (9) feet above grade on non-residential buildings and onthe third floor and above for multifamily buildings. Textured and paintedconcrete tiltwall shall be limited to 50% on the front façade and 75% on theside façades. Windows, doors, porches, gables, balconies and accentmaterials shall be excluded from the façade area for the purposes ofcalculating primary building materials.

2. The front and side facades of all multifamily buildings shall be finished witha minimum twenty (20) percent natural or manufactured stone or integralcolor split-faced block.

Item 5g

8/12/2019 20140527 Tcp



3. The front and side facades of all non-residential buildings shall be finishedwith a minimum of twenty-five (25) percent natural or manufactured stone.

4. A minimum of twenty (20) percent of the rear façade of any building alongU.S. Highway 380 shall be natural or manufactured stone. All other rearfacades facing a public right-of-way shall be a minimum of ten (10) percentnatural or manufactured stone unless a landscape screen consisting of adouble row of evergreen canopy trees is provided along said right-of-way.

5. Windows, doors, porches, gables, balconies and accent materials shall beexcluded from the façade area for the purposes of calculating primary

building materials.

b. Townhome building types shall comply with the following standards.1. The exterior facades shall be constructed at 100% masonry. Masonry

finishes include clay fired brick, natural and manufactured stone, cast stone,stucco (second floor or above), and cementicious fiber board (not to exceed50% of 2 nd story, in a different vertical plane and above of any façade area).Windows, doors and dormers shall be excluded from the façade area for the

purpose of calculating primary building materials.

2. Townhomes shall be a minimum of two stories.

3. Each townhome unit shall have an attached garage. Garages shall open tothe rear of the townhome and shall not face the public right-of-way.

Conceptual Photos – The following photographs shall be representative of the architectural style, colorand material selections depicted therein.

Item 5g

8/12/2019 20140527 Tcp



Item 5g

8/12/2019 20140527 Tcp



3.3.4 Wi ndow Ar eas. Shall not exceed 80% of any façade area for buildings located inSubdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%.

3.3.5 Bui ldi ng Entr ies. Building entries shall be clearly

defined by incorporating distinguishing architecturalfeatures, awnings, canopies, lighting, signage or building articulation.

3.3.6 Awnings, Canopies, Ar cades and Overhangs. These elements shall be designed andmaterials shall be used to complement the building design. They should be located to beas functional as possible, and with consideration to landscape areas that may be impacted

by their placement.

3.3.7 Bui lding Ar ticulation.

a. Town Center. The Town Center is envisioned as a vibrant mixed use area at the heartof Subdistrict 2, combining retail, restaurant, entertainment, living and working into a

pedestrian oriented destination not only for the “Gates” neighborh ood but also for thesurrounding communities. To create an intimate pedestrian environment, buildings

should be designed to incorporate articulation both horizontally and vertically atintervals of not more than 30 feet. Acceptable forms ofarticulation shall include the following:

1. Canopies, awnings, or porticos2. Wall recesses / projections3. Arcades4. Arches

Item 5g

8/12/2019 20140527 Tcp



5. Display windows6. Architectural details, such as tile work and moldings, integrated into the

building façade7. Articulated ground floor levels or base8. Articulated cornice line9. Integrated planters or wing walls that

incorporate landscape and sitting areas10. Offsets, reveals or projecting rib used to

express architectural or structural bays11. Varied roof heights

b. Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf withfacades that face a street, have an entrance, or are highly visible from roads or

parking fields shall incorporate changes in wall plane with a depth of at least 6 feet, both horizontally and vertically, at intervals of not more than 100 feet.

Building façades that do not face a street or are not visible from roads or parkingfields shall incorporate one of the following:

1. Repeating pattern of wall recesses and projections, pilasters, offsets orreveals.

2. Changes of color, texture or material either horizontally or vertically atintervals of not more than 60 feet.

3.3.8 Above-Gr ade Structur ed Park ing. When structured garages are provided, sufficientaccess from the right-of-way or fire lane and access easement shall be provided.Entrances and exits shall be clearly marked for vehicles as well as pedestrians. Theexterior façade of the parking structure, if visible from the street, shall incorporate similardesign elements and finishes as the surrounding buildings in order to minimize the visualimpact and shall be designed to minimize visibility from the street.

Parking structures should be oriented in a manner to avoid a general site line from the

intersection of Preston/US 380 unless otherwise approved by the Town.

3.3.9 Projections into Setbacks and/or Righ ts-of-Way.

a. The following projections shall be permitted into a building setback or right-of-wayfor non-residential or mixed-use buildings only.

1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a

Item 5g

8/12/2019 20140527 Tcp



building face or architectural projection into the setback, but not the right-of-way.

2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of-

way.3. Architectural projections, including balconies, bays, towers, and oriels; show

windows (1 st floor only); below grade vaults and area-ways; and elements ofa nature similar to those listed; may project up to 48 inches beyond the

building face into the setback, but not the right-of-way.4. Canopies and/or awnings may project from the building face over the entire

setback. Additionally, they may be extended into the right-of-way to bewithin eight inches of the back of curb if used to provide a covered walkwayto a building entrance and as long as any canopy/awning support is no closerthan 24 inches from the back of curb.

5. Below-grade footings approved in conjunction with building permits.

Projections as described above shall only be permitted into a building setback orright-of-way provided the following:

1. No projection shall be permitted into a building setback or right-of-way ofPreston Road, Lovers Lane, Coleman Street or US Highway 380, or anyother major or minor thoroughfare.

2. Such projections do not extend over the traveled portion of a roadway.3. The property owner has assumed liability related to such projections4. The property owner shall maintain such projection in a safe and non-

injurious manner.

b. Where balconies, awnings, stoops and front porches are provided for Townhome andmultifamily uses, they shall be permitted to encroach a maximum of five feet into thefront setback line.

3.4 MULTIFAMILY CRITERIA

Multifamily construction within this development shall conform to the following urban-style criteria:1. Buildings will be oriented towards perimeter streets such that buildings adjacent to streets

with on-stre et parallel parking shall be constructed to a “build -to” line. That is a line parallelto the street where the primary façade of the building must be built to. The build-to line will

be determined during the site planning process based upon the minimum distance that willallow the required landscaping and pedestrian sidewalks to be installed between the buildingand the adjacent street. In no case shall the build-to line be less than the minimum buildingsetback as provided for herein.

2. A minimum of forty (40) percent of the units will have private garages.3. On-street parallel parking along public and private streets other than major or minor

thoroughfares is required and is allowed to count towards the required parking for theadjacent development.

4. All on-site surface parking will be located towards the interior of the site to minimize viewingfrom surrounding public streets.

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



3.5 PERMITTED USES


a. Big Box uses are permitted by right within Subdistrict 2.


Item 5g

8/12/2019 20140527 Tcp



4.0 subdistrict 3 — DOWNTOWN CENTER


The Downtown Center Subdistrict will serve the purpose of providing an active living andworking community benefiting from its proximity to the existing town core and the plannedLifestyle and/or Regional Retail Centers to the south. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent withthe Retail, Commercial and Office zoning districts in the existing Town of Prosper ZoningOrdinance, while the development standards for residential development are generally consistentwith the Townhome and Multifamily zoning districts in the existing Town of Prosper ZoningOrdinance and/or the Life Style Standards outline herein. The Design Guidelines andarchitectural standards are intended to define the “ Downtown Center” design theme for thisSubdistrict by providing opportunities to leverage from the entertainment, office and/or retailvenues located within and/or adjacent to this Subdistrict. Open space elements will be located soas to provide a central focal element for this Subdistrict, along with a proposed new TownHall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for aflexibility of options including medical campus, office, civic activities, and complementaryresidential housing. This area could also be developed as a more traditional business

park/governmental center if proven to better fit the market demands for such a use.

4.2 SITE CRITERIA

4.2.1 Proper ty Development Regul ations. The proposed land uses and housing types shallconform to the property development regulations in this Section. The proposed land useswithin Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or theUrban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, thesestandards shall apply to an entire block length so as not to disrupt the continuity of thestreetscape.

Tabl e 4-1. Size of Yards

Land Use/Housing Type (1) Minimum

Front (6) Minimum

Side (4) MinimumCorner (6)

MinimumRear

Retail 5 ft. (2) 5 ft. (2)


Office 5 ft. (2) 5 ft. (2)

Mixed Use (Vertical) 5 ft. (2) 5 ft. (2)

Townhome 20 ft. (3) 10 ft. 15 ft. 20 ft. (5)

Notes1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed

Use Land Uses.

2. Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15feet adjacent to a residential district; Setback may be eliminated for attached buildings.

3. The front setback may be reduced to 10 feet where vehicular access is provided via a rearalley.

4. Side setback shall be zero feet for interior units with a minimum building separation of 10feet between buildings without openings (e.g., windows) and 15 feet between buildingswith openings.

5. The rear setback may be reduced to 10 feet where vehicular access is provided at the frontof the unit.

Item 5g

8/12/2019 20140527 Tcp



6. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be providedwithin public ROW and/or easements of the adjacent roadways upon approval of TownStaff.

Table 4-2. Size of L ots and Lot Coverage — Non-Residential & M ix ed Use (Verti cal)


MinimumLot Width

MinimumLot

Depth

MaximumLot

CoverageMaximum



Office 7,000 sq. ft. 70 ft. 100 ft. 60% (2) 5.0:1.0

Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100% (2) 5.0:1.0

Notes1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed

Use Land Uses.2. Includes main buildings. Parking structures and surface parking facilities shall be

excluded from the coverage computations.3. Structural parking facilities and surface parking lots shall not be included in lot coverage

calculations.

Table 4-3. Size of Yards (Urban Standards)

Land Use/Housing TypeMinimum

FrontMinimum

SideMinimum

CornerMinimum

RearTownhome (2) 5 ft. 5 ft. (3) 5 ft. 20 ft.

Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1)Notes

1. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25feet adjacent to a residential district. Setback may be eliminated for attached buildings.

2. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys. All garage doors are to be cedar/wood clad or equivalent. Metal garage doors are not

permitted.3. A minimum building separation of 15 feet is required.

Table 4-4. Size of L ots and Lot Coverage — Residential

Housing TypeMinimumLot Area

MinimumLot Width

MinimumLot

Depth

MaximumLot

CoverageMaximum

DensityTownhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac

Multifamily (2) 10,000 sq. ft. 80 ft. 100 ft. 90% (1) N/A

Notes1. Includes main building, accessory buildings and structured parking facilities.2. Minimum density requirement of 24 du/ac (net).

Item 5g

8/12/2019 20140527 Tcp



4.2.2 M ini mum Dwell ing Ar ea.

a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum2 story.

b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 squarefeet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall providean additional 150 square feet per bedroom.

4.2.3 M aximum Residential Dwelli ng Uni ts. The maximum number of multi-familyresidential dwelling units allowed within Subdistrict 3 shall be 300 units. However, thetotal number of multifamily units for all Subidstricts may not exceed 600 units. Themaximum number of Townhome units in Subdistrict 3 shall be 150 units. However, themaximum combined number of Townhome units in all subdistricts may not exceed 150units. Any residential units not developed within Subdistrict 3 shall be allowed to bedeveloped in Subdistrict 2 provided the density standards for each Housing Type (SeeTables 3-3 and 3-5) for Subdistrict 2 are followed.

4.2.4 Location Requir ements for M ul tif amily and Townhome Construction . Apartments shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroadline, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north-south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east byColeman Street, on the south by the Lifestyle Center, and on the west by the proposednorth-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of theBNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt.Townhomes may be constructed in (i) the same locations as the apartments referencedherein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of ColemanStreet, north of Lovers Lane and east of the proposed north-south greenbelt.

4.2.5 Timing Requir ements for M ul tif amil y and Townhome Construction. Upon the issuance by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retaildevelopment the developer may construct up to 300 multifamily units and up to 150Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancyfor at least 600,000 square feet of retail the developer may construct up to a total of 600multifamily units.


4.3 BUILDING CRITERIA

4.3.1 M aximum Bui lding H eight. All structures in Subdistrict 3 shall conform to the buildingheight requirements set forth in Table 4-5 below. Building height shall be measured tothe highest point of a roof surface.

Item 5g

8/12/2019 20140527 Tcp



Table 4-5. M aximum Bui lding H eight (7) Building Type Height (1) # Stories

Non-Residential (2) 60 ft. 4

Hotel 80 ft. 5

Office 100 ft. 8Hospital 100 ft. 8

Townhome 40 ft. 3 (6)

Multifamily, Urban Living (3) 80 ft. 5 (4)

Parking Structures (5) 80 ft. 4Notes

1. Non-habitable elements integral to the design of buildings shall be allowed to exceed theheight limit by a maximum of 20 feet.

2. Does not include hospitals, hotels, office, or medical office buildings.3. Refer to Section 8.0 for definition of building type.4. No structure shall exceed two stories or 40 ’ when located 150 feet or less from a single

family zoning district.5. Main parking structure should not exceed the height of adjacent building it is serving. The

maximum allowed height is reduced to 40’ if generally visible to public ROW. 6. The minimum height of a townhome is two-story.7. No structure within 750 ’ of First Street can exceed 4 -stories in height (60 feet max.).

4.3.2 M aximum Bui lding L ength. There shall be no maximum length for buildings locatedwithin Subdistrict 3. However, all buildings shall be required to conform to the BuildingArticulation standards set forth in the Town’s zoning ordinance .


a. Non-Residential and multifamily building types shall comply with the followingstandards:

1. All building façade’s shall be architecturally finished with 100% masonrywith an allowance for up to 10% secondary materials. Masonry finishesinclude clay fired brick, natural and manufactured stone, cast stone, granite,marble, architectural concrete block, and textured and painted concrete tilt-wall (non-residential building types only). Stucco may be used on areas offacades that are at least nine (9) feet above grade on non-residential buildingsand on the third floor and above for multifamily buildings. Textured and

painted concrete tiltwall shall be limited to 50% on the front façade and 75%on side façades. Windows, doors, porches, gables, balconies and accent

materials shall be excluded from the façade area for the purposes ofcalculating primary building materials.

Item 5g

8/12/2019 20140527 Tcp



2. The front and side facades of all multifamily buildings shall be finished witha minimum twenty (20) percent natural or manufactured stone or integralcolor split-faced block.

3. The front and side facades of all non-residential buildings shall be finishedwith a minimum of twenty-five (25) percent natural or manufactured stone.The rear façade of any non-residential building facing a public right-of-wayshall be finished with a minimum of ten (10) percent natural or manufacturedstone unless a landscape screen consisting of a double row of evergreencanopy trees is provided along said right-of-way.

4. Windows, doors, porches, gables, balconies and accent materials shall beexcluded from the façade area for the purposes of calculating primary

building materials.

5. All multifamily criteria and conceptual photos in section 3.4 of thisordinance also applies in this subdistrict.

b. Townhome building types shall comply with the following standards.

1. The exterior facades shall be constructed of 100% masonry. Masonryfinishes include clay fired brick, natural and manufactured stone, cast stone,stucco (second floor and above), and cementicious fiber board (not to exceed50% of 2 nd story and above of any façade area). Windows, doors, porches,columns and dormers shall be excluded from the façade area for the purposeof calculating primary building materials.

2. Townhomes shall be a minimum of two stories.

3. Each townhome unit shall have an attached garage. Garages shall open tothe rear of the townhome and shall not face the public right-of-way.

Item 5g

8/12/2019 20140527 Tcp



Conceptual Photos – The following photographs shall be representative of the architectural style, colorand material selections depicted therein.

4.3.4 Wi ndow Ar eas. There shall not exceed 80% of any façade area for buildings located inSubdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%,unless otherwise approved by the Director of Development Services or his/her designee.

4.3.5 Bui ldi ng Entr ies. Building entries shall be clearly defined by incorporatingdistinguishing architectural features, awnings, canopies, lighting, signage or buildingarticulation.

4.3.6 Awnings, Canopies, Ar cades and Overhangs. These elements shall be designed andmaterials shall be used to complement the building design. They should be located to beas functional as possible, and with consideration to landscape areas that may be impacted

by their placement.

4.3.7 Above-Gr ade Structur ed Park ing. When structured garages are provided, sufficientaccess from the right-of-way shall be provided. Entrances and exits shall be clearlymarked for vehicles as well as pedestrians. The exterior façade of the parking structure,if visible from the street, shall incorporate similar design elements and finishes as thesurrounding buildings in order to minimize the visual impact and shall be designed tominimize visibility from the street.

Parking structures should be oriented in a manner to avoid a general site line from theintersection of Preston/US 380 unless otherwise approved by the Town.

Item 5g

8/12/2019 20140527 Tcp



4.3.8 Projections into Setbacks and/or Righ ts-of-Way.

a. The following projections shall be permitted into a building setback or right-of-wayfor non-residential or mixed-use buildings only.

1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of-way.

2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of-way.

3. Architectural projections, including balconies, bays, towers, and oriels; showwindows (1 st floor only); below grade vaults and area-ways; and elements ofa nature similar to those listed; may project up to 48 inches beyond the

building face into the setback, but not the right-of-way.

4. Canopies and/or awnings may project from the building face over the entiresetback. Additionally, they may be extended into the right-of-way to bewithin eight inches of the back of curb if used to provide a covered walkwayto a building entrance and as long as any canopy/awning support is no closerthan 24 inches from the back of curb.

5. Below-grade footings approved in conjunction with building permits.

Projections as described above shall only be permitted into a building setback orright-of-way provided the following:

1. No projection shall be permitted into a building setback or right-of-way ofLovers Lane, Coleman Street or Frost Street, or any other major or minorthoroughfare.

2. Such projections do not extend over the traveled portion of a roadway.

3. The property owner has assumed liability related to such projections

4. The property owner shall maintain such projection in a safe and non-injurious manner.

b. Where front porches are provided for Townhome uses, they shall be permitted toencroach a maximum of five feet into the front setback line.

4.4 PERMITTED USES


Additional commerical uses are allowed for the parcel(s) located on the west side of therailroad as noted in Section 6.6 under Wholesale Uses and Manufacturing/IndustrialUses.


Item 5g

8/12/2019 20140527 Tcp



5.0 subdistrict 4 — RESIDENTIAL NEIGHBORHOOD


The Residential Neighborhood Subdistrict will serve the purpose of providing a plannedresidential community to serve the needs of the Town by facilitating a range of housingopportunities. The development standards included in this Subdistrict are generally consistentwith the Single-Family-10, zoning district in the existing Town of Prosper Zoning Ordinance. By

providing additional housing opportunities in close proximity to the services included in the otherSubdistricts as well as varied transit opportunities will allow for an overall development that will

be more self-sufficient and ultimately more sustainable.

5.2 SITE CRITERIA

5.2.1 Proper ty Development Regulations. The proposed housing types shall conform to the property development regulations in Tables 5-1 and 5-2.

Tabl e 5-1. Size of Yards

Housing TypeMinimum

FrontMinimum

SideMinimum

Corner Minimum RearSingle-Family 25 ft. 8 ft. 15 ft. 25 ft.

Table 5-2. Size of L ots and Lot Coverage

Building TypeMinimumLot Area

MinimumLot Width

MinimumLot

Depth

MaximumLot

CoverageMaximum

Density

Single-Family10,000 sq.

ft.80 ft. (1) 125 ft. 50% 200 lots

Notes1. The minimum lot width is defined as the minimum width as measured along the platted

building setback line.

5.2.2 M ini mum Dwell ing Ar ea. The minimum dwelling area for standard residential usesshall be as follows:

a. Single-Family. The minimum dwelling area shall be 2,100 square feet.


5.2.4 Pr ivate Street Development. Restricted access or gated entrances may be permitted asmeans of establishing a private street development orgated community within Subdistrict 4 via a specific use

permit.

5.2.5 Garage Entr y. Garages with ‘L’ or ‘J’ hook drivewayentrances shall be permitted in Subdistrict 4.

Item 5g

8/12/2019 20140527 Tcp



5.3 PERMITTED USES

The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix inSection 6.6 of this Ordinance.

5.4 CONCEPTUAL ELEVATIONS

The following elevations shall be representative of the architectural style, color and materialselections depicted therein.

Item 5g

8/12/2019 20140527 Tcp



Item 5g

8/12/2019 20140527 Tcp



6.0 GENERAL REQUIREMENTS

6.1 PLAN APPROVAL PROCESSES

6.1.1 General. Development shall generally take place in accordance with the attachedConceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) andConceptual Thoroughfare Plan (Exhibit H).

6.1.2 Conceptual Development Plan . Plats and/or site plans submitted for the development ofthe PD District shall conform to the data presented and approved on the ConceptualDevelopment Plan (Exhibit D). Changes of detail on these final development plan(s) thatdiffer from the Conceptual Development Plan (Exhibit D) may be authorized by thePlanning & Zoning Commission, with their approval of the final development plan(s) andwithout public hearing, if the proposed changes do not:

1. Alter the basic relationship of the proposed development to adjacent property2. Alter the uses permitted,

3. Increase the density,4. Increase the building height,5. Increase the coverage of the site,6. Reduce the off-street parking ratio7. Reduce the building lines provided at the boundary of the site, or8. Significantly alter any open space plans

If the Planning & Zoning Commission determines that the proposed change(s) violatesone (1) or more of the above eight (8) criteria, then a public hearing must be held toadequately amend the PD District’s granting ordinance prior to the Plann ing & ZoningCommission’s approval of the final development plan(s).

Any change to the boundaries of an individual Subdistrict that results in a change of lessthan 15% of the land area for that Subdistrict may be authorized by the Director ofDevelopment Services or his/her designee.

6.2 OPEN SPACE

6.2.1 General. The open space and parklanddedication requirements shall be inaccordance with the Town’s zoningordinance unless specified herein and/orother requirements / regulations areestablished via a developer’s agreementwith the Town at which time theauthorized Developer’s Agreement willhold precedence over this PlannedDevelopment and/or the Town’s zoningOrdinance requirements.

6.2.2 Design Cri teri a. Land utilized to satisfy Open Space requirements shall meet thefollowing criteria, as relevant:

Item 5g

8/12/2019 20140527 Tcp



a. A maximum of 1/2 of the required on-site Open Space for either Townhome orMultifamily development may be located off the platted lot however, within 1000’ ofany unit of a development towards which it will be counted with respect to theTownhome or Multifamily development but within the boundary of the overall

Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system.

b. Required Open Space for non-residential areas do not have to be located on theindividual platted lots but allocated as part of the overall master plan and/or site plan.

6.3 PARKING REQUIREMENTS

6.3.1 General. The following general standards shall apply.

a. The number of parking spaces provided for uses shall be in accordance with therequirements established in Section 6.3.2 of these standards.

b. Where on-street parking is provided, angled as well as parallel parking shall be

permitted. On-street parking shall not be permitted within 30 feet of the curb line ofa cross street, drive or common access easement.

c. On-street parking spaces shall be permitted within Subdistricts 2 and 3 within thisPlanned Development. Parking spaces may be provided in the right-of-way and shallconform to Town standards for vehicle parking areas. No on street parking spaceswill be allowed on major or minor thoroughfares.

d. Vehicle maneuvering shall be allowed within the public right-of-way where on-street parking is provided.

e. When structured parking garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available.

f. Parking aisles, where practicable, shall be designed to be perpendicular to the front ofthe primary building in the development.

g. Parking spaces that face and are adjacent to a building shall utilize curbs, wheelstops, and/or bollards.

h. Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of ProsperFire Department at the time of plat and/or site plan submittal.

i. Dead-end parking aisles are discouraged and shall only be permitted in uniquecircumstances upon approval by the Director of Development Services or his/herdesignee.

j. In the case of mixed uses, uses may share parking spaces where the practicability ofshared parking can be demonstrated. The applicant shall submit a parking analysis tothe Director of Development Services demonstrating the feasibility of shared parking.The parking analysis shall address, at a minimum, the size and type of the proposeddevelopment, location of required parking, the composition of tenants, the anticipatedrate of parking turnover, and the anticipated peak parking and traffic loads for alluses that will be sharing off-street parking spaces. The applicant shall alsodemonstrate that any parking reduction requested as part of the shared parking studywill not result in the spillover of parking onto other properties.

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



Medical or Dental Office: One space per 250 square feet of floor area. Facilitiesover 20,000 square feet shall use the parking standards set forth for hospitals.

Retail Store or Personal Service Establishment, Except as Otherwise SpecifiedHerein: One space per 250 square feet of gross floor area.

Restaurant, Cafe or Similar Dining Establishment: One parking space for each100 square feet of gross floor area.

6.4 DETENTION PONDS

Detention Ponds located adjacent to Preston Road or at other high visibility locations as generallydepicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If thereare no prohibitive regulatory permitting issues or design constraints, these ponds will beconstructed to maintain a constant normal pool elevation. The Town’s engineering departmentshall review and confirm any design constraints that would preclude the pond from maintain aconstant pool elevation. Detention ponds located in less visible locations shall be fully vegetatedwith turfgrass and designed to drain completely and allow ease of maintenance. All visible

outfall structures shall be faced with stone.6.5 LANDSCAPING

6.5.1 General. All required landscape areas shall comply with the specific standards containedin the Town of Prosper Zoning Ordinance except as noted herein.

6.5.2 L andscape Ar ea Requirements. The below standards shall be applied consistent with theland uses specified below.

a. Non-Residential and Mixed Use. These standards apply to Non-Residential andMixed-Use land uses.

1. All retail buildings which back to US 380 shall be screened with the plantingof a double row of evergreen trees such as eastern red cedars or other similartree that will provide a continuous screen. The evergreen trees used for thescreen shall be a minimum of 8 foot tall at the time of planting. There willalso be additional berming and planting of smaller shrubs and trees withinthe water line easements along Highway 380 to the extent allowed by theTown.

Item 5g

8/12/2019 20140527 Tcp



2. Where on-street parking is provided, a minimum six-foot wide buffer yardshall be established in the right-of-way. The area shall be located adjacent tothe curb and be planted with street trees located a minimum distance of fourfeet from the back of curb, with an average spacing no greater than 50 feet oncenter. All trees shall be a minimum of four caliper inches when planted.Due to the location of the street trees, root barriers shall be provided. Thearea shall also provide space for street furniture such as seating, streetlighting, waste receptacles, fire hydrants, traffic signs, newspaper vending

boxes, bus stops, bicycle racks, and public utilities. The placement of anyitems in the public right-of- way is subject to the approval of the Town’s

staff. If approved by the Town, a sidewalk with tree wells may abut the curbin lieu of said criteria.

b. Multifamily. These standards apply to multifamily land uses.

1. Perimeter Requirements.

(a) Thoroughfares. A landscape area consisting of living trees, turf orother living ground cover and being at least an average of 25 feet inwidth measured from the property line interior to the property shall

be provided adjacent to and outside of the right-of-way on LoversLane, Coleman Street, and Richland Boulevard. A maximumdeviation of five feet of the minimum width of the landscape area is

permitted, provided the minimum average width of 25 feet or 30

feet; respectively, is maintained. One Large Tree, four-inch caliperminimum per 30 lineal feet of roadway frontage shall be plantedwithin the required landscape area. The trees may be planted ingroups with appropriate spacing based on species. A minimum of 15shrubs with a minimum size of five gallons each will be planted inthe landscape area for each 30 lineal feet of frontage. Parkingabutting the landscape area will be screened from the adjacentroadway. The required screening may be with shrubs or earthen

berms.

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



(g) These standards shall not apply to structured parking facilities.

3. Building Landscaping. Foundation plantings of a single row of shrubs arerequired along the front façade of all buildings adjacent to a public street.

4. Irrigation Requirements. Permanent irrigation shall be provided for allrequired landscaping as follows:

(a) Irrigation lines shall be placed a minimum of two and one-half feetfrom a Town sidewalk or alley. Reduction of this requirement issubject to review and approval by the Town Engineer.

(b) Trees and shrubs shall be irrigated by bubbler irrigation lines only.Other landscaping may be irrigated by spray irrigation. Separatevalves shall be provided to turn off the spray irrigation line during

periods of drought or water conservation.

(c) Rain, freeze, and wind detectors shall be installed on all irrigationlines.

6.6 SIGNAGEThe developer will follow the Town’s standard signage ordinance with the understanding it cancreate a special purpose sign district per Section 1.12 of the Town’s sign ordinance for eachdevelopment phase to meet the unique needs of the overall development.

6.7 PERMITTED USE MATRIX

SUBDISTRICTRESIDENTIAL USES 1 2 3 4Mobile and /or Manufactured HomesModel Home

Multifamily Dwelling (including loft, work/live units and studioapartments)

Private Street Development (excluding MF) S S SRetirement Community Residential Development (RCRD Housing) S S SSingle Family Dwelling, Attached (Townhome) Retirement Housing 12Single Family Dwelling, Detached Two Family Dwelling (Duplex)

SUBDISTRICTACCESSORY & INCIDENTAL USES 1 2 3 4Accessory Building Caretaker's/Guard's Residence

Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL

Electronic security facilities including gatehouse and control counter Garage Apartment (not to be rented) Guest House (see conditions in Zoning Ordinance; over .5 acre lot) Homebuilder Marketing Center 1 1 1 1Home Occupation 2 2 2

Item 5g

8/12/2019 20140527 Tcp



SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk Mobile Food VendorRetail/Service Incidental Use Storage Facilities and uses (incidental to primary use) Temporary Building – see conditions in Town Zoning Ord. (Section2.0) S S S S

EDUCATIONAL, INSTITUTIONAL, PUBLICAND SPECIAL USES

SUBDISTRICT1 2 3 4

Airport/HeliportAssisted Care or Living Facility, including Memory Care S SAthletic Stadium or Field, Private 3 3 3Athletic Stadium or Field, Public

Cemetery or MausoleumCivic/Convention Center College, University, Trade, or Private Boarding School Community Center Farm, Ranch, Stable, Garden, or Orchard Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Helistop S S

Rehabilitation Care Institution 14 14

Hospital Household Care Facility S S House of Worship

Municipal Uses Operated by the Town of Prosper Museum/Art Gallery Open Storage – see conditions in Town Zoning Ord. Park or Playground Private Recreation Center Public Recreation Facilities Rehabilitation Care FacilityRehabilitation Care InstitutionSchool, Public School, Private or Parochial S

TRANSPORTATION, UTILITYAND COMMUNICATIONS USES SUBDISTRICT1 2 3 4Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4Antenna and/or Antenna Support Structure, CommercialStealth Antenna, Commercial 5 5 5Bus Terminal S SCarting or Express HaulingElectric Power Generating Plant

Item 5g

8/12/2019 20140527 Tcp



TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 LandfillOffice and Storage Area for Public/Private UtilityPrivate Utility, Other Than Listed Radio and Television Studios and Broadcasting FacilitiesSchool District Bus Yard 6 6 6Sewage Treatment Plant/Pumping Station S S S STelephone Exchange STransit Center S SUtility Distribution/Transmission Facility S S S SWater Treatment Plant S S S S

SUBDISTRICTOFFICE AND PROFESSIONAL USES 1 2 3 4

Administrative, Medical, or Professional Office Corporate Campus Governmental Office Insurance Office Multi-Tenant Office Building Research and Development Center – see conditions in Town ZoningOrd. S S S

SUBDISTRICTRETAIL USES 1 2 3 4Antique Shop and Used Furniture Alcohol Sales (Must comply with all the conditional standards in thezoning ordinance as it exists, or may be amended.) Building Material and Hardware Sales, Major SBuilding Material and Hardware Sales, Minor Convenience Store with Gas Pumps 10 10 10Convenience Store without Gas Pumps Equipment and Machinery Sales and Rental, MajorEquipment and Machinery Sales and Rental, Minor Farmer's Market S S SFeed StoreFlea Market, InsideFlea Market, Outside

Furniture, Home Furnishings and Appliance Store Gas Pump as Accessory Use 13 13

Nursery, Major S S Nursery, Minor Pawn ShopRetail Stores and Shops

Item 5g

8/12/2019 20140527 Tcp



SUBDISTRICTSERVICE USES 1 2 3 4Artisan's Workshop

Bank, Savings and Loan, or Credit Union Beauty Salon/Barber Shop Bed and Breakfast Inn SBody Art StudioBusiness Service Cabinet/Upholstery Shop Campground or Recreational Vehicle ParkCatering Establishments Commercial Amusement, Indoor Commercial Amusement, Outdoor S S SComputer Sales and Repairs

Contractor's Shop and/or Storage YardDance Hall S SDay Care Center, Adult S S SDay Care Center, Child 7 7 7 7Day Care Center, In-Home 8 8 8Day Care Center, Incidental S S S SDinner Theater Dry Cleaning, Minor Fairgrounds/Exhibition Area S SFortune Teller/PsychicFurniture Restoration S

Golf Course and/or Country Club S S SGunsmithGymnastics/Dance Studio Health/Fitness Center Hotel – see conditions in Town Zoning Ord., Household Appliance Service and Repair Indoor Gun Range 9 9 9Landscaping ServiceLaundromat Locksmith/Security System Company Massage Therapy, Licensed

Massage Therapy, UnlicensedMedical and Health Care Facilities/Clinics Messenger/Courier and Telegraph Services Mortuary/Funeral Parlor S S SMotelPest Control/Exterminating Shops Pet Day Care – see conditions in Town Zoning Ord. Print Shop, Minor

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15Storage or Wholesale Warehouse 15

Winery S

SUBDISTRICTMANUFACTURING AND INDUSTRIAL USES 1 2 3 4Bakery (Commercial)Concrete/Asphalt Batching Plant, Permanent

Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL

General Manufacturing/Industrial Use Complying with PerformanceStandards 15

Limited Assembly and Manufacturing Use Complying withPerformance Standards 15

Machine ShopMineral ExtractionMiscellaneous Hazardous Industrial UsesPortable Building Sales SRecycling Collection Point 15Recycling Center SRecycling PlantTrailer/Mobile Home Display and Sales

LEGEND Use permitted in district indicated

Use prohibited in district indicatedS Use is permitted in district upon approval of a specific use permit

1 Use is permitted in the Subdistrict indicated in accordance with the conditional developmentstandards or limitations in the corresponding numeric end note in Section 6.6.1 of this Ordinance.


Item 5g

8/12/2019 20140527 Tcp



6.7.1 Conditional Development Standards.

1. Homebuilder Marketing Center. Shall be used only to market homes/lots in thedevelopment where it is located when located in a residential zoning district. The usemust be removed when all homes/lots in the development have been sold.

2. Home Occupation. A home occupation is a business that is customarily carried on ina home by the resident and shall adhere to all of the following conditions andrequirements:

(a) No signage associated with the home occupation and visible from outside ofthe dwelling shall be allowed on the premises.

(b) Only two employees other than the occupants of the residence may beemployed on-site at any one time. This shall not include the coordination orsupervision of employees who do not regularly visit the house for purposesrelated to the business.

(c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdooractivities.

(d) Outdoor activities are not allowed, unless the activities are screened fromneighboring property and public rights-of-way.

(e) No exterior storage of material, equipment, vehicles, and/or supplies used inconjunction with the home occupation.

(f) The home occupation shall not produce offensive noises, vibrations, smoke,dust, odors, heat or glare beyond the property lines.

(g) A home occupation shall not serve as an office or storage facility for avehicle fleet operation in which fleet vehicles visit the site.

(h) No major alterations to the property or exterior of the dwelling unit shall beallowed that changes the residential character of the home.

(i) No repair or servicing of vehicles, internal combustion engines, largeequipment or large appliances shall be allowed.

(j) No storage of hazardous materials for business purposes shall be allowed onthe premises.

(k) Merchandise shall not be offered or displayed for sale on the premises. Salesincidental to a service shall be allowed; and orders previously made bytelephone or at a sales party may be filled on the premises.

(l) No traffic shall be generated by a home occupation in greater volumes thannormally expected in a residential neighborhood, and any need for parkingmust be accommodated within the off-street parking provided for theresidence (i.e. the driveway or garage) and along the street frontage of thelot.

Homeowners/occupants who establish an occupation in their residence must adhereto all of the above conditions.

3. Athletic Stadium or Field, Private. Only permitted by Specific Use Permit whendeveloped in conjunction with a School, Private or Parochial.

Item 5g

8/12/2019 20140527 Tcp



4. Antenna, Non-Commercial.

(a) Satellite Dishes and Wireless Broadband Antennas

(1) In Subdistrict 4 (Single Family Detached), satellite dishes and

wireless broadband antennas are permitted only on the back half of aresidential structure or in the back yard of a residential lot unless asignal cannot be received in these areas. Should a satellite dish orwireless broadband antenna be placed somewhere other than on the

back half of a residential structure or in the back yard of a residentiallot, it shall be limited to not more than two feet in diameter. Onlythree satellite dishes and/or wireless broadband antennas shall be

permitted per lot or primary structure. One of the three satellitedishes and/or wireless broadband antennas on a residential structureand/or lot may be up to 12 feet in diameter. The other two satellitedishes and/or wireless broadband antennas shall not exceed two feetin diameter.

(2) In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishesand wireless broadband antennas are permitted only on the back halfof a residential structure or in the back yard of a residential lot unlessa signal cannot be received in these areas. Should a satellite dish orwireless broadband antenna be placed somewhere other than on the

back half of a residential structure or in the back yard of a residentiallot, it shall be limited to not more than two feet in diameter. Onlythree satellite dishes and/or wireless broadband antennas shall be

permitted per residential unit. One of the three satellite dishes and/orwireless broadband antennas on a residential unit may be up to 12feet in diameter. The other two satellite dishes and/or wireless

broadband antennas shall not exceed two feet in diameter.

(b) Non-commercial antennas shall not interfere with radio or televisionreception of adjoining property owners, and shall comply with all regulationsof the Federal Communications Commission (FCC). In no case shall theheight of such antennas exceed 45 feet and proper guy wire securement shall

be followed. In no manner shall the use of such equipment infringe uponadjoining property owners. Roof mounted satellite dishes in excess of 50

pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating theantenna's stability and support and shall not extend more than six feet abovethe first story.

5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses

within a Subdistrict only as a secondary use when the primary use on the lot is achurch, school, athletic stadium or field, or public utility structure. Stealth antennasare permitted by right in the non-residential districts. The Director of DevelopmentServices, or his/her designee, may approve a request to install a stealth antenna whenthe proposed stealth antenna is of a type that is specifically listed in the definition ofAntenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance(Ordinance 05-20). For stealth antenna requests of a type that are not specificallylisted in this definition, the Town Council may determine if a proposed commercial

Item 5g

8/12/2019 20140527 Tcp



antenna is a stealth antenna or not when considering site plan approval for the proposal.

6. School District Bus Yard. A School District Bus Yard shall be owned and/oroperated by a public Independent School District. Unless otherwise approved by thePlanning & Zoning Commission, School District Bus Yards shall be screened usingone of the following methods:

(a) Option 1

(1) A six (6) foot ornamental metal fence,

(2) Three (3) inch caliper evergreen trees on twenty (20) foot centers,and

(3) Five (5) gallon evergreen shrubs on three (3) foot centers.

(b) Option 2

(1) A six (6) foot clay-fired brick wall, and

(2) Three (3) inch caliper evergreen trees on twenty (20) foot centers.

7. Day Care Center, Child. Notwithstanding anything to the contrary herein, a publicindependent school district is not required to obtain a SUP for the operation of a DayCare Center, Child in a public school. A Day Care Center, Child not operated by a

public independent school district is permitted by SUP in all Subdistricts.

8. Day Care Center, In-Home. Permitted by right as a home occupation in thedesignated Subdistricts and is subject to the regulations of Home Occupation.

9. Shall be permitted by right when serving as a complementary use to a primary use.Shall not be subject to the limitations of a maximum of 15% of a main use. Othersimilar uses not specifically defined may also be permitted. Primary use

sales/services may only be allowed by S.U.P.10. Limited to one at each of the following intersections: Lover’s Lane at Preston, First

Street at Preston, and Lover’s Lane at Coleman Street.

11. Shall be limited to high-end or specialty automobile sales and shall have limited outdoor model displays. A maximum of two rows of display parking (one drive) isallowed along any street frontage. The use shall only be allowed if permitted bySUP.

12. Only allowed in Subdistrict 4 as detached units.

13. Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as anaccessory use to a big box tenant and are subject to the following development

standards.a. Accessory gas pumps must be located on the same lot as a big box tenant.

b. A sales kiosk servicing the accessory gas pumps shall be less than fivehundred (500) square-feet in floor area.

c. Accessory gas pumps shall be located at least two hundred and fifty (250)feet from a property line of a residential lot.

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



7.0 INFRASTRUCTURE DESIGN STANDARDS

7.1 GENERAL

Due to the unique and dynamic nature of Town Center Developments, there are a number ofdesign elements that deviate from standard suburban design criteria. Therefore, it is understoodthat that alternate design criteria may be utilized in the layout and design of this PlannedDevelopment. The design criteria may include such elements as design speeds for streets, streetand parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains,etc.), alternative stormpipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteriamay be based on similar criteria utilized in similar development throughout the Dallas-Fort WorthMetroplex as previously referenced herein or as determined to be comparable developments.Such standards must be approved by the Town’s Engineering Department .

Item 5g

8/12/2019 20140527 Tcp



8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be

considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which isattached to but secondary to a main non-residential structure and is generally located above thefirst floor of the structure.

Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work areagenerally associated with the creative arts and which may consist of a single room or series orrooms.

Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building.

Catering Establishment . An establishment where food and drink are prepared, for immediate off premises consumption.

Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobileand Related Uses” as listed in Section 6.5 of this Ordinance and similar uses.

Dinner Theater . A building or portion of a building used primarily for showing motion picturesor for dramatic, musical or live performance where food and drink are prepared and consumed onthe premises during the event.

Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, asmeasured from the outside edge of the exterior walls of the main structure. The dwelling areacalculation excludes basements, patios, decks, balconies, uncovered porches, and covered porchesunenclosed on one or more sides.

EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls.

Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater thanits frontage, and having a width less than the minimum required lot width, but not less thantwenty-five (25) feet. There shall be no maximum distance for the required width from the front

property line.

Landscape Service . Professional service focused on the design and/or installation of landscapingin either a commercial or residential application. The service may include open storage of thematerials and equipment used in the process of landscape installation.

Messenger / Courier Service . Premium service specializing in the personal delivery of messages, packages and mail.

Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tractof land or a building. For the purposes of this Planned Development, a Mixed Use Land Useshall include a minimum of two individual land uses (residential/non-residential; retail/multi-family; office/multi-family; etc.).

Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or morefamilies living independently of one another, exclusive of Hotels, Motels, or Residence Hotels.Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and

Item 5g

8/12/2019 20140527 Tcp



intended to accommodate multifamily residential uses, including both for-sale and rental units.Parking can be either surface parking and/or structural parking.

Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed inSection 6.6 of this Ordinance and similar uses.

Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipmentthat is either for sale on the premises or is used in the normal course of doing business orconducting a business service.

Pest Control / Extermination Service . Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecolog y or the economy. The servicemay include open storage of the materials and equipment used in the process of performing theservice.

Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department ofAgain and Disability Services (DADS), a facility which provides residence and care to ten (10) ormore persons, regardless of legal relationship, who have demonstrated a tendency toward

alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Retirement Housing. Any age restricted development which may be in any housing form,including detached and attached dwelling units, apartments, and residences, offering private andsemiprivate rooms and designed to provide meals and nursing care.

Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6. 6 of thisOrdinance and similar uses.

Security Facilities (including gatehouse and control counter) . A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controllingincoming and outgoing vehicular traffic. The facility may be occupied by security personnel or itmay only house electronic surveillance equipment.

Storage Facility. A freestanding or attached structure which is part of a larger commercial orresidential development that’s primary function is to store material or equipment necessary forthe ongoing maintenance or upkeep of the development which it is associated with.

Townhome. A structure containing three to eight dwelling units with each unit designed foroccupancy by one family and each unit attached to another by a common wall.

Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work.

Item 5g

8/12/2019 20140527 Tcp



EXHIBIT “E”


Item 5g

8/12/2019 20140527 Tcp




It is currently anticipated that the development of Gates of Prosper will begin within two to four yearsafter approval and signing of the zoning ordinance. During this time period, prior to the initial stages of

development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15years and is primarily dependent on the marketability of the highest and best use of the land for therespective land tracts. Progress of development improvements will primarily depend on the time framesestablished for construction of thoroughfares, utilities, and market trends/demands for the area.

The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily and townhome residential units inSubdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 300,000 square feetof commercial/retail development has been issued tenant certificates of occupancy by the Town. Therequired commercial/retail development may include regional retail anchors, a town center mixed-usecomponent, a major multi-purpose medical center with emergency care facilities, a mall, a hotel, oranother major development anchor as determined by Town Council.

Incorporation of residential units into a mixed-use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures.

The development schedule is subject to change due to various factors beyond the control of the developer,such as housing market conditions, construction materials and labor availability, acts of nature, and othersimilar conditions.

Item 5g

8/12/2019 20140527 Tcp



EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES

Item 5g

8/12/2019 20140527 Tcp



Supplemental DESIGN PRINCIPLESThe Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a

prosperous economic eng ine and enviable residential neighborhood. The vision for the “Gates of Prosper”

is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinforce a uniform spirit andcharacter throughout the development while promoting fresh and visionary diversity.

Subdistricts have been carefully planned to maximize vehicular access to transportationarteries and pedestrian access to future transit systems.

Subdistricts are designed and planned to create a special community that offers theopportunity to live, work, shop and recreate in an urban environment located in a suburbanarea.

Each Subdistrict can have its own identity yet still create a sense of belonging through use ofconsistent iconic markers, streetscape designs, landscape forms, signage, lighting andarchitectural building standards. These elements should allow Subdistricts to transitionseamlessly from one to the next.

Public amenities including parks, trails, plazas, interactive areas and gateways are planned toserve as venues for recreation, entertainment and social interaction.

Pedestrian ways should be memorable through their use of landscaping and lighting, and byincorporating shade, street furnishings and other sidewalk amenities.

Item 5g

8/12/2019 20140527 Tcp



SITE DESIGN

The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper andas a quality environment that resonates a “sense of place”. This design contributes to the overall identity

which adds value to the project as well as the entire community. To promote these benefits the design hasincorporated following features:

Street design and streetscapes including boulevards connecting and traversing through thedifferent subdistricts.

Gateway icons that announce entry into and welcome residents and guests to thedevelopment. Wayfinding markers that give direction within the development and reinforcethe quality of the development.

Public areas that are accessible and provide for a variety of entertainment and recreationalexperiences.

Subdistricts that allow for a crossover of uses while concentrating like uses for theconvenience of residents and guests.

SUBDISTRICT DESIGN

Subdistrict 1 — Regional Retail . Subdistrict 1, as depicted on the Conceptual DevelopmentPlan (Exhibit D) shall serve the purpose of providing for the needs of the community byfacilitating the development of regional-serving retail, personal service, and office uses.

Subdistrict 2 — Lifestyle Center. Subdistrict 2, as depicted on the Conceptual DevelopmentPlan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and

pedestrian scale mixture of office, retail, personal service, residential and communityactivities on single or contiguous building sites.

Subdistrict 3 —

Downtown Center. Subdistrict 3, as depicted on the ConceptualDevelopment Plan (Exhibit D) shall serve the purpose of providing an active living andworking community benefiting from its proximity to the existing Town core and the adjacentSubdistricts.

Subdistrict 4 — Residential Neighborhood. Subdistrict 4, as depicted on the ConceptualDevelopment Plan (Exhibit D) shall serve the purpose of providing a planned residentialcommunity to serve the needs of the Town and add a complimentary use to the overalldevelopment.

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



Public Realm DesignThe public realm exists at the intersections of the various aspects of community living. It consists ofareas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks,

plazas and parks are all components of the public realm, and help create a pedestrian network. Thisnetwork should be given priority over the street network (vehicle access) and provide visible connectionsto parking facilities, crossings and adjacent development while being of a size to accommodate pedestriantraffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic.

The street network should provide connectivity as well as flexibility for future development and be able toaccommodate a pedestrian network with appropriate shading from trees and built structures. Otherstreetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash andrecycling, water features and various art and performance media shall contribute to the pedestrianexperience. This shall be in accordance with unified landscaping and streetscape plans.

Public parks and open spaces contribute not only to the pedestrian experience but also to the ecologicalvalue and appearance of the development. By providing space for recreation, they promote communityand gathering and can enhance value for retail, restaurant and residential uses.

Item 5g

8/12/2019 20140527 Tcp



URBAN Residential Development GuidelinesResidential units shall be located in a manner that will provide privacy for residents by one or several ofthe following:

Provide a small landscaped front setback

Raise or lower the finished ground level relative to the sidewalk level

Allow for encroachment by stoops, stairs and porches within the area between the frontfaçade and the property line

ARCHITECTURAL ELEMENTS

Residential buildings shall have relatively little horizontal articulation and simple roofs, withmost building wing articulations set at the rear of the structure. Window projections, stoops,

porches, balconies and similar extensions are exempt from this standard.

Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hiproofs is 6:12. Other roof types shall be appropriate to the architectural style of the building.

Architectural embellishments that add visual interest to the roof, such as dormers andmasonry chimneys, may be provided.

PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off-street parkingmay also be accessed via other public/private streets along the front property line.

Item 5g

8/12/2019 20140527 Tcp



APPENDIX A — ZONING EXHIBIT & LEGAL DESCRIPTION

EXHIBIT “a”

Item 5g

8/12/2019 20140527 Tcp


P R E S T O N R O A D

S T A T E H I G H W

A Y 2 8 9

U.S. HIG HWAY 380

B U R L I N G T O N N O R T H E R N S A N T A F E R A I L R O A D

M c K I N N E Y

C R O C K E T T

F IRS T STREET

SE CONDSTREET

B U S I N E S S 2 8 9

H A L L

C O L L E G E

PROPO SEDLOVERSLANE

POINT O FBEGINNIN G

TR ACT 4EXISTING ZONING

PD-3RETAIL / COM MERCIAL / OFFICE, S INGLE

FAM ILY

AND M ULTI-FAMILY

PROPOSED ZO NINGPD-S UBDISTR ICT 4

(RESIDEN TIAL NEIGHBORHOOD)68.73 GROSS ACRE S

62. 09 NET A CRES

TRA CT 1A

EXISTING ZO NINGPD-3

RETAI L / COMMERCIAL / OFFICE,RETAIL, SING LE FAMILY AND

MULTIFAMLY

PROP OSED ZONI NGPD-SU BDISTRICT 1

(REGIONAL R ETAIL ).16 6.37 G ROSS ACRES

136.49 NET ACRES

TRAC T 2

EXISTI NG ZONI NGP D-3

RETAIL / COMMERCIA L / OFFICE, R ETAIL AND INDUSTRIAL

PR OPOSE D ZONINGPD-SUBDISTRICT 2

(LIFESTYLE CENTE R)224.17 G ROSS ACRES

190.69 NET ACRE S

C R A I G

R O A D

FIRST STREET

TRA CT 1BEX ISTING ZONI NG

PD-3RETAIL / COMMERCIAL / OFFIC E,

PROPOSED ZONINGPD -SUBDIS TRICT 1

(REG IONAL RETAIL)46.82 GROS S ACR ES

37.58 NET ACRES

FIRST STREET

FUTURELOVERS LANE

FU TURE RICHAN DDR IVE

C O L E M A N S T R E E T

y-Horn and Associates, Inc.

Allrights reserved FGA 7/19/2011 6810900

EXHIBIT "A"FOR ZONING CASE NO. ________

GATES OF PROSPERBEING 621.07 ACRES OUT OF THE

COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147B. RENISON SURVEY, ABSTRACT NO. 755J. YARNALL SURVEY ABSTRACT NO. 1038

TOWN OF PROSPER, COLLIN COUNTY, TEXAS

Scale Drawn by

DAB1" =300'

Checked by Date Project No

GRAPHICSCALEIN FEET0300' 150' 300' 600'

1"=300'' @ 24"X36"

U.S.STATEHIGHWAY 380

S T A T E H I G H W

A Y N O .

2 8 9

B U R L I N G T O N N O R T H E R N S A N T A

F E R A I L R O A D

C O U N T Y R O A D 7 3

D A L L A S N O R T H T O L L W A Y

( P R E S T O N R O A D )

FIRSTSTREET M c K I N N E Y

C R O C K E T T

SECON DSTREE T

B U S I N E S S

H A L L

C O L L E G E

2 8 9

SITE

LOCATION MAPNOT TO SCALE

Legend

R.P.R.D.C.T. = RealPropertyRecords of Denton County, Texas

P.R.D.C.T. = Plat Recordsof DentonCounty, Texas

ROW= Right-of-WayO.P.R.C.C.T. = OfficialPublicRecordsof Collin County, TexasL.R.C.C.T. = Land Recordsof Collin County, TexasD.R.D.C.T. = Deed Recordsof Denton County, TexasF.L.U.P. = Future Land Use Plan

Note: The throroughfare alignment(s) shown on thisexhibitare for illustration purposesand does not set the alignment.The alignment isdetermined at time of finalplat.

Owner:183 Land Corporation, Inc.8000 Warren ParkwayBldg. 1, Suite 100Frisco, TX 75034Ph. 972-335-6800

Owner:Blue Star Allen Land, L.P.8000 Warren ParkwayBldg. 1, Suite 100Frisco, TX 75034Ph. 972-335-6800

Applicant:Kimley-Horn and Associates, Inc.5750 Genesis Court Suite 200Frisco, TX 75034972-335-3580Fax972-335-3779Contact : FrankAbbott

Dallas, Texas 752521 27 00 P ar k Ce nt ra l Dr iv e, S ui te 1 80 0 T el . No . (9 72

Fax No. (9

8/12/2019 20140527 Tcp


y-Horn and Associates, Inc.

Allrights reserved FGA 7/19/2011 6810900

EXHIBIT "A"FOR ZONING CASE NO. ________

GATES OF PROSPERBEING 621.07 ACRES OUT OF THE

COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147B. RENISON SURVEY, ABSTRACT NO. 755J. YARNALL SURVEY ABSTRACT NO. 1038

TOWN OF PROSPER, COLLIN COUNTY, TEXAS

Dallas, Texas 7525212700 ParkCentral Drive, Suite1800

Scale Drawn by

DAB1" =200'

Tel. No. (9Fax No. (9

Checked by Date Project No

EXHIBIT ALEGAL DESCRIPTION621.07ACRES

BEING of a tract of land out of the EDBRADLEYSURVEY, Abstract No. 86, the COLLINCOUNTYSCHOOL LANDSURVEY, Abstract No. 147, the B. RENISONSURVEY, Abstract No. 755 and the JOHNYARNELL SURVEY, Abstract No. 1038, in theTown of Prosper, Collin County, Texas, being allof the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the123.85 acre Tract Seven, allof the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Tenrecorded in Collin CountyClerk's File No. 97-0005168 of the Land Recordsof Collin County, Texasand being part of the 157.13acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, being allof the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No.20100809000819450 of the OfficialPublic Recordsof Collin County, Texasand being more particularlydescribed asfollows;

BEGINNING at a point for the intersection of the centerline of U.S. Highway380 (variable width ROW) and the centerline of theBurlington Northern Railroad (100' ROWat thispoint);

THENCE corner;

THENCE leaving the centerline of the Burlington Northern Railroad, the following coursesand distancestwo wit:

THENCE with the centerline of First Street, the following coursesand distances to wit:

THENCE leaving said centerline, the following coursesand distancesto wit:

THENCE


THENCE


THENCE


THENCE

THENCE leaving the centerline of said First Street, the following coursesand distancesto wit:

variable width ROW);THENCE

THENCE leaving said east right-of-wayline, he following coursesand distancesto wit:

THENCE with said centerline, the following coursesand distancesto wit: POINT OF BEGINNING and containing 621.07 acresof land.

used to conveyor establish interests in realpropertyexcept those rightsand interestsimplied or established bythe creation or reconfiguration of the boundary of the politicalsubdivision for which it wasprepared.

Owner:183 Land Corporation, Inc.8000 Warren ParkwayBldg. 1, Suite 100Frisco, TX 75034Ph. 972-335-6800

Owner:Blue Star Allen Land, L.P.8000 Warren ParkwayBldg. 1, Suite 100Frisco, TX 75034Ph. 972-335-6800

Applicant:Kimley-Horn and Associates, Inc.5750 GenesisCourt Suite 200Frisco, TX 75034972-335-3580Fax972-335-3779Contact : FrankAbbott

8/12/2019 20140527 Tcp



APPENDIX B — CONCEPTUAL DEVELOPMENT PLAN

EXHIBIT “D”

Item 5g

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


To: Mayor and Town Counci l




Agenda Item:Consider and act upon whether to direct staff to submit a written notice of appeal on behalf ofthe Town Council to the Development Services Department, pursuant to Chapter 4, Section1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning& Zoning Commission on any site plan or preliminary site plan.

Description of Agenda Item: Attached are the site plans and/or preliminary site plans acted on by the Planning & ZoningCommission at their May 20, 2014 meeting. Per the Town’s Zoning Ordinance, the TownCouncil has the ability to direct staff to submit a written notice of appeal on behalf of the TownCouncil to the Development Services Department for any site plan or preliminary site plan actedon by the Planning & Zoning Commission.

At tac hed Doc ument s:1. Site plan for the Warren/Avant-Garde Addn., Blk. A, Lot 1R (430 Business Park Dr.).

Town Staff Recommendation: Town staff recommends the Town Council take no action on this item.


PLANNING

Item 5h

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


Page 1 of 3





Agenda Item:

Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP)for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard,400± feet west of Coit Road. The property is zoned Office (O). (S14-0002).

Description of Ag enda Item:The zoning and land use of the surrounding properties are as follows:

Zoning Current Land Use Future Land Use Plan

SubjectProperty Office Undeveloped Land US 380 District

North Planned Development-2-Multifamily and Office

Multifamily Residential(Estates of Prosper) andUndeveloped Land

US 380 District

East Office Undeveloped Land US 380 District

SouthPlanned Development-2-

Corridor District Undeveloped Land US 380 District

West Planned Development-2-Multifamily

Multifamily Residential(Estates of Prosper) US 380 District

Requested Zoning – S14-0002 is a request for a Specific Use Permit (SUP) for a Child DayCare Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west ofCoit Road. The property is zoned Office (O).

The attached Exhibit B shows the proposed layout which consists of a 1-story, 9,050 squarefoot building, and 22 parking spaces allowing for up to 120 students and 10 teachers. Theattached Exhibit C shows both a 6-foot tall masonry wall and 6-foot tall wrought iron fence withsolid living screen along the western property line. The masonry wall is located on the northern


PLANNING

Item 7

8/12/2019 20140527 Tcp


Page 2 of 3

half of the western property line and wrought iron fence and solid living screen is located on thesouthern half of the western property line. The masonry wall is approximately 200-feet in length,shall be constructed to match the exterior building materials of the main building, includesperimeter plantings in accordance with the Zoning Ordinance, and is located adjacent to theplayground area. The solid living screen, in lieu of a masonry wall, is approximately 200-feet inlength and is not located adjacent to the playground area. The wrought iron fence and solidliving screen is located 15-feet off of the western property line due to an existing sanitary sewereasement and located in a 30-foot landscape setback. The solid living screen consists of onelarge 3-inch caliper evergreen tree, planted on 30-foot centers, and 45-gallon evergreen shrubs,planted on 6 foot centers, 8-foot in height at the time of planting. The attached Exhibit D showsa conceptual rendering depicting the architectural look and style of the building, and any futuredevelopment will be required to meet the non-residential design and development standards ofthe Zoning Ordinance.

The Zoning Ordinance contains four criteria to be considered in determining the validity of aSUP request. These criteria, as well as staff’s responses for each, are below:

1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?

The surrounding properties are multifamily uses to the north and west, undeveloped land tothe north and east zoned for office uses, and undeveloped land zoned for commercial usesto the south. Child Day Care Centers are typically located in less intense zoning districts,such as office districts and residential districts. Therefore, the proposed use is harmoniousand compatible with the surrounding existing and proposed uses.

2. Are the activities requested by the applicant normally associated with the requested use?

The activities requested by the applicant, as shown on Exhibit B, are normally associatedwith the use of a Child Day Care Center.

3. Is the nature of the use reasonable?

The property is zoned Office (O) and the Future Land Use Plan (FLUP) recommends US380 District uses for the property. The proposed use is an appropriate use in the O District,which conforms to the FLUP. Therefore, the nature of the use is reasonable.

4. Has any impact on the surrounding area been mitigated?

The attached Exhibit C provides an adequate screen between uses, which mitigates anyimpact on the surrounding area.

The proposed Child Day Care Center use is harmonious and compatible with the surroundinguses and the proposed uses in the US 380 District. The impact on the surrounding area hasbeen mitigated. Therefore, this request satisfies the Town’s criteria for SUP approval.

Future Land Use Plan – The Future Land Use Plan (FLUP) recommends US 380 District usesfor the property. The FLUP recommends the US 380 District contain a variety of different uses,with the more intense uses being located along US 380 and residential uses to the north beingbuffered by less intense uses, such as office. This request conforms to the FLUP.

Conformance to the Thoroughfare Plan – The property has direct access to Richland Boulevard,an existing four-lane divided thoroughfare. The SUP exhibit complies with the ThoroughfarePlan.

Item 7

8/12/2019 20140527 Tcp


Page 3 of 3

Water and Sanitary Sewer Services – Water and sanitary sewer service have been extended tothe property.

Access – Access to the property is provided from Richland Boulevard. Adequate access isprovided to the property.

Schools – This property is located within the Prosper Independent School District (PISD). It isnot anticipated that a school site will be needed on this property.

Parks – It is not anticipated that this property will be needed for the development of a park.

Environmental Considerations – There is no 100-year floodplain located on the property.

Legal Obligations and Review:Notification was provided to neighboring property owners as required by state law. Town staffhas received one public hearing notice reply form, in opposition to the request.

At tac hed Doc ument s:1. SUP Exhibits A, B, C, and D.2. Zoning map of surrounding area.3. Public hearing notice reply form.

Planning & Zoning Commission Recommendation: At their May 7, 2014, meeting, the Planning & Zoning Commission recommended the TownCouncil approve a request for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4±acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road, by a voteof 4-0.

Town Staff Recommendation:Town staff recommends the Town Council approve the request for a Specific Use Permit (SUP)

for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard,400± feet west of Coit Road.

Proposed Motion:I move to approve the request for a Specific Use Permit (SUP) for a Child Day Care Center on1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road.

Item 7

8/12/2019 20140527 Tcp


740

745

745

745

745

745

745

1 in c h = 3 0 f t .

30 0 15

P O W E R P O L EP

LEGEND

FIR

MH

F O U N D I R O N R O D

SAN. SEW. MANHOLE

WM

WV

CO C L E A N O U T

WATER VALVE

WATER METER

F H F IR E HYD R ANT

OVER HEAD P OWER LINE

W WATER LINE

OHE

SS

T

G

C

S A N . S E W E R L I N E

TELEP HONE LINE

G A S L I N E

C ONDUIT

OHE

8 SS

L I G H T P O L ELP

8 W

T

2 C

6 O A K TR EE

GUY GUY WIR E

TT E L M H

5 84

TELEP HONE MANHOLE

B ENC H MAR K

T E L E P H O N E P E D E S TA L

AS P HALT PAVEMENT

SIR SET IRON ROD

TEL TELEPHONE - FIBER OPTIC LINE

GM G A S M E T E R

G

B US H

TEL-PED

CP

FHP

GUYPP

I NL E T

LP

PP

FH

LP

SSMH

LLE

6 . 4 5

RES

TR T

2 )

TER

IELI

E ES

T.

IY

O I

VIG

TEX S

VOLU

E 5168

GE 2 9 3 5

.

.

.

.

.

V RI

LE

ITH

N

E .

E T.

O .

2 6 2 16

2 9 3 1

O . 2

6 12 12 2 174 5 4 2

R I C H N D V D . V R I I T H R .O . .)VO . 2 6 P G . 83 7

. 3

S 88 5

N4957

41

E

1

R IG GE

ES T

VOL6 7 2

G.

4 5 8

W/CA P

S A M P D

D

1/2 FIR

W /CAP

S A M P D

D

15 ’ SA N I TA RY SE W E R E SMT.

DOC. NO. 20061212001745630

WAT E R L I N E E A SE ME N T

DOC. NO. 20061212001745620

LOT 3, BLOCK A

1.433 ACRES

(62,410 SQ. FT.)

S 8 4 4 5 7

5 7

4

2

44

23

4 4 .2

4 7 . 5

4 3 1 .2 9

1/2 FIR

W H A P S A M P D

J B

N 884 5 3 7 .

S 0 1 5 ’ 1 5 E7.29’

N4 957

1

E

2 4 2 .2

S 88 5 1/2 FIR

W /CAP

S A M P D

D

1/2 FIR

W/CAP

S A M P D

D

1 /2 FIR

W/CAP

S A M P D

D

1 /2 FIR

W/CA P

S T M P E D

D

15 S NI

RY SE

ER

ES T.

O .

NO.

2 6 12 12

174 5 6 3

30

BM

746.46

2

A

C

5

D

PROJECT

SHEET NO:

DRAWN:

DATE:

REVISIONS

3 4

2 53 4

PRO

T

T

0 3 . 3 1 . 2

SEAL:

B

ARC

ASSOPLANNING-

OWNER:

BM

E-mai l : my

RICHARDS

Mohamme

3705 HAC

E - m a i l : m

Cell:(214)73

13601 Presto

Web Site: d1

NGE

GE

INVES

CONSULTAN

FLOOD STATEMENT: According to Community Panel No. 48085C0235 J, dated J une 2,

2009 of the Federal Emergency Management Agency, National Flood Insurance Program

Map, this property is within Flood Zone X , (areas determined to be outside 500-year

f lo o d p lain ) , wh ich is n o t a sp ecial f lo o d h azard ar ea . I f th is site is n o t with in an

id en tif ied sp ecial f lo o d h azard ar ea , th is f lo o d sta tem en t d o es n o t im p ly th at th e

p ro p er ty an d /o r th e stru ctu res th ereo n will b e f r ee f ro m f lo o d in g o r f lo o d d am ag e. On

rare o ccasio n s, g r eater f lo o d s can an d will o ccu r an d f lo o d h eig h ts m ay b e in creased

b y m an -m ad e o r n atu ral cau ses. Th is sta tem en t sh all n o t cr eate liab ility o n th e p ar t

o f th e Su rv ey o r.

NOT E S

Being all that tract of land in the Town of Prosper, Collin County, Texas, being a part

of the H. JAMISON SURVEY, ABSTRACT No. 480, and being a Lot 3, Block A of

Whispering Gables Addition, an addition to the Town of Prosper, recorded in Volume

2007, Page 674 of the Plat Records, Collin County, Texas, and being further described

as follows:

BEGINNING at a one-half inch iron rod with yellow cap stamped J&B found at the

so u th west co rn er o f sa id Lo t 3 an d in th e n o r th lin e o f Rich lan d Bo u lev ard ( a v ar iab le

width right-of-way) as recorded in Volume 2006, Page 837, Collin County Plat Records,

a lso b ein g th e m o st so u th easter ly co rn er o f Lo t 2 R, Blo ck A o f Th e Estates an d

Mansions of Prosper Addition, an addition to the Town of Prosper, recorded in Volume

2 0 1 0 , Pag e 3 4 6 , Pla t r eco rd s, Co llin Co u n ty, Tex as, a lso b ein g in th e so u th east l in e o f

a pipeline easement granted to the City of Irving, Texas as recorded in Volume 5168,

Page 2935, Collin County Deed Records;

THENCE North 49 degrees 57 minutes 41 seconds East, 431.29 feet along the

so u th east l in es o f sa id Lo t 2 R, an d said so u th east l in e o f p ip elin e easem en t to a

one-half inch iron rod with yellow cap stamped DAA found for corner;

THENCE South 40 degrees 02 minutes 44 seconds West, 123.71 feet departing the said

so u th east l in es o f Lo t 2 R, an d said s o u th east l in e o f p ip elin e easem en t to a o n e-h alf

inch iron rod with yellow cap stamped DAA found for corner;

THENCE So u th 0 1 d eg rees 2 5 m in u tes 1 5 seco n d s East, 1 7 2 .5 3 f eet to a o n e-h alf

inch iron rod with yellow cap stamped DAA found in the said north line of Richland

Boulevard for corner;

THENCE South 88 degrees 34 minutes 45 seconds West, 414.20 and along the said

north line of Richland Boulevard to the POINT OF BEGINNING and containing 62,410

square feet or 1.433 acres of land.

LEGAL DESCRIPTION

N

B O U N D A R Y S U R V E Y

G I N N I N G

POI NT O

387 TO CO IT ROAD

ERNEST HEDGCOTH

R E G I S T E R E D P R O F E S S I O N A L L A N D S U RV E Y O R , N O . 2 8 0 4

2804

ERNEST HEDGCOTHRNEST HEDGCOTH

2804

E N G

m o

M9

XH T

L O T 1 , B L O C K A

1.837 ACRES

(80,051 SQ. FT.)

LAND USE: UNDEVELOPED

ZONING: OFFICE

LOT 2, BLOCK A

1.934 ACRES

(84,237 SQ. FT.)

LAND USE: UNDEVELOPED

ZONING: OFFICE

VACANT

R E M A I N D E R O F

M U S TA N G - M I D WAY P L A N O , LT D .

DOC. NO. 9 6 -0 0 3 8 7 5 3

L A N D U S E : U N D E V E L O P E D

ZONING: PD-2 (COR.)

ULTI

IY

LOT 2 R

LO K

THE EST

TES

N

NSIONS

O ROS ER

VOL.

2

GE 3 4 6

R T

ESTERN

RI

INVESTO

RS 2

7 -4

L

L N USE

ULTI

IY

ZONING

-2

ULTI

IY)

IE

L NE

VOL.

2 1

GE 3 4 6

R T

L O C AT I O N M A P

NTS

D L

S

P RKW Y

SITE

P R OS P E R T R AI L

E. 1ST. STREET

COL

N S

COI

RD.

CUS

RD.

LV L

U.S. 380

RICHLAND

BLVD.

R O C K H I L L PKWY.

VIRGINIA PKWY.

S

RE

N RD.

S 25

2

3

SSMH

FH

1 =4 0’

C ONTAC T:MORI AKHAVAN 972-816-2626m o kh v n y h oo

o m

ORI E N G I N E E R I N G , I N C .

2616 Pickwick Lane P l a n o , Te x a s 7 5 0 9 3

P R P A R D B Y

D TE SC LE

T O W N O F P R O S P E R , C O L L I N C O U N T Y, T E X A S

H. JAMISON SURVEY, ABSTRACT No. 480

FOR

C O N TA C T :

A P R 2 4

77

W H I S P E R I N G G A B L E S A D D I T I O N LOT 3, BLOCK A, 1.433 ACRES

N O N T O

BM CAPITALINVESTMENT GROUP LL3705 HAC KB ER RY LN.RICHARDSON, TX. 75082

Mohammed Younus (214)762 0246

E-mai l : myounus@goldenbank. com

O W N E R

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


S14-0002

O

C

C

MFPD-2

SFPD-25

SF-10PD-6

CORPD-2

RPD-38COR

PD-2 CS-4

CS-2

CS-2/S-4

S C O I T R D

E UN IVER SITY DR

RICH LAN D BLV D

S O M E

R V I L L

E D R

P R O S P E R C O M M O N S B L V D

T W I N B U

T T E S

D RL I V I N G S T O N D R

C A L A V E R A S C T R O W H E A D D R

0 175 350 525

Feet

1 inch = 350 feet

Item 7

8/12/2019 20140527 Tcp


Item 7

8/12/2019 20140527 Tcp



From: Robyn Battle, Town Secretary



Agenda Item:Consider and act upon the election of a Mayor Pro-Tem and Deputy Mayor Pro-Tem.

Description of Ag enda Item:The Town Charter requires that the Town Council elect from among its members a Mayor Pro-Tem and Deputy Mayor Pro-Tem at the first regular meeting following the election of TownCouncil Members. The Mayor Pro-Tem shall act as Mayor during the disability or absence ofthe Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence ofthe Mayor and Mayor Pro-Tem.

Town Staff Recommendation:Town staff recommends that the Town Council elect a Mayor Pro-Tem and a Deputy Mayor Pro-Tem.

Proposed Motion:

I move to appoint ________________ as Mayor Pro-Tem, and ________________ as DeputyMayor Pro-Tem.


ADMINISTRATION

Item 8

8/12/2019 20140527 Tcp


Page 1 of 4



From: Frank E. Jaromin, P.E., Director of Public Works



Agenda Item:Consider and act upon an ordinance approving the Water Conservation and DroughtContingency and Water Emergency Response Plan for the Town of Prosper, amending article

13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,”of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, and amending Appendix A of theTown’s Code of Ordinances by adding thereto a new section XVII, “Water Conservation andEnforcement Fees.”

Description of Agenda Item:The Town of Prosper’s Water Conservation and Drought Contingency and Water EmergencyResponse Plan was updated in 2011. The Town is required to update the plan every five yearsby the Texas Commission on Environmental Quality (TCEQ).

The North Texas Municipal Water District (NTMWD) has proposed an updated 2014 WaterResource and Emergency Management and Water Conservation Plan with three water use

reduction stages for adoption by the Member and Customer Cities, but will not institute the newplan until the water restrictions are lifted. To eliminate confusion, Town staff is updating theexisting Town’s 2011 Water Conservation and Drought Contingency and Water EmergencyResponse Plan, which continues to recognize the existing four water use reduction stages.Once drought restrictions are lifted by NTMWD, Town staff will submit, for Town Councilapproval, the updated NTMWD 2014 Water Resource and Emergency Management and WaterConservation Plan and Drought Contingency Plan.

The Water Conservation and Drought Contingency and Water Emergency Response Plan arebased on the Texas Administrative Code in effect on August 31, 2007. The TCEQ implementedregulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in 2007by the 80 th Texas Legislature. The regulations have been considered in the preparation of this

plan. The following items are presented in the regulations: A definition for “best management practices.” A copy of the plan must be submitted to the Executive Administrator of the Texas Water

Development Board. An annual progress report will be required to be submitted to the Texas Water

Development Board. (The annual report may be in a different format than the annual reportincluded in Appendix I).

Requirement that water suppliers providing service to 3,300 or more connections mustprepare a Water Conservation Plan.

Enforcement authority in relation to violations of the rules regulating water conservationplans and annual report is provided to the Texas Water Development Board.

PUBLIC WORKS

Item 9

8/12/2019 20140527 Tcp


Page 2 of 4

The existing 2011 and proposed 2014 Water Conservation and Drought Contingency and WaterEmergency Response Plan, recognizes four water use reduction stages as follows:

Stage 1: The goal for water use reduction under Stage 1 is a two percent (2%) reduction in theamount of water obtained from NTMWD. Ask the public to follow voluntary landscape watering schedules.

Stage 2: The goal for water use reduction under Stage 2 is a five percent (5%) reduction in theamount of water obtained from NTMWD. Limit landscape watering with sprinklers or irrigation systems to no more than two days per

week.

Stage 3: The goal for water use reduction under Stage 3 is a ten percent (10%) reduction in theamount of water obtained from NTMWD. Limit landscape watering with sprinklers or irrigation systems at each service address to no

more than one day per week on designated days between April 1 – October 31. Limit landscape watering with sprinklers or irrigation systems at each service address to no

more than one day every two weeks on designated days between November 1 – March 31.

Stage 4: The goal for water use reduction under Stage 4 is a reduction of whatever amount isnecessary in the amount of water obtained from NTMWD. Prohibit commercial and residential landscape watering, except that foundations and trees

may be watered for 2 hours on any day with a hand-held hose, a soaker hose, or adedicated zone using a drip irrigation system.

Prohibit the irrigation of new landscaping using treated water. Prohibit the permitting of private pools.

Registered and properly functioning ET/Smart irrigation systems and drip irrigation systems cannotallow irrigation to occur more than once every seven days or the current restriction, whichever ismore restrictive.

Currently, NTMWD has not imposed fee increases to the Town for exceeding the goals set forreduction in water use. In the recent contract amendment between the Town of Prosper andNTMWD related to the upsizing of our service connection meter from an 8” to a 12”, NTMWD isproposing implementing fee increases for water usage over the goals set for reduction. Theproposed ordinance allows the Town the ability to exercise the following administrativeremedies for violations of the Town Plan against single family water account holders, businessand professional parks, homeowners’ associations, apartments, home builders, landdevelopers, and entities. Implementation of the following administrative remedies is anticipatedto coincide with NTMWD’s enforcement of fee increases for water usage over the goals set forreduction.

Admi ni st rat ive Fees : The following administrative fees that will be added to the customer’sregular monthly Town utility bill shall apply:

First Offense Written WarningSecond Offense $100Third Offense and Subsequent Offenses $300

Item 9

8/12/2019 20140527 Tcp


Page 3 of 4

Prior to implementation, the following outreach program will be conducted by staff to helpeducate our water customers:

1) Staff will provide all customers detailed information and direction to the Town’s websitewithin their water bills starting June 20, 2014, and again July 20, 2014.

2) Place signage at all major intersections by June 15, 2014.3) Post the water restrictions in the weekly Resident Updates and on Facebook starting on

June 1, 2014.4) Staff will meet with local organizations such as Chamber, Rotary, and seniors during

June and July to help get the word out.5) Utilize NTMWD’s customer information bulletins.

Contesting Violations : A water customer may request a hearing before a hearing officer(s)appointed by the Executive Director of Development and Community Services within fifteen (15)business days after the date on the Notice. The hearing officer(s) shall evaluate all informationoffered by the petitioner at the hearing. The customer shall bear the burden of proof to showwhy, by preponderance of the evidence, the administrative fee should not be assessed. Thehearing officer(s) shall render a decision in writing within three (3) business days of theconclusion of the hearing. A customer may appeal the decision from the hearing officer(s) inwriting to the Executive Director of Development and Community Services within three (3)

business days of the conclusion of the hearing. The decision by the Executive Director ofDevelopment and Community Services is final and binding.

Legal Obligations and Review:Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form andlegality.

At tac hed Doc ument s:1. Ordinance2. Water Conservation and Drought Contingency and Water Emergency Response Plan

Local Restriction Enforcement ComparisonOffenseNumber Frisco McKinney Plano Allen Denton

ProposedProsper

1st

Systemdisconnection

and $25.00 fee WarningCourtesy tag

warning $200.00 fee WarningCourtesy tag

warning

2nd

Systemdisconnection

and $50.00 fee $50.00 fee

Certifiedletter from

city; warningthat they

could end upwith a

$150.00 fee $400.00 fee Warning $100.00 fee

3rd

Systemdisconnection

and $75.00 fee;issuance of a

citation $100.00 fee

Irrigationmay beblocked $600.00 fee

Letter and$250.00 fine $300.00 fee

4th $150.00 fee$2000.00

feeLetter and

$500.00 fine $300.00 fee

5th andMore

Codeenforcementtakes over.

Letter and$1,000.00

fine $300.00 fee

Item 9

8/12/2019 20140527 Tcp


Page 4 of 4

Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance approvingthe Water Conservation and Drought Contingency and Water Emergency Response Plan for theTown of Prosper, amending article 13.05, “Water Conservation and Drought Contingency andWater Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances,and amending Appendix A of the Town’s Code of Ordinances by adding thereto a new sectionXVII, “Water Conservation and Enforcement Fees.”

Proposed Motion: I move to approve an or dinance approving the Water Conservation and Drought Contingencyand Water Emergency Response Plan for the Town of Prosper, amending article 13.05, “WaterConservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13,“Utilities,” of the Town’s Code of Ordinances, and amending Appendix A of the Town’s Code ofOrdinances by adding thereto a new section XVII, “Water Conservation and Enforcement Fees.”

Item 9

8/12/2019 20140527 Tcp


TOWN OF PROSPER, TEXAS ORDINANCE NO. 14- __

AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ARTICLE 13.05, “ WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN,” OF CHAPTER 13,“ UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES, AND AMENDING

APPENDIX A TO THE TOWN’S CODE OF ORDINANCES BY ADDINGTHERETO A NEW SECTION XVII, “ WATER CONSERVATION ANDENFORCEMENT FEES”; ADOPTING A WATER CONSERVATION ANDDROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN;ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OFDROUGHT RESPONSE STATES; ESTABLISHING RESTRICTIONS ONCERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATIONOF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDINGFOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDINGFOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FORTHE PUBLICATION OF THE CAPTION HEREOF.

WHEREAS , the Town of Prosper, Texas (the “Town”), recognizes that the amount ofwater available to its water customers is limited; and

WHEREAS , the Town recognizes that due to natural limitations, drought conditions,system failures and other acts of God which may occur, the Town cannot guarantee anuninterrupted water supply for all purposes at all times; and

WHEREAS , the Texas Water Code and the regulations of the Texas Commission onEnvironmental Quality (the “Commission”) require that the Town adopt a Drought ContingencyPlan; and

WHEREAS , the Town has determined an urgent need in the best interests of the publicto adopt a Drought Contingency Plan; and

WHEREAS , pursuant to Chapters 51 and 54 of the Texas Local Government Code, theTown is authorized to adopt any such ordinances necessary to preserve and conserve its waterresources; and

WHEREAS , the Town Council of the Town of Prosper, Texas (“Town Council”), desiresto adopt an updated Water Conservation and Drought Contingency and Water EmergencyResponse Plan for the Town of Prosper as official Town policy for water conservation; and

WHEREAS , the Town Council has investigated and determined that it will be

advantageous and beneficial to the citizens of Prosper and will protect the public health, safetyand welfare to adopt a drought contingency plan.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OFPROSPER, TEXAS, THAT:

Item 9

8/12/2019 20140527 Tcp


Ordi nance No. 14-__, page 2

SECTION 1

The findings set forth above are incorporated into the body of this Ordinance as if fullyset forth herein.

SECTION 2

From and after the effective date of this Ordinance, Section 13.05, “Water Conservationand Drought Contingency and Water Emergency Response Plan” of Chapter 13, “Utilities,” ofthe Town’s Code of Ordinances is hereby amended to read as follows:

“Sec. 13.05.001 Plan Adopted

The Town Council hereby approves and adopts for the town, its citizens and water customersthe new Water Conservation and Drought Contingency and Water Emergency Response Plan(the “Plan”), attached to this Ordinance 14-__ as Exhibit A and incorporated herein for allpurposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office.

Sec. 13.05.002 Penalty

Any customer, defined pursuant to 30 Texas Administrative Code Chapter 291, failing to complywith the provisions of the Plan shall be subject to a fine of up to two thousand dollars($2,000.00) per day per occurrence and/or discontinuance of water service by the Town. Proofof a culpable mental state is not required for a conviction of an offense under this section. Eachday a customer fails to comply with the Plan is a separate violation. The Town’s authority toseek injunctive or other civil relief available under the law is not limited by this section.

Sec. 13.05.003 Adminis trative Remedies

The Town may elect to exercise the following administrative remedies for violations of the Plan

in lieu of pursuing criminal penalties against single family water account holders, business andprofessional parks, homeowners’ associations, apartments, home builders, land developers,and any other entities.

(a) Adminis trative Fees. Administrative fees shall be added to the customer’sregular monthly Town utility bill, as established in Appendix A to this code.

(b) Contesting Violations. A water customer as defined above may request ahearing before a hearing officer(s) appointed by the Executive Director of Development andCommunity Services within fifteen (15) business days after the date on the Notice. The hearingofficer(s) shall evaluate all information offered by the petitioner at the hearing. The customershall bear the burden of proof to show why, by preponderance of the evidence, the

administrative fee should not be assessed. The hearing officer(s) shall render a decision inwriting within three (3) business days of the conclusion of the hearing. A customer may appealthe decision from the hearing officer(s) in writing to the Executive Director of Development andCommunity Services within three (3) business days of the conclusion of the hearing. Thedecision by the Executive Director of Development and Community Services is final andbinding.

Item 9

8/12/2019 20140527 Tcp



(c) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days fromthe date on the Notice, the customer has not requested an administrative hearing to contest theassessment of an administrative fee or paid the administrative fee, the Town shall apply andcharge the assessed administrative fee to the customer’s next Town Utility Bill.”

SECTION 3

The Town Council hereby approves and adopts the Water Conservation and DroughtContingency and Water Emergency Response Plan (the “Plan”) as modified for the Town ofProsper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits toimplement the requirements and procedures set forth in the adopted Plan.

SECTION 4

From and after the effective date of this Ordinance, Appendix A to the Town’s Code ofOrdinances is amended by adding thereto a new Section XVII, “Water Conservation andEnforcement Fees,” to read as follows:

“Sec. XVII Water Conservation and Enforcement Fees

Adm inis tr ative Fees. Administrative fees for violations to the Town’s Water Conservation andDrought Contingency and Emergency Water Response Plan shall be added to water accountholders’ regular monthly Town utility bill as follows:

First Offense Warning /Online 40 Gallon ChallengeSecond Offense $100Third Offense and Subsequent offenses $300

Unpaid assessed administrative fees related to violations of water use restrictions under theTown Plan shall incur late payment penalties and may result in termination of water service.”

SECTION 5

All provisions of any ordinance in conflict with this Ordinance are hereby repealed to theextent they are in conflict; but such repeal shall not abate any pending prosecution for violationof the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced forany violation if occurring prior to the repeal of the ordinance. Any remaining portions of saidordinances shall remain in full force and effect.

SECTION 6

If any section, subsection, sentence, clause or phrase of this Ordinance is for any

reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decisionshall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declaresthat it would have passed this Ordinance, and each section, subsection, clause or phrasethereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,and phrases be declared unconstitutional.

Item 9

8/12/2019 20140527 Tcp



SECTION 7

Filing of Ordinance and Plan with Commission. The Town Manger or his designee ishereby directed to file a copy of the Plan and this Ordinance with the Commission in accordancewith Title 30, Chapter 288 of the Texas Administrative Code, as amended.

SECTION 8

Any person, firm, corporation or business entity violating this Ordinance shall be deemedguilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding TwoThousand Dollars ($2,000.00), and each and every day that such violation continues shall beconsidered a separate offense; provided, however, that such penal provision shall not precludea suit to enjoin such violation. The Town of Prosper retains all legal rights and remediesavailable to it pursuant to local, state and federal law.

SECTION 9

This Ordinance shall take effect and be in full force from and after its passage andpublication, as provided by the Revised Civil Statutes of the State of Texas and the Home RuleCharter of the Town of Prosper, Texas

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OFPROSPER, TEXAS ON THIS 27TH DAY OF MAY, 2014.

APPROVED:

________________________________Ray Smith, Mayor

ATTEST:

___________________________________Robyn Battle, Town Secretary


__________________________________Terrence S. Welch, Town Attorney

Item 9

8/12/2019 20140527 Tcp


__________________________________

Frank E. Jaromin, P.E.

Prepared by:

Frank E. Jaromin, P.E.

Prosper Public Works

Prosper Texas

972.347.9969

WATERCONSERVATION

AND DROUGHTCONTINGENCYAND WATEREMERGENCYRESPONSE PLAN

May 2014

Item 9

8/12/2019 20140527 Tcp


FORWARD

This water conservation and drought contingency and water emergency response planwas prepared by Freese and Nichols for the North Texas Municipal Water District(NTMWD). It is intended to be used as a guide by NTMWD Member Cities andCustomers as they develop their own water conservation and drought contingency andwater emergency response plans. The model plan was prepared pursuant to TexasCommission on Environmental Quality rules. Some material is based on the existingwater conservation plans listed in Appendix A. To develop a regional approach, theconservation plans for the City of Fort Worth and the City of Dallas were consulted.

Questions regarding this model water conservation and drought contingency and wateremergency response plan should be addressed to the following:

Tom Gooch, P.E. Stephanie Griffin, P.E. Denise HickeyFreese and Nichols, Inc. Freese and Nichols, Inc. North Texas Municipal(817) 735-7300 (817) 735-7300 Water [email protected] [email protected] (972) 442-5405

[email protected]

The model water conservation and drought contingency and water emergency response plan is based on the Texas Administrative Code in effect on August 31, 2007. The TexasCommission on Environmental Quality (TCEQ) is currently preparing additionalregulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in2007 by the 80 th Texas Legislature. The draft regulations have been considered in the

preparation of this plan. The following items are presented in the draft regulations andare not currently in the regulations:

A definition for “best management practices” will be added. A copy of the plan must be submitted to the Executive Administrator of the Texas

Water Development Board. An annual progress report will be required to be submitted to the Texas Water

Development Board. (The annual report may be in a different format than the annualreport included in Appendix I).

Requirement that water suppliers providing service to 3,300 or more connectionsmust prepare a water conservation plan.

Enforcement authority in relation to violations of the rules regulating waterconservation plans and annual report is provided to the Texas Water DevelopmentBoard.

None of the proposed adjustments will cause this model plan to be obsolete. The mostcurrent annual report form should be obtained from TCEQ when preparing the annualreport (Appendix I) to submit to the TCEQ. A copy of the annual report should be sent tothe Texas Water Development Board as well as to the TCEQ.

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


Water Conservation and Drought Town of ProsperContingency and Water Emergency Response Plan

1-1

Water Conservation and Drought Contingency and Water EmergencyResponse Plan for Town of Prosper

May 2014

1. INTRODUCTION AND OBJECTIVES

Water supply has always been a key issue in the development of Texas. In recent years, thegrowing population and economic development of North Central Texas has led to increasingdemands for water supplies. At the same time, local and less expensive sources of watersupply are largely developed. Additional supplies to meet higher demands will beexpensive and difficult to develop. It is therefore important that the Town of Prosper makethe most efficient use of existing supplies. This will delay the need for new supplies,minimize the environmental impacts associated with developing new supplies, and delay thehigh cost of additional water supply development.

Recognizing the need for efficient use of existing water supplies, the Texas Commission onEnvironmental Quality (TCEQ) has developed guidelines and requirements governing thedevelopment of water conservation and drought contingency plans for public watersuppliers. 1, 2 TCEQ guidelines and requirements are included in Appendix B. The bestmanagement practices established by the Water Conservation Implementation Task Force 3,established pursuant to SB1094 by the 78 th Legislature, were also considered in thedevelopment of the water conservation measures. The North Texas Municipal WaterDistrict (NTMWD) has developed this model water conservation and drought contingencyand water emergency response plan for its Member Cities and Customers following TCEQguidelines and requirements. This water conservation and drought contingency and wateremergency response plan was developed in concert with the NTMWD’s water conservation

and drought contingency and water emergency response plan. 4 This model waterconservation and drought contingency and water emergency response plan replaces themodel plans dated November 2011.

The water conservation sections of this plan include measures that are intended to result inongoing, long-term water savings. The drought contingency and water emergency responsesections of this plan address strategies designed to temporarily reduce water use in responseto specific conditions.

The objectives of this model water conservation plan are as follows: To reduce water consumption from the levels that would prevail without

conservation efforts. To reduce the loss and waste of water. To improve efficiency in the use of water.

1 Superscripted numbers match references listed in Appendix A.

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



2-1

2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES

2.1 Conservation Plans

The TCEQ rules governing development of water conservation plans for public watersuppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of theTexas Administrative Code, which is included in Appendix B. For the purpose of theserules, a water conservation plan is defined as “A strategy or combination of strategies forreducing the volume of water withdrawn from a water supply source, for reducing the lossor waste of water, for maintaining or improving the efficiency in the use of water, forincreasing the recycling and reuse of water, and for preventing the pollution of water.” 1 Theelements in the TCEQ water conservation rules covered in this conservation plan are listed

below.

Minimum Conservation Plan Requirements

The minimum requirements in the Texas Administrative Code for Water Conservation Plansfor Public Water Suppliers are covered in this report as follows: 288.2(a)(1)(A) – Utility Profile – Section 3 and Appendix C 288.2(a)(1)(B) – Specification of Goals – Section 4 288.2(a)(1)(C) – Specific, Quantified Goals – Section 4 288.2(a)(1)(D) – Accurate Metering – Sections 5.1 and 5.2 288.2(a)(1)(E) – Universal Metering – Section 5.2 288.2(a)(1)(F) – Determination and Control of Unaccounted Water – Section 5.4

288.2(a)(1)(G) – Public Education and Information Program – Section 6 288.2(a)(1)(H) – Non-Promotional Water Rate Structure – Section 7 288.2(a)(1)(I) – Reservoir System Operation Plan – Section 8.1 288.2(a)(1)(J) – Means of Implementation and Enforcement – Section 9 288.2(a)(1)(K) – Coordination with Regional Water Planning Group – Section 8.7

and Appendix F 288.2(c) – Review and Update of Plan – Section 10

Conservation Additional Requirements (Population over 5,000)

The Texas Administrative Code includes additional requirements for water conservation plans for drinking water supplies serving a population over 5,000:

288.2(a)(2)(A) – Leak Detection, Repair, and Water Loss Accounting – Sections5.4, 5.5, and 5.6

288.2(a)(2)(B) – Record Management System – Section 5.3

Item 9

8/12/2019 20140527 Tcp



2-2

288.2(a)(2)(C) – Requirement for Water Conservation Plans by WholesaleCustomers – Section 8.6

Additional Conservation Strategies

The TCEQ requires that a water conservation implementation report be completed andsubmitted on an annual basis. This report is included in Appendix I.

In addition to the TCEQ required water conservation strategies, the NTMWD also requiresthe following strategy to be included in the Town of Prosper plans: 288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations –

Section 8.4 and Appendix E

TCEQ rules also include optional, but not required, conservation strategies, which may beadopted by suppliers. The NTMWD recommends that the following strategies be includedin the Town of Prosper’s water conservation plans:

288.2(a)(3)(A) – Conservation Oriented Water Rates – Section 7 288.2(a)(3)(B) – Ordinances, Plumbing Codes or Rules on Water-Conserving

Fixtures – Section 8.3 288.2(a)(3)(C) – Replacement or Retrofit of Water-Conserving Plumbing Fixtures –

Section 8.5 288.2(a)(3)(D) – Reuse and Recycling of Wastewater – Section 8.2 288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations –

Section 8.5 and Appendix E 288.2(a)(3)(G) – Monitoring Method – Section 5.6 288.2(a)(3)(H) – Additional Conservation Ordinance Provisions – Section 8.5

2.2 Drought Contingency Plans

The TCEQ rules governing development of drought contingency plans for public watersuppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of theTexas Administrative Code, a current copy of which is included in Appendix B. For the

purpose of these rules, a drought contingency and water emergency response plan is definedas “a strategy or combination of strategies for temporary supply and demand managementresponses to temporary and potentially recurring water supply shortages and other watersupply emergencies.” 2

Item 9

8/12/2019 20140527 Tcp



3-1

3. WATER UTILITY PROFILE

Appendix C to this model water conservation and drought contingency and wateremergency response plan is a sample water utility profile based on the format recommended

by the TCEQ. In adopting this model water conservation plan, the Town of Prosper will provide a draft water utility profile to NTMWD for review and comment. A final waterutility profile will be provided to NTMWD.

Item 9

8/12/2019 20140527 Tcp



4-1

4. SPECIFICATION OF WATER CONSERVATION GOALS

TCEQ rules require the adoption of specific water conservation goals for a waterconservation plan. As part of plan adoption, the Town of Prosper must develop 5-year and

10-year goals for per capita municipal use. These goals should be submitted to NTMWD indraft form for review. The goals for this water conservation plan include the following: Maintain the per capita municipal water use below the specified amount in gallons

per capita per day in a dry year, as shown in the completed Table 4.1. Maintain the level of unaccounted water in the system below 12 percent annually in

2014 and subsequent years, as discussed in Section 5.4. (The 12 percent goal forunaccounted water is recommended but is not required. Systems with long distances

between customers may adopt a higher unaccounted water goal.) Implement and maintain a program of universal metering and meter replacement and

repair, as discussed in Section 5.2.

Increase efficient water usage through a water conservation ordinance, order orresolution as discussed in Section 8.4 and Appendix E. (This ordinance is required

by the NTMWD.) Decrease waste in lawn irrigation by implementation and enforcement of landscape

water management regulations, as discussed in Section 8.5. (These landscape watermanagement regulations are recommended but are not required.)

Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program, as discussed in Section 6.

Develop a system specific strategy to conserve water during peak demands, thereby

reducing the peak use.Table 4.1

Five-Year and Ten-Year Municipal Per Capita Water Use Goals (gpcd)

DescriptionCurrentAverage(gpcd)

5-YearGoal

(gpcd)

10-YearGoal

(gpcd)Current 5-Year Average Per Capita MunicipalUse with Credit for Reuse 161.42 170 155

Expected Reduction due to Low-FlowPlumbing Fixtures 0 0 0

Projected Reduction Due to Elements in thisPlan 0 0 0

Water Conservation Goals (with credit forreuse) 161.42 170 155

Item 9

8/12/2019 20140527 Tcp



5-1

5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTEDWATER, AND LEAK DETECTION AND REPAIR

One of the key elements of water conservation is tracking water use and controlling losses

through illegal diversions and leaks. It is important to carefully meter water use, detect andrepair leaks in the distribution system and provide regular monitoring of unaccounted water.

5.1 Accurate Metering of Treated Water Deliveries from NTMWD

Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of±2%. These meters are calibrated on a monthly basis by NTMWD to maintain the requiredaccuracy.

5.2 Metering of Customer and Public Uses and Meter Testing, Repair, andReplacement

The provision of water to all customers, including public and governmental users, should bemetered. In all cases, the Town of Prosper already meters retail and wholesale water users.Most the Town of Prosper test and replace their customer meters on a regular basis. Allcustomer meters should be replaced on a minimum of a 15-year cycle. The Town of Prosperwill have a meter testing and replacement program implement over the next three years.

5.3 Record Management System

As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), arecord management system should allow for the separation of water sales and uses intoresidential, commercial, public/institutional, and industrial categories. The Town of Prosper

intends to implement a system to separate water sales in the next utility update. Thisinformation should be included in an annual water conservation report, as described inSection 5.6 below.

5.4 Determination and Control of Unaccounted Water

Unaccounted water is the difference between water delivered to the Town of Prosper from NTMWD (and other supplies, if applicable) and metered water sales to customers plusauthorized but unmetered uses. (Authorized but unmetered uses would include use for firefighting, releases for flushing of lines, uses associated with new construction, etc.)Unaccounted water can include several categories:

Inaccuracies in customer meters. (Customer meters tend to run more slowly as theyage and under-report actual use.) Accounts which are being used but have not yet been added to the billing system. Losses due to water main breaks and leaks in the water distribution system. Losses due to illegal connections and theft. (Included in Appendix G.) Other.

Item 9

8/12/2019 20140527 Tcp



5-2

Measures to control unaccounted water should be part of the routine operations of the Townof Prosper. Maintenance crews and personnel should look for and report evidence of leaksin the water distribution system. A leak detection and repair program is described in Section5.5 below. Meter readers should watch for and report signs of illegal connections, so theycan be quickly addressed.

Unaccounted water should be calculated in accordance with the provisions of Appendix C.With the measures described in this plan, The Town of Prosper should maintainunaccounted water below 12 percent in 2014 and subsequent years. If unaccounted waterexceeds this goal, the Town of Prosper should implement a more intensive audit todetermine the source(s) of and reduce the unaccounted water. The annual conservationreport described below is the primary tool that should be used to monitor unaccountedwater.

5.5 Leak Detection and Repair

As described above, town crews and personnel should look for and report evidence of leaks

in the water distribution system. In areas of the water distribution system in whichnumerous leaks and line breaks occur should be targeted for replacement as funds areavailable.

5.6 Monitoring of Effectiveness and Efficiency - Annual Water ConservationReport

Appendix D is a form that should be used in the development of an annual waterconservation report by the Town of Prosper. This form should be completed by March 31of the following year and used to monitor the effectiveness and efficiency of the waterconservation program and to plan conservation-related activities for the next year. The form

records the water use by category, per capita municipal use, and unaccounted water for thecurrent year and compares them to historical values. The annual water conservation reportshould be sent to NTMWD, which will monitor the Town of Prospers’ water conservationtrends.

5.7 Water Conservation Implementation Report

Appendix j includes the TCEQ-required water conservation implementation report. Thereport is due to the TCEQ by May 1 of every year, starting in the year 2011. This reportlists the various water conservation strategies that have been implemented, including thedate the strategy was implemented. The report also calls for the five-year and ten-year percapita water use goals from the previous water conservation plan. The reporting entity mustanswer whether or not these goals have been met and if not, why not. The amount of watersaved is also requested.

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



7-1

7. WATER RATE STRUCTURE

The Town of Prosper has adopted an increasing block rate water structure that is intended toencourage water conservation and discourage excessive use and waste of water. An

example water rate structure is as follows:Residential Rates

1. Monthly minimum charge. This can (but does not have to) include up to2,000 gallons water use with no additional charge.

2. Base charge per 1,000 gallons up to the approximate average residential use.

3. 2nd tier (from the average to 2 times the approximate average) at 1.25 to 2.0times the base charge.

4. 3rd

tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2nd

tier.

5. The residential rate can also include a lower tier for basic household use up to4,000 gallons per month or a determined basic use.

Commercial/Industrial Rates

Commercial/industrial rates should include at least 2 tiers, with rates for the 2 nd tier at1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use areencouraged, but not required.

Item 9

8/12/2019 20140527 Tcp



8-1

8. OTHER WATER CONSERVATION MEASURES

8.1 NTMWD System Operation Plan

The Town of Prosper purchases treated water from NTMWD and do not have surface watersupplies for which to implement a system operation plan. NTMWD’s permits do allowsome coordinated operation of its water supply sources, and NTMWD is seeking additionalwater rights for coordinated operation to optimize its available water supplies.

8.2 Reuse and Recycling of Wastewater

The Town of Prosper does not own and operate a wastewater treatment plant. Theirwastewater is treated by NTMWD. NTMWD currently has the largest wastewater reuse

program in the state. NTMWD has water rights allowing reuse of up to 71,882 acre-feet peryear of this treated wastewater through Lake Lavon for municipal purposes. In addition,

NTMWD has also developed the East Fork Raw Water Supply Project which can divert upto 157,393 acre-feet per year based on treated wastewater discharges by the NTMWD.When fully developed, these two reuse projects will provide up to 44 percent of the

NTMWD’s currently permitted water supplies. NTMWD also provides treated effluent fromits wastewater treatment plants available for direct reuse for landscape irrigation andindustrial use.

8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures

The state has required water-conserving fixtures in new construction and renovations since1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) forfaucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are

now required nationally under federal law. These state and federal standards assure that allnew construction and renovations will use water-conserving fixtures. Optional rebate

programs to encourage replacement of older fixtures with water conservation programs arediscussed in Section 8.5.

8.4 Landscape Water Management Measures

The following landscape water management measures are required by the NTMWD for this plan. These are the minimal measures that should be implemented and enforced in order toirrigate the landscape appropriately. Time of day restrictions prohibiting lawn irrigation watering from 10 AM to 6 PM

beginning April 1 and ending October 31 of each year. Prohibition of watering of impervious surfaces. (Wind driven water drift will be

taken into consideration.) Prohibition of outdoor watering during precipitation or freeze events. Lawn and landscape irrigation limited to twice per week.

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



8-3

Landscape ordinances are developed by cities to guide developers in landscapingrequirements for the town. NTMWD recommends that the following measures be includedin the entity’s landscape ordinance: Requirement that all new irrigation systems be in compliance with state design

and installation regulations (TAC Title 30, Part 1, Chapter 344). Native, drought tolerant or adaptive plants should be encouraged. Drip irrigation systems should be promoted. Evapotranspiration (ET) / Smart controllers that only allow sprinkler systems to

irrigate when necessary should be promoted.

Water audits are useful in finding ways in which water can be used more efficiently at aspecific location. NTMWD recommends that the Town of Prosperoffer water audits tocustomers.

In addition to the conservation measures described above, the NTMWD considers thefollowing water conservation incentive programs as options that might be included in the

plan: Low-flow toilet replacements, Rain/freeze sensors and/or ET or Smart controllers, Low-flow showerhead and sink aerators replacement programs , ET/Smart irrigation controller, Water efficient clothes washer, Pressure reducing valve installation programs, Rain barrel, On-demand hot water heater, or Other water conservation incentive programs.

8.6 Requirement for Water Conservation Plans by Wholesale Customers

Every contract for the wholesale sale of water by the Town of Prosper that is entered into,renewed, or extended after the adoption of this water conservation plan will include arequirement that the wholesale customer and any wholesale customers of that wholesalecustomer develop and implement a water conservation plan meeting the requirements ofTitle 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. 1

The requirement will also extend to each successive wholesale customer in the resale of thewater.

Item 9

8/12/2019 20140527 Tcp



8-4

8.7 Coordination with Regional Water Planning Group and NTMWD

Appendix F includes a letter sent to the Chair of the Region C water planning group withthis model water conservation plan. The Town of Prosper will send a copy of their draftordinance(s) or regulation(s) implementing the plan and their water utility profile to

NTMWD for review and comment. The adopted ordinance(s) or regulation(s) and theadopted water utility profile will be sent to the Chair of the Region C Water Planning Groupand to NTMWD.

Item 9

8/12/2019 20140527 Tcp



9-1

9. IMPLEMENTATION AND ENFORCEMENT OF THE WATERCONSERVATION PLAN

Appendix G contains a copy of an ordinance, order, or resolution which may be tailored to

meet the Town of Prosper’s needs and be adopted by the Town Council or governing boardregarding the model water conservation plan. The ordinance, order, or resolution designatesresponsible officials to implement and enforce the water conservation plan. Appendix E, theconsiderations for landscape water management regulations, also includes information aboutenforcement. Appendix H includes a copy of an ordinance, order, or resolution that may beadopted related to illegal connections and water theft.

Item 9

8/12/2019 20140527 Tcp



10-1

10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN

TCEQ requires that the water conservation plans be updated prior to May 1, 2014. The plans are required to be updated every five years thereafter. The plan will be updated as

required and as appropriate based on new or updated information.

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



11-2

288.20(a)(1)(A) – Provisions to Inform the Public and Provide Opportunity forPublic Input – Section 11.3

288.20(a)(1)(B) – Provisions for Continuing Public Education and Information –Section 11.4

288.20(a)(1)(C) – Coordination with the Regional Water Planning Group – Section11.9 288.20(a)(1)(D) – Criteria for Initiation and Termination of Drought Stages –

Section 11.5 288.20(a)(1)(E) – Drought and Emergency Response Stages – Section 11.6 288.20(a)(1)(F) – Specific, Quantified Targets for Water Use Reductions – Section

11.6 288.20(a)(1)(G) – Water Supply and Demand Management Measures for Each

Stage – Section 11.6

288.20(a)(1)(H) – Procedures for Initiation and Termination of Drought Stages –Section 11.5

288.20(a)(1)(I) - Procedures for Granting Variances – Section 11.7 288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions – Section

11.8 288.20(a)(3) – Consultation with Wholesale Supplier – Sections 1, 11.1, 11.5, and

11.6 288.20(b) – Notification of Implementation of Mandatory Measures – Section 11.5 288.20(c) – Review and Update of Plan – Section 11.10

11.3 Provisions to Inform the Public and Opportunity for Public Input

The Town of Prosper will provide opportunity for public input in the development of thisdrought contingency and water emergency response plan by the following means: Providing written notice of the proposed plan and the opportunity to comment on the

plan by newspaper, posted notice, and notice on the supplier’s web site. Making the draft plan available on the supplier’s web site. Providing the draft plan to anyone requesting a copy. Holding a public meeting.

11.4 Provisions for Continuing Public Education and Information

The Town of Prosper will inform and educate the public about the drought contingency andwater emergency response plan by the following means: Preparing a bulletin describing the plan and making it available at town hall and

other appropriate locations.

Item 9

8/12/2019 20140527 Tcp



11-3

Making the plan available to the public through the supplier’s web site. Including information about the drought contingency and water emergency response

plan on the supplier’s web site. Notifying local organizations, schools, and civic groups that staff are available to

make presentations on the drought contingency and water emergency response plan(usually in conjunction with presentations on water conservation programs).

At any time that the drought contingency and water emergency response plan is activated orthe drought stage or water emergency response stage changes, The Town of Prosper willnotify local media of the issues, the drought response stage or water emergency responsestage (if applicable), and the specific actions required of the public. The information willalso be publicized on the supplier’s web site (if available). Billing inserts will also be usedas appropriate.

11.5 Initiation and Termination of Drought or Water Emergency Response Stages

Initiation of a Drought or Water Emergency Response Stage

The Town Manager, Mayor, or official designee may order the implementation of a droughtor water emergency response stage when one or more of the trigger conditions for that stageare met. The following actions will be taken when a drought or water emergency responsestage is initiated: The public will be notified through local media and the supplier’s web site (if

available) as described in Section 3.2. Wholesale customers (if any) and the NTMWD will be notified by e-mail with a

follow-up letter or fax that provides details of the reasons for initiation of the

drought/water emergency response stage. If any mandatory provisions of the drought contingency and water emergency

response plan are activated, the Town of Prosper will notify the Executive Directorof the TCEQ and the Executive Director of the NTMWD within 5 business days.

Drought contingency/water emergency response stages imposed by NTMWD action must be initiated by the Town of Prosper. For other trigger conditions internal to a town or watersupply entity, the Town Manager, Mayor, or official designee may decide not to order theimplementation of a drought response stage or water emergency even though one or more ofthe trigger criteria for the stage are met. Factors which could influence such a decisioninclude, but are not limited to, the time of the year, weather conditions, the anticipation ofreplenished water supplies, or the anticipation that additional facilities will become availableto meet needs. The reason for this decision should be documented.

Item 9

8/12/2019 20140527 Tcp



11-4

Termination of a Drought/Water Emergency Response Stage

The Town Manager, Mayor, or official designee may order the termination of a drought orwater emergency response stage when the conditions for termination are met or at their

discretion. The following actions will be taken when a drought or emergency response stageis terminated: The public will be notified through local media and the supplier’s web site (if

available) as described in Section 3.2. Wholesale customers (if any) and the NTMWD will be notified by e-mail with a

follow-up letter or fax. If any mandatory provisions of the drought contingency and water emergency

response plan that have been activated are terminated, the Town of Prosper willnotify the Executive Director of the TCEQ and the Executive Director of the

NTMWD within 5 business days.

The Town Manager, Mayor, or official designee may decide not to order the termination ofa drought or water emergency response stage even though the conditions for termination ofthe stage are met. Factors which could influence such a decision include, but are not limitedto, the time of the year, weather conditions, or the anticipation of potential changedconditions that warrant the continuation of the drought stage. The reason for this decisionshould be documented.

11.6 Drought Contingency and Water Emergency Response Stages and Measures

Stage 1

Initiation and Termination Conditions for Stage 1 The NTMWD has initiated Stage 1, which may be initiated due to one or more of

the following:

o The NTMWD Executive Director, with the concurrence of the NTMWD Boardof Directors, finds that conditions warrant the declaration of Stage 1.

o Water demand is projected to approach the limit of the permitted supply.

o The storage in Lavon Lake is less than 65 percent of the total conservation poolcapacity.

o NTMWD’s storage in Jim Chapman Lake is less than 65 percent of NTMWD’stotal conservation pool capacity.

o .The Sabine River Authority has indicated that its Upper Basin water suppliesused by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.

o NTMWD has concern that Lake Texoma, the East Fork Raw Water SupplyProject, or some other NTMWD source may be limited in availability in the next6 months.

Item 9

8/12/2019 20140527 Tcp



11-5

o NTMWD water demand exceeds 90 percent of the amount that can be deliveredto customers for three consecutive days.

o Water demand for all or part of NTMWD’s delivery system approaches deliverycapacity because delivery capacity is inadequate.

o NTMWD’s supply source becomes contaminated.o NTMWD’s water supply system is unable to deliver water due to the failure or

damage of major water system components. Supplier’s water demand exceeds 90 percent of the amount that can be delivered to

customers for three consecutive days. Supplier’s water demand for all or part of the delivery system approaches delivery

capacity because delivery capacity is inadequate. Supply source becomes contaminated. Supplier’s water supply system is unable to deliver water due to the failure or

damage of major water system components. Supplier’s individual plan may be implemented if other criteria dictate.

Stage 1 may terminate when NTMWD terminates its Stage 1 condition or when thecircumstances that caused the initiation of Stage 1 no longer prevail.

Goal for Use Reduction and Actions Available under Stage 1

Stage 1 is intended to raise public awareness of potential drought or water emergency problems. The goal for water use reduction under Stage 1 is a two percent reduction in theamount of water produced by NTMWD. The Town Manager, Mayor, or official designee

may order the implementation of any of the actions listed below, as deemed necessary: Request voluntary reductions in water use by the public and by wholesale customers. Notify wholesale customers of actions being taken and request implementation of

similar procedures. Increase public education efforts on ways to reduce water use. Review the problems that caused the initiation of Stage 1. Intensify efforts on leak detection and repair. Reduce non-essential town government water use. (Examples include street

cleaning, vehicle washing, operation of ornamental fountains, etc.) Notify major water users and work with them to achieve voluntary water use

reductions. Reduce town government water use for landscape irrigation. Ask the public to follow voluntary landscape watering schedules. Avoid outdoor watering from 5:00 AM – 7 PM.

Item 9

8/12/2019 20140527 Tcp



11-6

Watering schedules will be posted.

Stage 2

Initiation and Termination Conditions for Stage 2 The NTMWD has initiated Stage 2, which may be initiated due to one or more of

the following:

o The NTMWD Executive Director, with the concurrence of the NTMWD Boardof Directors, finds that conditions warrant the declaration of Stage 2.

o Water demand is projected to approach the limit of the permitted supply.

o The storage in Lavon Lake is less than 55 percent of the total conservation poolcapacity.

o NTMWD’s storage in Jim Chapman Lake is less than 55 percent of NTMWD’stotal conservation pool capacity.

o The Sabine River Authority has indicated that its Upper Basin water suppliesused by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.

o NTMWD has concern that Lake Texoma, the East Fork Raw Water SupplyProject, or some other NTMWD source may be limited in availability in the next3 months.

o NTMWD water demand exceeds 95 percent of the amount that can be deliveredto customers for three consecutive days.

o NTMWD water demand for all or part of the delivery system equals delivery

capacity because delivery capacity is inadequate.o NTMWD’s supply source becomes contaminated.

o NTMWD’s water supply system is unable to deliver water due to the failure ordamage of major water system components.

Supplier’s water demand exceeds 95 percent of the amount that can be delivered tocustomers for three consecutive days.

Supplier’s water demand for all or part of the delivery system equals deliverycapacity because delivery capacity is inadequate.

Supply source becomes contaminated.

Supplier’s water supply system is unable to deliver water due to the failure ordamage of major water system components.

Supplier’s individual plan may be implemented if other criteria dictate.

Item 9

8/12/2019 20140527 Tcp



11-7


Goal for Use Reduction and Actions Available under Stage 2The goal for water use reduction under Stage 2 is a five percent reduction in the amount ofwater produced by NTMWD. If circumstances warrant or if required by NTMWD, theTown Manager, Mayor, or official designee can set a goal for greater water use reduction.The Town Manager, Mayor, or official designee may order the implementation of any of theactions listed below, as deemed necessary. Measures described as “requires notification toTCEQ” impose mandatory requirements on customers. The supplier must notify TCEQ and

NTMWD within five business days if these measures are implemented: Continue or initiate any actions available under Stage 1. Notify wholesale customers of actions being taken and request them to implement

similar procedures. Initiate engineering studies to evaluate alternatives should conditions worsen. Further accelerate public education efforts on ways to reduce water use. Halt non-essential town government water use. (Examples include street cleaning,

vehicle washing, operation of ornamental fountains, etc.) Encourage the public to wait until the current drought or emergency situation has

passed before establishing new landscaping. Requires Notification to TCEQ – Limit landscape watering with sprinklers or

irrigation systems to no more than two days per week. An exception is allowedfor landscape associated with new construction that may be watered as necessaryfor 30 days from the date of the certificate of occupancy.

Requires Notification to TCEQ – Restrict landscape and lawn irrigation from 5AM to 7 PM beginning April 1 through October 31 of each year.

Requires Notification to TCEQ – Prohibit planting of cool season grasses (suchas rye grass or other similar grasses) that intensify cool season waterrequirements.

Watering schedules will be posted.

Stage 3

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



11-9


Goals for Use Reduction and Actions Available under Stage 3

The goal for water use reduction under Stage 3 is a reduction of ten percent in the amount ofwater obtained from NTMWD. If circumstances warrant or if required by NTMWD, theTown Manager, Mayor, or official designee can set a goal for a greater water use reduction.

The Town Manager, Mayor, or official designee must implement any action(s) required by NTMWD. In addition, the Town Manager, Mayor, or official designee may order theimplementation of any of the actions listed below, as deemed necessary. Measuresdescribed as “requires notification to TCEQ” impose mandatory requirements on customers.The supplier must notify TCEQ and NTMWD within five business days if these measuresare implemented: Continue or initiate any actions available under Stages 1 and 2.

Notify wholesale customers of actions being taken and request them to implementsimilar procedures.

Implement viable alternative water supply strategies. Requires Notification to TCEQ – Initiate mandatory water use restrictions as

follows:o Prohibit hosing of paved areas, buildings, or windows. (Pressure washing of

impervious surfaces is allowed.)o Prohibit operation of all ornamental fountains or other amenity

impoundments to the extent they use treated water.o Prohibit washing or rinsing of vehicles by hose except with a hose end cutoff

nozzle.o Prohibit using water in such a manner as to allow runoff or other waste.

Requires Notification to TCEQ – Limit landscape watering with sprinklers orirrigation systems at each service address to once every seven days. Exceptionsare as follows:

o Foundations, new landscaping, new plantings (first year) of shrubs, andtrees may be watered for up to 2 hours on any day by a hand-held hose, asoaker hose, or a dedicated zone using a drip irrigation system.

o Golf courses may water greens and tee boxes without restrictions.

o Public athletic fields used for competition may be watered twice per week.o Locations using other sources of water supply for irrigation may irrigate

without restrictions.

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



11-12

Requires Notification to TCEQ – Prohibit commercial and residential landscapewatering, except that foundations and trees may be watered for 2 hours on anyday with a hand-held hose, a soaker hose, or a dedicated zone using a dripirrigation system.

Requires Notification to TCEQ – Prohibit golf course watering with treatedwater except for greens and tee boxes.

Requires Notification to TCEQ – Prohibit the permitting of private pools. Poolsalready permitted may be completed and filled with water. Existing private and

public pools may add water to maintain pool levels but may not be drained andrefilled.

Requires Notification to TCEQ – Require all commercial water users to reducewater use by a percentage established by the Town Manager, Mayor, or officialdesignee.

Requires Notification to TCEQ – If NTMWD has imposed a reduction in water

available to the Town of Prosper, impose the same percent reduction on wholesalecustomers. Requires Notification to TCEQ - Initiate a rate surcharge for all water use over

normal rates for all water use.

11.7 Procedures for Granting Variances to the Plan

The Town Manager, Mayor, or official designee may grant temporary variances for existing

water uses otherwise prohibited under this drought contingency and water emergencyresponse plan if one or more of the following conditions are met: Failure to grant such a variance would cause an emergency condition adversely

affecting health, sanitation, or fire safety for the public or the person or entityrequesting the variance.

Compliance with this plan cannot be accomplished due to technical or otherlimitations.

Alternative methods that achieve the same level of reduction in water use can beimplemented.

Variances shall be granted or denied at the discretion of the Town Manager, Mayor, orofficial designee. All petitions for variances should be in writing and should include thefollowing information: Name and address of the petitioners Purpose of water use Specific provisions from which relief is requested

Item 9

8/12/2019 20140527 Tcp



11-13

Detailed statement of the adverse effect of the provision from which relief isrequested

Description of the relief requested Period of time for which the variance is sought

Alternative measures that will be taken to reduce water use Other pertinent information.

11.8 Procedures for Enforcing Mandatory Water Use Restrictions

Mandatory water use restrictions may be imposed in Stage 2, Stage 3 and Stage 4 droughtcontingency and water emergency response stages. The penalties associated with themandatory water use restrictions will be determined by each entity.

Appendix G contains potential ordinances, resolutions, and orders that may be adopted bythe city council, board, or governing body approving the drought contingency plan and

water response plan, including enforcement of same.

11.9 Coordination with the Regional Water Planning Groups

Appendix F includes a copy of a letter sent to the Chair of the Region C water planninggroup with this model drought contingency and water emergency response plan.

The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this plan to NTMWD for their review and comment. The supplier will also send the finalordinance(s) or other regulation(s) to NTMWD.

11.10 Review and Update of Drought Contingency and Water Emergency ResponsePlan

As required by TCEQ rules, the Town of Prosper must review the drought contingency andwater emergency response plan every five years. The plan will be updated as appropriate

based on new or updated information.

Item 9

8/12/2019 20140527 Tcp


APPENDIX A

LIST OF REFERENCES

Item 9

8/12/2019 20140527 Tcp


A-1

APPENDIX A

LIST OF REFERENCES

1. Texas Commission on Environmental Quality Annual Report.

http://www.tceq.texas.gov/permitting/water_rights/conserve.html#imple

2. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and

288.5, and Subchapter B, Rule 288.22, downloaded from

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=288 ,

June 2013.

3. Water Conservation Implementation Task Force: “Texas Water Development Board Report 362,

Water Conservation Best Management Practices Guide,” prepared for the Texas Water

Development Board, Austin, November 2004.

4. Water Conservation Advisory Council: Guidance and Methodology for Reporting on Water

Conservation and Water Use, December 2012

5. Freese and Nichols, INC.: Model Water Conservation Plan for NTMWD Members Cities and

Customers, prepared for the North Texas Municipal Water District, Fort Worth, November 2013.

6. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance

adopted August 16, 2012.

http://www.austintexas.gov/sites/default/files/files/Water/Conservation/Planning_and_Policy/

ProposedCodeRevision_DRAFT_with_watering_schedule-8-15-2012.pdf

7. Definition from City of San Antonio Water Conservation Ordinance adopted 2005.

http://saws.org/conservation/ordinance/docs/Ch34_Ordinance_2009.pdf

8. Definition developed by Freese and Nichols Inc.

9. Texas Water Development Board, Texas Commission on Environmental Quality, Water

Conservation Advisory Council. “DRAFT Guidance and Methodology for Water Conservation

Reporting.”

10. Freese and Nichols Inc., Alan Plummer and Associates, CP & Y Inc. and Cooksey

Communications. “2011 Region C Regional Water Plan”

Item 9



http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=288


http://www.austintexas.gov/sites/default/files/files/Water/Conservation/Planning_and_Policy/ProposedCodeRevision_DRAFT_with_watering_schedule-8-15-2012.pdf









8/12/2019 20140527 Tcp


APPENDIX B

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ONMUNICIPAL WATER CONSERVATION AND DROUGHT CONTINGENCY

PLANS

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


B-2

(2) Agricultural use--Any use or activity involving agriculture, including irrigation.

(3) Best management practices--Voluntary efficiency measures that save a quantifiable amount of

water, either directly or indirectly, and that can be implemented within a specific time frame.

(4) Conservation--Those practices, techniques, and technologies that reduce the consumption of water,

reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling

and reuse of water so that a water supply is made available for future or alternative uses.

(5) Commercial use--The use of water by a place of business, such as a hotel, restaurant, or office

building. This does not include multi-family residences or agricultural, industrial, or institutional users.

(6) Drought contingency plan--A strategy or combination of strategies for temporary supply and

demand management responses to temporary and potentially recurring water supply shortages and

other water supply emergencies. A drought contingency plan may be a separate document identified as

such or may be contained within another water management document(s).

(7) Industrial use--The use of water in processes designed to convert materials of a lower order of value

into forms having greater usability and commercial value, and the development of power by means

other than hydroelectric, but does not include agricultural use.

(8) Institutional use--The use of water by an establishment dedicated to public service, such as a school,

university, church, hospital, nursing home, prison or government facility. All facilities dedicated to publicservice are considered institutional regardless of ownership.

(9) Irrigation--The agricultural use of water for the irrigation of crops, trees, and pastureland, including,

but not limited to, golf courses and parks which do not receive water from a public water supplier.

(10) Irrigation water use efficiency--The percentage of that amount of irrigation water which is

beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from

the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to,

evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching

requirements associated with irrigation.

(11) Mining use--The use of water for mining processes including hydraulic use, drilling, washing sand

and gravel, and oil field re-pressuring.

Item 9

8/12/2019 20140527 Tcp


B-3

(12) Municipal use--The use of potable water provided by a public water supplier as well as the use of

sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses.

(13) Nursery grower--A person engaged in the practice of floriculture, viticulture, silviculture, and

horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than50% of the products that the person either sells or leases, regardless of the variety sold, leased, or

grown. For the purpose of this definition, grow means the actual cultivation or propagation of the

product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes

activities associated with the production or multiplying of stock such as the development of new plants

from cuttings, grafts, plugs, or seedlings.

(14) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the

contamination of, any water in the state that renders the water harmful, detrimental, or injurious to

humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the

usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

(15) Public water supplier--An individual or entity that supplies water to the public for human

consumption.

(16) Residential use--The use of water that is billed to single and multi-family residences, which applies

to indoor and outdoor uses.

(17) Residential gallons per capita per day--The total gallons sold for residential use by a public water

supplier divided by the residential population served and then divided by the number of days in the

year.

(18) Regional water planning group--A group established by the Texas Water Development Board to

prepare a regional water plan under Texas Water Code, §16.053.

(19) Retail public water supplier--An individual or entity that for compensation supplies water to the

public for human consumption. The term does not include an individual or entity that supplies water to

itself or its employees or tenants when that water is not resold to or used by others.

(20) Reuse--The authorized use for one or more beneficial purposes of use of water that remains

unconsumed after the water is used for the original purpose of use and before that water is either

Item 9

8/12/2019 20140527 Tcp


B-4

disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state-

owned water.

(21) Total use--The volume of raw or potable water provided by a public water supplier to billed

customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, ortransmission of that water.

(22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for

potable use divided by the total permanent population divided by the days of the year. Diversion

volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the

purposes of calculating GPCD for targets and goals.

(23) Water conservation plan--A strategy or combination of strategies for reducing the volume of water

withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or

improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for

preventing the pollution of water. A water conservation plan may be a separate document identified as

such or may be contained within another water management document(s).

(24) Wholesale public water supplier--An individual or entity that for compensation supplies water to

another for resale to the public for human consumption. The term does not include an individual or

entity that supplies water to itself or its employees or tenants as an incident of that employee service or

tenancy when that water is not resold to or used by others, or an individual or entity that conveys waterto another individual or entity, but does not own the right to the water which is conveyed, whether or

not for a delivery fee.

(25) Wholesale use--Water sold from one entity or public water supplier to other retail water purveyors

for resale to individual customers.

Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effectiveApril 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146;amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective January 10,2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515

Item 9

8/12/2019 20140527 Tcp


B-5

Texas Administrative Code

TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL

QUALITY

CHAPTER 288 WATER CONSERVATION PLANS, DROUGHTCONTINGENCY PLANS, GUIDELINES ANDREQUIREMENTS

SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.2 Water Conservation Plans for Municipal Uses by Public

Water Suppliers _____________________________________________________________________________________

(a) A water conservation plan for municipal water use by public water suppliers must provide

information in response to the following. If the plan does not provide information for each requirement,

the public water supplier shall include in the plan an explanation of why the requirement is not

applicable.

(1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers

must include the following elements:

(A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to,

information regarding population and customer data, water use data (including total gallons per capita

per day (GPCD) and residential GPCD), water supply system data, and wastewater system data;

(B) a record management system which allows for the classification of water sales and uses into the

most detailed level of water use data currently available to it, including, if possible, the sectors listed in

clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must

be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph:

(i) residential;

(I) single family;

(II) multi-family;

(ii) commercial;

(iii) institutional;

Item 9

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=2&ti=30

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=30&pt=1



http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=288&sch=A&rl=Y




http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=30&pt=1

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=2&ti=30

8/12/2019 20140527 Tcp


B-6

(iv) industrial;

(v) agricultural; and,

(vi) wholesale.

(C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss

programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a

public water supplier under this subparagraph are not enforceable;

(D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for

the amount of water diverted from the source of supply;

(E) a program for universal metering of both customer and public uses of water, for meter testing and

repair, and for periodic meter replacement;

(F) measures to determine and control water loss (for example, periodic visual inspections along

distribution lines; annual or monthly audit of the water system to determine illegal connections;

abandoned services; etc.);

(G) a program of continuing public education and information regarding water conservation;

(H) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and

which does not encourage the excessive use of water;

(I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of

reservoirs owned by the applicant within a common watershed or river basin in order to optimize

available water supplies; and

(J) a means of implementation and enforcement which shall be evidenced by:

(i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation

plan by the water supplier; and

(ii) a description of the authority by which the water supplier will implement and enforce the

conservation plan; and

Item 9

8/12/2019 20140527 Tcp


B-7

(K) documentation of coordination with the regional water planning groups for the service area of the

public water supplier in order to ensure consistency with the appropriate approved regional water

plans.

(2) Additional content requirements. Water conservation plans for municipal uses by public drinkingwater suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or

more within the next ten years subsequent to the effective date of the plan must include the following

elements:

(A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery,

and distribution system;

(B) a requirement in every wholesale water supply contract entered into or renewed after official

adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension,

that each successive wholesale customer develop and implement a water conservation plan or water

conservation measures using the applicable elements in this chapter. If the customer intends to resell

the water, the contract between the initial supplier and customer must provide that the contract for the

resale of the water must have water conservation requirements so that each successive customer in the

resale of the water will be required to implement water conservation measures in accordance with the

provisions of this chapter.

(3) Additional conservation strategies. Any combination of the following strategies shall be selected bythe water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this

subsection, if they are necessary to achieve the stated water conservation goals of the plan. The

commission may require that any of the following strategies be implemented by the water supplier if

the commission determines that the strategy is necessary to achieve the goals of the water conservation

plan:

(A) conservation-oriented water rates and water rate structures such as uniform or increasing block

rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates;

(B) adoption of ordinances, plumbing codes, and/or rules requiring water-conserving plumbing

fixtures to be installed in new structures and existing structures undergoing substantial modification or

addition;

Item 9

8/12/2019 20140527 Tcp


B-8

(C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing

structures;

(D) reuse and/or recycling of wastewater and/or graywater;

(E) a program for pressure control and/or reduction in the distribution system and/or for customer

connections;

(F) a program and/or ordinance(s) for landscape water management;

(G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and

(H) any other water conservation practice, method, or technique which the water supplier shows to

be appropriate for achieving the stated goal or goals of the water conservation plan.

(b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water

Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements

of this section and other applicable commission rules may be submitted to meet application

requirements in accordance with a memorandum of understanding between the commission and the

Texas Water Development Board.

(c) A public water supplier for municipal use shall review and update its water conservation plan, as

appropriate, based on an assessment of previous five-year and ten-year targets and any other new or

updated information. The public water supplier for municipal use shall review and update the next

revision of its water conservation plan every five years to coincide with the regional water planning

group.

Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effectiveApril 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384;amended to be effective December 6, 2012, 37 TexReg 9515

Item 9

8/12/2019 20140527 Tcp


APPENDIX C

TCEQ WATER UTILITY PROFILE

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 1 of 9

Texas Commission on Environmental Quality

UTILITY PROFILE AND WATER CONSERVATION PLANREQUIREMENTS FOR MUNICIPAL WATER USE

BY RETAIL PUBLIC WATER SUPPLIERS

This form is provided to assist retail public water suppliers in water conservation plan development. If you needassistance in completing this form or in developing your plan, please contact the conservation staff of theResource Protection Team in the Water Availability Division at (512) 239-4691.

Name: Town of Prosper

Address: 121 W. Broadway St., Prosper, TX 75078

Telephone Number: (972) 347-9969 Fax: (972) 347-3579

Water Right No.(s):

Regional Water PlanningGroup: Group C

Form Completed by: Frank Jaromin

Title: Director of Public Works

Person responsible forimplementing conservationprogram: Frank Jaromin Phone: (972) 347-9969

Signature: Date: / /

NOTE: If the plan does not provide information for each requirement, include anexplanation of why the requirement is not applicable.

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 2 of 9

UTILITY PROFILE

I. POPULATION AND CUSTOMER DATA

A. Population and Service Area Data

1. Attach a copy of your service-area map and, if applicable, a copy of your Certificate ofConvenience and Necessity (CCN).

2. Service area size (in square miles): 27 sq. miles

(Please attach a copy of service-area map)

3. Current population of service area: 13,380

4. Current population served for:

a. Water 13,380 b. Wastewater 13,380

5. Population served for previous five years:

6. Projected population for service area inthe following decades:

Year Population Year Population

2013 13,380 2020 19,481

2012 12,190 2030 34,287

2011 11,160 2040 60,3452010 9350 2050 70,000

2009 7100 2060 70,000

7. List source or method for the calculation of current and projected population size.

NTCOG and Census was used to determine 2009-2013. The Prosper ComprehensivePlan was used in determining our projected population.

B. Customers DataSenate Bill 181 requires that uniform consistent methodologies for calculating water use andconservation be developed and available to retail water providers and certain other water usesectors as a guide for preparation of water use reports, water conservation plans, and reports on

water conservation efforts. A water system must provide the most detailed level of customer and water use data available to it, however, any new billing system purchased must be capable ofreporting data for each of the sectors listed below. http://www.tceq.texas.gov/assets/public/permitting/watersupply/water_rights/sb181_guidance.pdf

Item 9

http://www.tceq.texas.gov/assets/public/%20permitting/watersupply/water_rights/sb181_guidance.pdf





8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 3 of 9

1. Current number of active connections. Check whether multi-family service is counted asResidential or Commercial?

Treated Water Users Metered Non-Metered Totals

Residential 4205 4205

Single-Family

Multi-Family

Commercial 270 270

Industrial/Mining

Institutional

Agriculture

Other/Wholesale

2. List the number of new connections per year for most recent three years.

Year 2013 2012 2011

Treated Water Users

Residential 425 388 316

Single-Family

Multi-Family

Commercial 18 16 18Industrial/Mining

Institutional

Agriculture

Other/Wholesale

3. List of annual water use for the five highest volume customers.

CustomerUse (1,000gal/year)

Treated or RawWater

1. Prosper ISD 25,608 Treated

2. Estates of Prosper 20,366 Treated3. Mansions Custom Homes 19,562 Treated

4. Highland Homes 7,416 Treated

5. FCS Construction 6,166 Treated

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 4 of 9

II. WATER USE DATA FOR SERVICE AREA

A. Water Accounting Data

1. List the amount of water use for the previous five years (in 1,000 gallons).Indicate whether this is diverted or treated water.

Year 2013 2012 2011 2010 2009 MonthJanuary 39,794 32,381 41,017 26,242 35,891February 39,187 33,873 27,521 26,681 33,366

March 56,784 31,275 53,444 30,349 36,707 April 65,259 61,048 57,271 52,155 50,972May 88,979 81,552 52,261 63,102 40,784June 84,450 91,919 93,717 89,300 68,760July 104,053 113,259 120,215 77,484 77,563

August 122,460 115,731 135,586 112,617 106,403September 124,366 117,476 97,697 62,684 29,444

October 72,640 82,694 82,559 67,669 34,447November 56,947 77,872 51,406 41,790 33,310December 45,771 50,926 37,088 42,599 24,539

Totals 900,690 890,006 849,782 692,672 572,186

Describe how the above figures were determine (e.g, from a master meter located at thepoint of a diversion from the source, or located at a point where raw water enters thetreatment plant, or from water sales).

The above figures were determined

2. Amount of water (in 1,000 gallons) delivered/sold as recorded by the following accounttypes for the past five years.

Year 2013 2012 2011 2010 2009

Account Types

Residential 667,092 669,850 642,648 515,315 414,224

Single-Family

Multi-Family

Commercial 171,986 140,265 122,673 84,272 96,491Industrial/Mining

Institutional

Agriculture

Other/Wholesale

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 5 of 9

3. List the previous records for water loss for the past five years (the difference between waterdiverted or treated and water delivered or sold).

Year Amount (gallons) Percent %

2013 4,651 .52%

2012 41,437 4.66%2011 46,783 5.51%

2010 76,745 9.38%

2009 64,700 10.73%

B. Projected Water Demands

If applicable, attach or cite projected water supply demands from the applicable Regional WaterPlanning Group for the next ten years using information such as population trends, historical

water use, and economic growth in the service area over the next ten years and any additional water supply requirements from such growth.

III. WATER SUPPLY SYSTEM DATA

A. Water Supply Sources

List all current water supply sources and the amounts authorized (in acre feet) with each.

Water Type Source Amount Authorized

Surface Water

GroundwaterContracts NTMWD 5,600 acre ft.

Other

B. Treatment and Distribution System

1. Design daily capacity of system (MGD): 7 MGD

2. Storage capacity (MGD):

a. Elevated 2 MGD b. Ground 8 MGD

3. If surface water, do you recycle filter backwash to the head of the plant?

Yes No If yes, approximate amount (MGD):

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 6 of 9

IV. WASTEWATER SYSTEM DATA

A. Wastewater System Data (if applicable)

1. Design capacity of wastewater treatment plant(s) (MGD):

2. Treated effluent is used for on-site irrigation, off-site irrigation, for plant wash-down, and/or for chlorination/dechlorination.

If yes, approximate amount (in gallons per month):

3. Briefly describe the wastewater system(s) of the area serviced by the water utility.Describe how treated wastewater is disposed. Where applicable, identify treatmentplant(s) with the TCEQ name and number, the operator, owner, and the receiving streamif wastewater is discharged.

B. Wastewater Data for Service Area (if applicable)

1. Percent of water service area served by wastewater system: %

2. Monthly volume treated for previous five years (in 1,000 gallons):

Year MonthJanuary

FebruaryMarch AprilMayJuneJuly

AugustSeptember

OctoberNovemberDecember

Totals

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 7 of 9

V. ADDITIONAL REQUIRED INFORMATION

In addition to the utility profile, please attach the following as required by Title 30, Texas Administrative Code, §288.2. Note: If the water conservation plan does not provide information foreach requirement, an explanation must be included as to why the requirement is not applicable.

A. Specific, Quantified 5 & 10-Year TargetsThe water conservation plan must include specific, quantified five-year and ten-year targets for

water savings to include goals for water loss programs and goals for municipal use in gallons percapita per day. Note that the goals established by a public water supplier under thissubparagraph are not enforceable

B. Metering Devices

The water conservation plan must include a statement about the water suppliers meteringdevice(s), within an accuracy of plus or minus 5.0% in order to measure and account for theamount of water diverted from the source of supply.

C. Universal Metering

The water conservation plan must include and a program for universal metering of bothcustomer and public uses of water, for meter testing and repair, and for periodic meterreplacement.

D. Unaccounted- For Water Use

The water conservation plan must include measures to determine and control unaccounted-foruses of water (for example, periodic visual inspections along distribution lines; annual ormonthly audit of the water system to determine illegal connections; abandoned services; etc.).

E. Continuing Public Education & Information

The water conservation plan must include a description of the program of continuing publiceducation and information regarding water conservation by the water supplier.

F. Non-Promotional Water Rate Structure

The water supplier must have a water rate structure which is not “promotional,” i.e., a ratestructure which is cost-based and which does not encourage the excessive use of water. This ratestructure must be listed in the water conservation plan.

G. Reservoir Systems Operations Plan

The water conservation plan must include a reservoir systems operations plan, if applicable,providing for the coordinated operation of reservoirs owned by the applicant within a common

watershed or river basin. The reservoir systems operations plan shall include optimization of

water supplies as one of the significant goals of the plan. H. Enforcement Procedure and Plan Adoption

The water conservation plan must include a means for implementation and enforcement, whichshall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating officialadoption of the water conservation plan by the water supplier; and a description of the authority

by which the water supplier will implement and enforce the conservation plan.

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 8 of 9

I. Coordination with the Regional Water Planning Group(s)

The water conservation plan must include documentation of coordination with the regional water planning groups for the service area of the wholesale water supplier in order to ensureconsistency with the appropriate approved regional water plans.

J. Plan Review and Update

A public water supplier for municipal use shall review and update its water conservation plan, asappropriate, based on an assessment of previous five-year and ten-year targets and any othernew or updated information. The public water supplier for municipal use shall review andupdate the next revision of its water conservation plan not later than May 1, 2009, and every five

years after that date to coincide with the regional water planning group. The revised plan mustalso include an implementation report.

VI. ADDITIONAL REQUIREMENTS FOR LARGE SUPPLIERS

Required of suppliers serving population of 5,000 or more or a projected population of 5,000 or morewithin ten years

A. Leak Detection and Repair

The plan must include a description of the program of leak detection, repair, and water lossaccounting for the water transmission, delivery, and distribution system in order to controlunaccounted for uses of water.

B. Contract Requirements

A requirement in every wholesale water supply contract entered into or renewed after officialadoption of the plan (by either ordinance, resolution, or tariff), and including any contractextension, that each successive wholesale customer develop and implement a waterconservation plan or water conservation measures using the applicable elements in this chapter.

If the customer intends to resell the water, the contract between the initial supplier andcustomer must provide that the contract for the resale of the water must have waterconservation requirements so that each successive customer in the resale of the water will berequired to implement water conservation measures in accordance with the provisions of thischapter.

VII. ADDITIONAL CONSERVATION STRATEGIES

A. Conservation Strategies

Any combination of the following strategies shall be selected by the water supplier, in additionto the minimum requirements of this chapter, if they are necessary in order to achieve the stated

water conservation goals of the plan. The commission may require by commission order thatany of the following strategies be implemented by the water supplier if the commissiondetermines that the strategies are necessary in order for the conservation plan to be achieved:

1. Conservation-oriented water rates and water rate structures such as uniform orincreasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates;

Item 9

8/12/2019 20140527 Tcp


TCEQ – 10218 (Rev. 06/14/2013) Page 9 of 9

2. Adoption of ordinances, plumbing codes, and/or rules requiring water conservingplumbing fixtures to be installed in new structures and existing structures undergoingsubstantial modification or addition;

3. A program for the replacement or retrofit of water-conserving plumbing fixtures inexisting structures;

4. A program for reuse and/or recycling of wastewater and/or graywater;

5. A program for pressure control and/or reduction in the distribution system and/or forcustomer connections;

6. A program and/or ordinance(s) for landscape water management;

7. A method for monitoring the effectiveness and efficiency of the water conservation plan;and

8. Any other water conservation practice, method, or technique which the water suppliershows to be appropriate for achieving the stated goal or goals of the water conservation

plan.

B e st M a n a g em en t P r a c t i c es

The Texas Water Developmental Board’s (TWDB) Report 362 is the Water Conservation Best Management Practices (BMP) guide. The BMP Guide is a voluntary list of management practices thatwater users may implement in addition to the required components of Title 30, Texas AdministrativeCode, Chapter 288. The Best Management Practices Guide broken out by sector, including

Agriculture, Commercial, and Institutional, Industrial, Municipal and Wholesale along with any newor revised BMP’s can be found at the following link on the Texas Water Developments Board’swebsite: http://www.twdb.state.tx.us/conservation/bmps/index.asp

Individuals are entitled to request and review their personal information that the agency gathers on itsforms. They may also have any errors in their information corrected. To review such information,contact 512-239-3282.

Item 9

http://www.twdb.state.tx.us/conservation/bmps/index.asp




8/12/2019 20140527 Tcp


APPENDIX D

NTMWD MEMBER CITY AND CUSTOMER ANNUAL WATER

CONSERVATION REPORT

Item 9

8/12/2019 20140527 Tcp


Entity Reporting:Filled Out By:Date Completed:Year Covered:# of Connections

Recorded Deliveries and Sales by Month (in Million Gallons):

Residential CommercialPublic/

InstitutionalIndustrial Wholesale Oth

January 39.794 30.386 3.153February 39.187 29.715 3.800March 56.784 30.995 5.825April 65.259 40.377 5.543May 88.979 59.086 21.107June 84.45 60.187 17.997July 104.053 86.393 20.174August 122.46 85.064 27.269September 124.366 100.541 31.866

October 72.64 65.383 15.829 November 56.947 42.559 11.829December 45.771 36.406 7.594

APPENDIX D

OtherSupplies

Month

NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT

Deliveriesfrom

NTMWD

Sales by Category

Town of ProsperDue: March 31 of every year

Glenn Soike1/27/201420134,372

. . . . . . .

Peak Day UsagePeak Day (MG) 4.434 Total peak day use (Peak day delivery from NTMWD + other supplies)Average Day (MG) 2.468 Average day use (Annual deliveries from NTMWD + other supplies / 365 days)Peak/Average Day Rati 1.797 Total peak day use/average day use

Unaccounted Water (Million Gallons): NTMWD Deliveries 900.690 from Table aboveOther Supplies 0.000 from Table above

Total Supplies 900.690 from Table aboveTotal Sales 839.078 from Table aboveEstimated Fire Use 1.511 estimated from best available dataEstimated Line Flushing Use 55.450 estimated from best available dataUnaccounted Water 4.651% Unaccounted 0.52%Goal for % Unaccounted 10.00%

Per Capita Use (Gallons per person per day)

D-1

8/12/2019 20140527 Tcp


Total Use (MG) 900.690Municipal Use (MG) 900.690Residential Use (MG) 728.704Estimated Population 13,380 NCTCOGTotal Per Capita Use (gpcd) 184.43Municipal Per Capita Use (gpcd) 184.43Residential Per Capita Use (gpcd) 149.21

190

180

Recorded Wholesale Sales by Month (in Million Gallons):

MonthSales to______

Sales to______

Sales to______

Sales to______

Sales to______

Sales to______

Sales to______

S

JanuaryFebruaryMarchAprilMayJuneJulyAugust

September October November December

5-year Per Capita Goal (___)

10-year Per Capita Goal (___)

from Table above (NTMWD deliveries+ other supplies - wholesale)from Table above (NTMWD deliveries+ other supplies - industrial sales - wholesale - ofrom Table above (NTMWD deliveries+ other supplies - commercial sales - public/instit

TOTAL 0.000 0.000 0.000 0.000 0.000 0.000 0.000

Information on Wholesale Customers:

CustomerEstimatedPopulation

D-2

8/12/2019 20140527 Tcp


Unusual Circumstances (use additional sheets if necessary):

Progress in Implementation of Conservation Plan (use additional sheets if necessary):

The Town filled a new 5 MG storage tank in November 2013.

Town staff is working with North Texas Municipal Water District to provide updates for our Water Conservation Plan. The new plan is under reviewimplementation in late Spring 2014

D-3

8/12/2019 20140527 Tcp


Conservation measures planned for next year (use additional sheets if necessary):

Assistance requested from North Texas Municipal Water District (use additional sheets if necessary):

The Town of Prosper will be hosting numerous Water Conservation courses free to our residents. We will also be having an Adult Education Programfive week program led by Dr. Greg Church with Texas A&M Agri-Life and Collin County Master Gardeners. Staff will also present at multiple schoword to the children.

Other (use additional sheets if necessary):

D-4

8/12/2019 20140527 Tcp


APPENDIX E

CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT

REGULATIONS

Item 9

8/12/2019 20140527 Tcp


E-1

APPENDIX E

CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT

REGULATIONS

A. Purpose

The purpose of these proposed landscape water management regulations is to provide a

consistent mechanism for preventing the waste of water resources. To enact these

provisions, entities must verify legal authority to adopt such provisions, and must

promulgate valid rules, orders, or ordinances.

B. Required Measures

The following landscape water conservation measures are required to be included in the

landscape management regulations adopted and enforced in this plan.

1. Lawn and Landscape Irrigation Restrictions

a. A person commits an offense if the person irrigates, waters, or knowingly or

recklessly causes or allows the irrigation or watering of any lawn or landscape

located on any property owned, leased, or managed by the person between the

hours of 10:00 a.m. and 6:00 p.m. from April 1 through October 31 of any year.

b. A person commits an offense if the person knowingly or recklessly irrigates, waters,

or causes or allows the irrigation or watering of lawn or landscape located on any

property owned, leased, or managed by that person in such a manner that causes:

1) over-watering lawn or landscape, such that a constant stream of wateroverflows from the lawn or landscape onto a street or other drainage area; or

2) irrigating lawn or landscape during any form of precipitation or freezingconditions. This restriction applies to all forms of irrigation, including automaticsprinkler systems; or

3) the irrigation of impervious surfaces or other non-irrigated areas, wind drivenwater drift taken into consideration.

c. A person commits an offense if the person knowingly or recklessly allows the

irrigation or watering of any lawn or landscape located on any property owned,

leased, or managed by the person more than two days per week.

2. Rain and Freeze Sensors and/or ET or Smart Controllers

Item 9

8/12/2019 20140527 Tcp


E-2

Any new irrigation system installed on or after November 4, 2004, must be equipped

with rain and freeze sensing devices and/or ET or Smart controllers in compliance with

state design and installation regulations.

a. A person commits an offense on property owned, leased or managed if the person:

1) knowingly or recklessly installs or allows the installation of new irrigationsystems in violation of Subsection B.2.a; or

2) knowingly or recklessly operates or allows the operation of an irrigation systemthat does not comply with Subsection B.2.a.

3. Filling or Refilling of Ponds

A person commits an offense if the person knowingly or recklessly fills or refills any

natural or manmade pond located on any property owned, leased, or managed by the

person by introducing any treated water to fill or refill the pond. This does not restrict

the filling or maintenance of pond levels by the effect of natural water runoff or theintroduction of well water into the pond. A pond is considered to be a still body of

water with a surface area of 500 square feet or more.

4. Washing of Vehicles

A person commits an offense if the person knowingly or recklessly washes a vehicle

without using a water hose with a shut-off nozzle on any property owned, leased, or

managed by the person.

5. EnforcementEach entity will develop its own set of penalties for violations of the ordinance, order, or

resolution. The ordinance, order, or resolution will designate the responsible official(s)

to implement and enforce the landscape water conservation measures.

C. Recommended Measures

1. Lawn and Landscape Irrigation Restrictions

a. A person commits an offense if the person knowingly or recklessly operates a lawn

or irrigation system or device on property that the person owns, leases, or manages

that:

1) has broken or missing sprinkler head(s); or

2) has not been properly maintained to prevent the waste of water.

Item 9

8/12/2019 20140527 Tcp


E-3

b. A person commits an offense if the person knowingly or recklessly overseeds a lawn

with rye or winter grass on property that the person owns, leases, or manages. Golf

courses and public athletic fields are exempt from this restriction.

c. All new athletic fields must have separate irrigation systems that are capable of

irrigating the playing fields separately from other open spaces.

2. Rain and Freeze Sensors

a. New irrigation systems are required to have rain and freeze sensors.

D. Variances

1. In special cases, variances may be granted to persons demonstrating extreme hardship

or need. Variances may be granted under the following circumstances:

a. the applicant must sign a compliance agreement agreeing to irrigate or water the

lawn and/or landscape only in the amount and manner permitted by the variance;

and

b. the variance must not cause an immediate significant reduction to the water supply;

and

c. the extreme hardship or need requiring the variance must relate to the health,

safety, or welfare of the person making the request; and

d. the health, safety, and welfare of the public and the person making the request

must not be adversely affected by the requested variance.2. A variance will be revoked upon a finding that:

a. the applicant can no longer demonstrate extreme hardship or need; or

b. the terms of the compliance agreement are violated; or

c. the health, safety, or welfare of the public or other persons requires revocation.

Item 9

8/12/2019 20140527 Tcp


APPENDIX F

LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS

Item 9

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp


F-2

Date

Mr. Bret McCoyChair, Region D Water Planning Group700 CR3347 Omaha, TX 75571

Dear Mr. McCoy:

Enclosed please find a copy of the recently updated Model Water Conservation Plan forthe Member Cities and Customers of the North Texas Municipal Water District. I amsubmitting a copy of this model plan to the Region D Water Planning Group in

accordance with the Texas Water Development Board and Texas Commission onEnvironmental Quality rules. The Board of the North Texas Municipal Water Districtadopted the updated model plan on ________ ___, 2013.

Sincerely,

Jim ParksExecutive Director

North Texas Municipal Water District

Item 9

8/12/2019 20140527 Tcp


APPENDIX G

ADOPTION OF WATER CONSERVATION AND DROUGHT CONTINGENCY

AND WATER EMERGENCY RESPONSE PLAN

Item 9

8/12/2019 20140527 Tcp



AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ARTICLE 13.05, “ WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN,” OF CHAPTER 13,“ UTILITIES,’ OF THE TOWN’S CODE OF ORDINANCES, AND AMENDING

APPENDIX A TO THE TOWN’S CODE OF ORDINANCES BY ADDINGTHERETO A NEW SECTION XVII, “ WATER CONSERVATION ANDENFORCEMENT FEES”; ADOPTING A WATER CONSERVATION ANDDROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN;ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OFDROUGHT RESPONSE STATES; ESTABLISHING RESTRICTIONS ONCERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATIONOF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDINGFOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDINGFOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FORTHE PUBLICATION OF THE CAPTION HEREOF.

WHEREAS , the Town of Prosper, Texas (the “Town”), recognizes that the amount ofwater available to its water customers is limited; and

WHEREAS , the Town recognizes that due to natural limitations, drought conditions,system failures and other acts of God which may occur, the Town cannot guarantee anuninterrupted water supply for all purposes at all times; and

WHEREAS , the Texas Water Code and the regulations of the Texas Commission onEnvironmental Quality (the “Commission”) require that the Town adopt a Drought ContingencyPlan; and

WHEREAS , the Town has determined an urgent need in the best interests of the publicto adopt a Drought Contingency Plan; and

WHEREAS , pursuant to Chapters 51 and 54 of the Texas Local Government Code, theTown is authorized to adopt any such ordinances necessary to preserve and conserve its waterresources; and

WHEREAS , the Town Council of the Town of Prosper, Texas (“Town Council”), desiresto adopt an updated Water Conservation and Drought Contingency and Water EmergencyResponse Plan for the Town of Prosper as official Town policy for water conservation; and

WHEREAS , the Town Council has investigated and determined that it will be

advantageous and beneficial to the citizens of Prosper and will protect the public health, safetyand welfare to adopt a drought contingency plan.


Item 9

8/12/2019 20140527 Tcp



SECTION 1


SECTION 2

From and after the effective date of this Ordinance, Section 13.05, “Water Conservationand Drought Contingency and Water Emergency Response Plan” of Chapter 13, “Utilities,” ofthe Town’s Code of Ordinances is hereby amended to read as follows:

“Sec. 13.05.001 Plan Adop ted

The Town Council hereby approves and adopts for the town, its citizens and water customersthe new Water Conservation and Drought Contingency and Water Emergency Response Plan(the “Plan”), attached to this Ordinance 14-__ as Exhibit A and incorporated herein for allpurposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office.

Sec. 13.05.002 Penalty

Any customer, defined pursuant to 30 Texas Administrative Code Chapter 291, failing to complywith the provisions of the Plan shall be subject to a fine of up to two thousand dollars($2,000.00) per day per occurrence and/or discontinuance of water service by the Town. Proofof a culpable mental state is not required for a conviction of an offense under this section. Eachday a customer fails to comply with the Plan is a separate violation. The Town’s authority toseek injunctive or other civil relief available under the law is not limited by this section.

Sec. 13.05.003 Adminis trative Remedies

The Town may elect to exercise the following administrative remedies for violations of the Plan

in lieu of pursuing criminal penalties against single family water account holders, business andprofessional parks, homeowners’ associations, apartments, home builders, land developers,and any other entities.

(a) Adminis trative Fees. Administrative fees shall be added to the customer’sregular monthly Town utility bill, as established in Appendix A to this code.

(b) Contesting Violations. A water customer as defined above may request ahearing before a hearing officer(s) appointed by the Executive Director of Development andCommunity Services within fifteen (15) business days after the date on the Notice. The hearingofficer(s) shall evaluate all information offered by the petitioner at the hearing. The customershall bear the burden of proof to show why, by preponderance of the evidence, the

administrative fee should not be assessed. The hearing officer(s) shall render a decision inwriting within three (3) business days of the conclusion of the hearing. A customer may appealthe decision from the hearing officer(s) in writing to the Executive Director of Development andCommunity Services within three (3) business days of the conclusion of the hearing. Thedecision by the Executive Director of Development and Community Services is final andbinding.

Item 9

8/12/2019 20140527 Tcp



(c) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days fromthe date on the Notice, the customer has not requested an administrative hearing to contest theassessment of an administrative fee or paid the administrative fee, the Town shall apply andcharge the assessed administrative fee to the customer’s next Town Utility Bill.”

SECTION 3

The Town Council hereby approves and adopts the Water Conservation and DroughtContingency and Water Emergency Response Plan (the “Plan”) as modified for the Town ofProsper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits toimplement the requirements and procedures set forth in the adopted Plan.

SECTION 4

From and after the effective date of this Ordinance, Appendix A to the Town’s Code ofOrdinances is amended by adding thereto a new Section XVII, “Water Conservation andEnforcement Fees,” to read as follows:

“Sec. XVII Water Conservation and Enforcement Fees

Adm inis tr ative Fees. Administrative fees for violations to the Town’s Water Conservation andDrought Contingency and Emergency Water Response Plan shall be added to water accountholders regular monthly Town utility bill as follows:

First Offense Warning /Online 40 Gallon ChallengeSecond Offense $100Third Offense and Subsequent offenses $300

Unpaid assessed administrative fees related to violations of water use restrictions under theTown Plan shall incur late payment penalties and may result in termination of water service.”

SECTION 5

All provisions of any ordinance in conflict with this Ordinance are hereby repealed to theextent they are in conflict; but such repeal shall not abate any pending prosecution for violationof the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced forany violation if occurring prior to the repeal of the ordinance. Any remaining portions of saidordinances shall remain in full force and effect.

SECTION 6

If any section, subsection, sentence, clause or phrase of this Ordinance is for any

reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decisionshall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declaresthat it would have passed this Ordinance, and each section, subsection, clause or phrasethereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,and phrases be declared unconstitutional.

Item 9

8/12/2019 20140527 Tcp



SECTION 7

Filing of Ordinance and Plan with Commission. The Town Manger or his designee ishereby directed to file a copy of the Plan and this Ordinance with the Commission in accordancewith Title 30, Chapter 288 of the Texas Administrative Code, as amended.

SECTION 8

Any person, firm, corporation or business entity violating this Ordinance shall be deemedguilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding TwoThousand Dollars ($2,000.00), and each and every day that such violation continues shall beconsidered a separate offense; provided, however, that such penal provision shall not precludea suit to enjoin such violation. The Town of Prosper retains all legal rights and remediesavailable to it pursuant to local, state and federal law.

SECTION 9

This Ordinance shall take effect and be in full force from and after its passage andpublication, as provided by the Revised Civil Statutes of the State of Texas and the Home RuleCharter of the Town of Prosper, Texas

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OFPROSPER, TEXAS ON THIS 27TH DAY OF MAY, 2014.

APPROVED:

________________________________Ray Smith, Mayor

ATTEST:

___________________________________Robyn Battle, Town Secretary


__________________________________Terrence S. Welch, Town Attorney

Item 9

8/12/2019 20140527 Tcp


APPENDIX H

ILLEGAL WATER CONNECTIONS AND THEFT OF WATER

Item 9

8/12/2019 20140527 Tcp


Item 9

8/12/2019 20140527 Tcp


Item 9

8/12/2019 20140527 Tcp


APPENDIX J

WATER CONSERVATION IMPLEMENTATION REPORT

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 1 of 11

Texas Commission on Environmental Quality

Water Conservation Implementation ReportPublic Water Supplier

This five year report must be completed by entities that are required to submit a water conservation plan to theTCEQ in accordance with Title 30 Texas Administrative Code, Chapter 288. Please complete this report and submitit to the TCEQ. If you need assistance in completing this form, please contact the Resource Protection Team in theWater Availability Division at (512) 239-4691.

CONTACT INFORMATION

Name of Entity:

Public Water Supply Identification Number (PWS ID):#0430009CCN numbers: 20888Water Right Permit numbers:Wastewater ID numbers: 10915-001

Check all that apply: Retail Public Water Supplier Wholesale Public Water Supplier

Address: 121 West Broadway St. City: Prosper Zip Code: 75078

Email: [email protected] Telephone Number: 972-347-9969

Regional Water Planning Group: C

Groundwater Conservation District: District 8

Form Completed By: Frank Jaromin Title: Director of Public Works

Signature: Date: Click here to enter a date.

Contact information for the person or department responsible for implementing thewater conservation plan:

Name: Public Works Phone: 972-347-9969 Email: [email protected]

Report Completed on Date: Click here to enter a date.

Reporting Period ( check only one ): Fiscal Period Begin: Period End: Calendar Period Begin: January 2009 Period End: December 2013

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 2 of 11

Please check all of the following that apply to your entity:

A surface water right holder of 1,000 acre-feet/year or more for non-irrigation uses A surface water right holder of 10,000 acre-feet/year or more for irrigation uses

*Important*If yo ur e n t ity m e e ts the fo llo w ing d esc rip t io n , p le a se sk ip p a g e 3 a nd

g o d ire c t ly t o p a g e 4 .

Your entity is a Wholesale Public Water Supplier that ONLY provides wholesalewater services for public consumption. For example, you only provide wholesale

water to other municipalities or water districts.

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 3 of 11

Fields that are gray are entered by the user.Select fields that are white and press F9 to

updated fields.

Water Use Accounting

Retail Water Sold: All retail water sold for public use and human consumption.

Helpful Hints: There are two options available for you to provide therequested information. Both options ask the same information; however,the level of detail and break down of information differs between thetwo options. Please select just one option that works best for your entityand fill in the fields as completely as possible.

For the five-year reporting period, enter the gallons of RETAIL water sold in each majorwater use category. Use only one of the following options.

Option 1Water Use Category* Gallons SoldSingle Family Residential

Multi-Family ResidentialTOTAL Residential Use 1 0 IndustrialCommercialInstitutionalTOTAL Retail Water Sold 0

1. [SF Res +MF Res = Residential Use] 2. [Res +Ind +Com +Ins = Retail Water Sold]

Option 2Water Use Category * Gallons SoldResidentialSelect all of the sectors that your account for as “Residential”.

Single Family Multi-Family 2909.129 MG

CommercialPlease select all of the sectors that your account for as“Commercial”.

Commercial Multi-Family Industrial Institutional

615.687 MG

IndustrialPlease select all of the sectors that your account for as“Industrial”.

Industrial Commercial Institutional

Other

Please select all of the sectors that your account for as “Other”.Commercial Multi-Family Industrial Institutional

TOTAL Retail Water Sold 3524.816 MG1. [Res +Com +Ind + Other = Retail Water Sold]

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 4 of 11

Wholesale Water Exported: Wholesale water sold or transferred out of the distributionsystem.

For the five-year reporting period, enter the gallons of WHOLESALE water exported to each major water use category.

1. [Mun +Agr +Ind +Com +Ins = Wholesale Water Exported]

Water Use Category* Gallons of ExportedWholesale Water

Municipal CustomersAgricultural CustomersIndustrial CustomersCommercial CustomersInstitutional CustomersTOTAL Wholesale Water Exported 0.00

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 5 of 11

System Data

Total Gallons During the Five-YearReporting Period

Water Produced: Volume produced from ownsources

36.334 MG

Wholesale Water Imported : Purchasedwholesale water imported from other sourcesinto the distribution system

3905.336 MG

Wholesale Water Exported: Wholesale watersold or transferred out of the distribution system(Insert Total Volume calculated on Page 4)

0

TOTAL System Input : Total water suppliedto the infrastructure

3,941.67 MG

[Produced + Imported – Exported = System Input]

Retail Water Sold : All retail water sold for public use and human consumption (Insert TotalResidential Use from Option 1 or Option 2 calculated onPage 3)

3524.816 MG

Other Consumption Authorized for Use butnot Sold:- back flushing water - line flushing - storage tank cleaning - golf courses

- fire department use - parks- municipal government offices

182.538 MG

TOTAL Authorized Water Use: All waterthat has been authorized for use orconsumption.

3,707.35 MG[Retail Water Sold + Other Consumption = Total Authorized]

Apparent Losses – Water that has beenconsumed but not properly measured(Includes customer meter accuracy, systematic datadiscrepancy, un- authorized consumption such as theft)

0

Real Losses – Physical losses from thedistribution system prior to reaching thecustomer destination(Includes physical losses from system or mains, reported

breaks and leaks, storage overflow)

234.316 MG

Unidentified Water Losses 0.00

[System Input- Total Authorized - Apparent Losses - Real Losses= Unidentified Water Losses]

TOTAL Water Loss234.32 MG

[Apparent + Real + Unidentified = Total Water Loss]

Fields that are gray are entered by the user.Select fields that are white and hit F9 to

updated fields.

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 6 of 11

Targets and Goals In the table below, please provide the specific and quantified five and ten-year targets forwater savings listed in your water conservation plan.

Date Target for:Total GPCD

Target for:Water Loss

(expressed in GPCD)

Target for:Water Loss Percentage

(expressed in Percentage)

Five-yeartarget date:

1/1/2019 170 8.5

5%

Ten-yeartarget date:

1/1/2024 155 6.2

4%

Are targets in the water conservation plan being met? Yes No If these targets are not being met, provide an explanation as to why, including any progresson these targets:

Gallons per Capita per Day (GPCD) and Water Loss Compare your current gpcd and water loss to the above targets and goals set in your previouswater conservation plan.

Total System Input in GallonsPermanentPopulation Current GPCD

3941.67 MG [Produced + Imported – Exported = System Input]

13,380161.42

[ (System Input ÷ Permanent Population) /5/

365 ]

Permanent Population is the total permanent population of the service area. This includes single family, multi-family, andgroup quarter populations.

Total Residential UsePermanentPopulation

Residential GPCD

2909.129 MG 13,380119.14

[ (Residential Use ÷ Residential Population) /5/ 365 ]

Residential Population is the total residential population of the service area including single & multi-family population.

Fields that are gray are entered by the user.

Select fields that are white and hit F9 toupdate fields.

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 7 of 11

Fields that are gray are entered by the user.Select fields that are white and hit F9 to

updated fields.

Total Water Loss Total System Input inGallons

PermanentPopulation

Water Loss calculatedin

GPCD 1 Percent 2

234.316 MG

[Apparent + Real + Unidentified = Total WaterLoss]

3941.67 MG

[Water Produced + WholesaleImported - Wholesale Exported]

13,3809.6 5.94 %

1. [Total Water Loss ÷ Permanent Population] / 5/ 365 = Water Loss GPCD] 2. [Total Water Loss ÷ Total System Input] x 100 = Water Loss Percentage]

Water Conservation Programs and Activities As you complete this section, please review your waterconservation plan to see if you are making progresstowards meeting your stated goals.

1. Water Conservation Plan What year did your entity adopt, or revise, their most recent water conservation plan: 2011

Does the plan incorporate Best Management Practices ? Yes No

2. Water Conservation Programs For the reporting period, please select the types of activities and programs that have been activelyadministered, and estimate the expense and savings that incurred in implementing the conservation

activities and programs for the past five years. Leave the field blank if unknown:

Program or ActivityEstimatedExpenses

Estimated GallonsSaved

Conservation Analysis & Planning Conservation Coordinator $25,000.00 200 MG Water Survey for Single-Family and Multi-Family Customers

Financial Wholesale Agency Assistance Programs Water Conservation Pricing/ Rate Structures $8000.00 200 MG

System Operations Water Loss Audits Leak Detection $20,000.00 50 MG Universal Metering and Metering Repair $50,000.00 50 MG

Landscaping Landscape Irrigation Conservation andIncentives

Item 9

http://www.savetexaswater.org/bmp/



8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 8 of 11

Athletic Fields Conservation Golf Course Conservation Park Conservation

Education & Public Awareness School Education $5000.00 1 MG Public Information $4000.00 1 MG

Rebate, Retrofit, and Incentive Programs Conservation Programs for ICI Accounts Residential Clothes Washer IncentiveProgram

Water Wise Landscape Design andConversion Programs

Showerhead, Aerator, and Toilet FlapperRetrofit

Residential Toilet Replacement Programs Rainwater Harvesting Incentive Program ICI Incentive Programs

Conservation Technology Recycling and Reuse Programs (Water orWastewater Effluent)

Rainwater Harvesting and CondensateReuse Programs

$500.00 1 MG

Regulatory and Enforcement Prohibition on Wasting Water $8000.00 5 MG

TOTAL $120,500.00 508 MG

3. Reuse (Water or Wastewater Effluent) For the reporting period, please provide the following data regarding the types of direct andindirect reuse activities that were administered for the past five years:

Reuse Activity Estimated Volume (in gallons)

On-site irrigationPlant wash downChlorination/de-chlorinationIndustrialLandscape irrigation (parks, golf courses)AgriculturalOther, please describe:Estimated Volume of Recycled or Reuse 0

4. Water Savings

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 9 of 11

For the five-year reporting period, estimate the total savings that resulted from your overall waterconservation activities and programs?

Estimated

Gallons Saved(Total fromConservation ProgramsTable)

Estimated Gallons

Recycled or Reused (Total from Reuse Table)

Total Volume of

Water Saved1

Dollar Value

of Water Saved 2

508 MG 0 508 MG $221,500.001. [Estimated Gallons Saved + Estimated Gallons Recycled or Reused = Total Volume Saved]2. Estimate this value by taking into account water savings, the cost of treatment or purchase of your water, and any

deferred capital costs due to conservation.

5. Conservation Pricing / Conservation Rate Structures During the five-year reporting period, have your rates or rate structure changed? Yes No

Please indicate the type of rate pricing structures that you use: Uniform rates Water Budget Based rates Surcharge - seasonal Flat rates Excess Use Rates Surcharge - drought

Inclining/ Inverted Block Drought Demand rates Surcharge - usage demand Declining Block rates Tailored rates

Seasonal rates

6.

Public Awareness and Education Program For the five-year reporting period, please check the appropriate boxes regarding any publicawareness and educational activities that your entity has provided:

Implemented Number/Unit

Example: Brochures Distributed 10,000/year

Exam le: Educational School 50 students/monthBrochures Distributed Messages Provided on Utility Bills 4500/QuarterlyPress Releases 10/YearTV Public Service Announcements Radio Public Service Announcements Educational School Programs Displays, Exhibits, and Presentations Community Events 3/Year

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 10 of 11

Social Media campaigns 20/YearFacility Tours Other :

7. Leak DetectionDuring the five-year reporting period, how many leaks were repaired in the system or at serviceconnections: Estimated 350Please check the appropriate boxes regarding the main cause of water loss in your system duringthe reporting period:

Leaks and breaks Un-metered utility or city uses Master meter problems Customer meter problems Record and data problems Other: Click here to enter text. Other: Click here to enter text.

8. Universal Metering and Meter Repair For the five-year reporting period, please provide the following information regarding meterrepair:

Total Number Total Tested Total Repaired TotalProductionMeters

3 0 0 0

Meters largerthan 1 ½”

472 0 0 0

Meters 1 ½ orsmaller

4672 2 510 512

Does your system have automated meter reading? Yes No

Item 9

8/12/2019 20140527 Tcp


TCEQ-20646 rev. (09-18-2013) Page 11 of 11

9. Conservation Communication EffectivenessIn your opinion, how would you rank the effectiveness of your conservation activities inreaching the following types of customers for the past five years?

10. Drought Contingency and Emergency Water Demand ManagementDuring the five-year reporting period, did you implement your Drought Contingency Plan?

Yes No If yes, indicate the number of days that your water use restrictions were in effect: 2 Years and 4months. December 13, 2011 - Present

If yes, please check all the appropriate reasons for your drought contingency efforts going intoeffect.

Water Supply Shortage Equipment Failure High Seasonal Demand Impaired Infrastructure Capacity Issues Other:

If you have any questions on how to fill out this form or about the Water Conservation program, please

contact us at 512/239-4691.Individuals are entitled to request and review their personal information that the agency gathers on its forms. Theymay also have any errors in their information corrected. To review such information, contact us at 512-239-3282.

Do not have activities orprograms that target this

type customer.

Less ThanEffective

SomewhatEffective

HighlyEffective

Residential Customers

Industrial Customers

Institutional Customers

Commercial Customers

Agricultural Customers

Item 9

8/12/2019 20140527 Tcp


Page 1 of 1


From: Matt Richardson., P.E., Senior Engineer



Agenda Item:Consider and act upon an amendment to the Capital Improvement Plan (CIP) for the SouthwestCorner Frontier Park Practice Fields project.

Description of Agenda Item: At the December 10, 2013, Town Council meeting, Town Council directed staff to proceed withthe design of the park improvements at the Southwest Corner of Frontier Park. At the January14, 2014, Town Council meeting, Town Council approved a CIP Amendment creating theSouthwest Corner Frontier Park Practice Fields project and reallocating budgeted funds in theamount of $292,000 from the Cockrell Park project.

Concurrently on tonight's agenda, Town Council will consider a bid award in the amount of$381,566.75 related to the construction services for the Southwest Corner Frontier ParkPractice Fields project. This bid award exceeds the project budget due to increases in thescope of the project during planning and design, including an increased area of practice fields,including additional turf and irrigation, increased grading of the project site, and removal of theexisting sand volleyball courts.

Budget Impact:Staff has reviewed available funds and proposes increasing the project budget from $292,000 to$440,000. The estimated design of the project is $25,000 with the remaining $415,000allocated to the construction of the project. The $148,000 increase will be funded from ParkDedication Fees Fund.

At tac hed Documen ts :1. CIP Amendment

Town Staff Recommendation:Town staff recommends that the Town Council approve an amendment to the CapitalImprovement Plan (CIP), in the additional amount of $148,000, for the Southwest CornerFrontier Park Practice Fields project.

Proposed Motion: I move to approve an amendment to the Capital Improvement Plan (CIP), in the additionalamount of $148,000, for the Southwest Corner Frontier Park Practice Fields project.

ENGINEERING


Item 10

8/12/2019 20140527 Tcp


I SS UE D R EI MB . R ES . A UT HO RI ZE D N EWPrio r Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024

PK1304 Frontier Park - Southwest Corner Practice Fields 292,000 292,000 292,000 6

292,000 292,000 292,000


PK1304 Frontier Park - Southwest Corner Practice Fields +148,000 +148,000 +148,000 6

+148,000 +148,000 +148,000


PK1304 Frontier Park - Southwest Corner Practice Fields 440,000 440,000 440,000 6

440,000 440,000 440,000

Other Sources0. Impact Fees1. Grant and Interlocal Funds2. Other Sources (see Project Detail)3. Developer Agreement(s)4. Decision Package5. Water/Wastewater Fund6. Park Development Fund7. Stormwater Drainage Fund8. Tax Increment Reinvestment Zone #1 (TIRZ 1)9. Tax Increment Reinvestment Zone #2 (TIRZ 2)

CIP Amendment - 05/27/2014

FUNDING SOURCES

UBTOTAL

PARK PROJECTS - ORIGINAL

UBTOTAL

UNISSUED DEBT SCHEDULE

UBTOTAL

OTHERSOURCES

FUNDING SOURCES UNISSUED DEBT SCHEDULEOTHER

SOURCESPARK PROJECTS - REVISED

PROJECT SCHEDULE TOTALPROJECT

COSTS

PARK PROJECTS - MODIFICATIONPROJECT SCHEDULE TOTAL

PROJECTCOSTS

PROJECT SCHEDULE FUNDING SOURCES UNISSUED DEBT SCHEDULE

SOURCES

TOTALPROJECT

COSTSOTHER

Item 10

8/12/2019 20140527 Tcp


Page 1 of 2


From: Paul Naughton, RLA, Landscape Archi tect

Through : Harlan Jefferson, Town Manager

Re: Town Council Meeting – May 27, 2014

Agenda Item:Consider and act upon awarding Bid No. 2014-35-B to Superscapes, Inc., related to theconstruction services for the Southwest Corner Frontier Park Practice Fields, and authorizing theTown Mana ger to execute same.

Descrip tion o f Agenda Item:On April 23, 2014, at 2:00 p.m., seven (7) bids were opened for the Southwest Corner FrontierPark Practice Fields project. The verified totals from the bidders ranged between $381,566.75 and$447,232.00. Superscapes, Inc. was determined to be the lowest bidder at $381,566.75.

The base bid and alternates are summarized below:

Alt. #1: Furnish and Install Double Batting Cages per plans and specifications Alt. #2: Furnish and Install Double Batting Cages w/ concrete pad per plans and specifications

Alt. #3: Concrete walkway to batting cages Alt. #4: Provide power outlets at batting cages Alt. #5: Complete Irrigation System w/ Motorola Controller in lieu of I-Core Controller Alt. #6: Alternative artificial turf installation within batting cages

None of the alternates are recommended to be awarded with this contract. Town staff is workingon preparing a separate bid for the Double Batting Cages, in an effort to receive more competitivepricing.


PARKS &RECREATION

Item 11

8/12/2019 20140527 Tcp


Page 2 of 2

Budget Impact:Base Bid $ 381,566.75Total Contract Amount $ 381,566.75Contingency $ 33,433.25

TOTAL Proposed Bud get $ 415,000.00

The total cost of the construction contract is $381,566.75. The construction budget for the projectwill be revised to $415,000, to include $33,433.25 contingency. The CIP will be amended to reflectan increase in the budget from $292,000 to $440,000 from the Park Dedication Fee Fund for thisproject. The additional $25,000 represents the budgeted amount for the design of the project.

Legal Obligations and Review:Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form andlegality.

At tached Documents:1. Bid Tabulation Summary

2. Construction Services Contract Agreement3. Location Map

Town Staff Recommendation:Town staff recommends the Town Council award Bid No. 2014-35-B to Superscapes, Inc., in theamount of $381,566.75, and authorize the Town Manager to execute a Construction ServicesContract Agreement between Superscapes, Inc., and the Town of Prosper related to constructionservices for the Southwest Corner Frontier Park Practice Fields.

Proposed Motion: I move to award Bid No. 2014-35-B to Superscapes, Inc., in the amount of $381,566.75, andauthorize the Town Manager to execute a Construction Services Contract Agreement between

Superscapes, Inc., and the Town of Prosper related to construction services for the SouthwestCorner Frontier Park Practice Fields.

Item 11

8/12/2019 20140527 Tcp


Bid No: 2014-35-B Southwest Corner Frontier Park Practice FieldsBid Opening: 4/23/14 at 2:00 PM

Base Bid Alt 1 Alt 2 Alt 3 Alt 4

Superscapes, Inc. $ 381,566.75 $ 120,000.00 $ 145,000.00 $ 3,525.50 $ 5,500.00 $ 52,

Raydon, Inc. $ 385,561.48 $ 81,368.00 $ 102,046.00 $ 2,884.50 $ 4,250.00 $ 6

Affiliated Western, Inc. $ 388,268.05 $ 92,822.74 $ 119,126.87 $ 3,970.08 $ 10,507.50 $ 41

RoeschCo Construction, Inc. $ 389,747.00 $ 80,000.00 $ 102,000.00 $ 3,205.00 $ 3,500.00 $ 11,0

HQS Construction, LLC $ 408,470.00 $ 104,100.00 $ 120,100.00 $ 3,846.00 $ 3,000.00 $ 10DCI Contracting, Inc. $ 408,792.50 $ 84,000.00 $ 95,000.00 $ 3,205.00 $ 12,000.00 $ 13

Town of ProsperBid Tabulation

, . , . , . , . , . , .

Certified By: January M. Cook, CPPO, CPPB Purchasing Agent 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 tabulaconstrued asacomment ontheresponsiveness of suchbid/proposal or asany indicationthat theagencyacceptssuchbid/proposal asbeingresponsive. Thea determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines andincludingbut not limitedto theproject specifications and contract documents. The agencywill notify thesuccessful vendor uponaward of thecontractlaw, all bid/proposal responses received will be available for inspection at that time.

8/12/2019 20140527 Tcp


SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDSPAGE 13

CONSTRUCTION AGREEMENT

THE STATE OF TEXAS )) KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF COLLIN )

This Construction Agreement (the "Agreement") is made by and betweenSuperscapes, Incorporated , (the "Contractor") and the Town of Prosper, Texas, amunicipal corporation (the "Owner"). For and in consideration of the payment,agreements and conditions hereinafter mentioned, and under the conditionsexpressed in the bonds herein, Contractor hereby agrees to complete the constructionof improvements described as follows:

SOUTHWEST CORNER FRONTIER PARK PRACTICE FILEDS BID NO. 2014-35-B

in the Town of Prosper, Texas, and all extra work in connection therewith, under theterms as stated in the terms of this Contract, including all Contract Documentsincorporated herein; and at his, her or their own proper cost and expense to furnish allsuperintendence, labor, insurance, equipment, tools and other accessories andservices necessary to complete the said construction in accordance with all theContract Documents, incorporated herein as if written word for word, and inaccordance with the Plans, which include all maps, plats, blueprints, and otherdrawings and printed or written explanatory manner therefore, and the Specificationsas prepared by Town of Prosper or its consultant hereinafter called Engineer, who hasbeen identified by the endorsement of the Contractor's written proposal, the GeneralConditions of this Contract, the Special Conditions of this Contract, the payment,performance, and maintenance bonds hereto attached; all of which are made a parthereof and collectively evidence and constitute the entire Contract.

A. Con tract 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;

Item 11

8/12/2019 20140527 Tcp



9. the Contractor’s Bid Proposal;

10. any listed and numbered addenda;

11. the Performance, Payment, and Maintenance Bonds; and,

12. any other bid 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 becomplementary; what is called for by one document shall be as binding as if called for by allContract Documents. It is specifically provided, however, that in the event of any inconsistencyin the Contract Documents, the inconsistency shall be resolved by giving precedence to theContract Documents in the order in which they are listed herein above. If, however, there existsa conflict or inconsistency between the Technical Specifications and the Construction Drawingsit shall be the Contractor’s obligation to seek clarification as to which requirements or provisionscontrol before undertaking any work on that component of the project. Should the Contractorfail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisionsprior to any work on that component of the project, the Contractor shall be solely responsible forthe costs and expenses - including additional time - necessary to cure, repair and/or correctthat component of the project.

B. Total of Payments Due Contractor

For performance of the Work in accordance with the Contract Documents, the Ownershall pay the Contractor in current funds an amount not to exceedThree Hundred Eighty-One Thousand Five Hundred Sixty-Six Dollars and Seventy-FiveCents ($ 381,566.75 ). This amount is subject to adjustment by change order in accordancewith the Contract Documents.C. Dates to Start and Complete Work

Contractor shall begin work within ten (10) calendar days after receiving a written Noticeto Proceed or written Work Order from the Owner. All Work required under the ContractDocuments shall be substantially completed within 120 calendar days after the date of theNotice to Proceed for the base bid. Within 30 additional calendar days after SubstantialCompletion, 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 PRIVATECAPACITIES, 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 EXPENSESOF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICHMAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,

Item 11

8/12/2019 20140527 Tcp



DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR,OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANYOFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS,INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICHCONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATINGTO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS

CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSEDEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCHCLAIMS AND DEMANDS.

CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHERWITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS,

AGENTS, AND EMPLOYEES, 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 EXPENSESOF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FORINJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USEOF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCEOF 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 PARTFROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWNCOUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESSINTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THISPARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OFPROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S)OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSEOF 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 DIRECTLYOR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OFTHEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALLNOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OFDAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR

ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEEBENEFIT ACTS.

INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURTCOSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANYEXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY ANINDEMNIFIED 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 byContractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retainapproved counsel for the Owner within seven (7) business days after receiving written noticefrom 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 Ownershall have the right to retain counsel and the Contractor shall pay these attorneys' fees andexpenses.

Item 11

8/12/2019 20140527 Tcp



The Owner retains the right to provide and pay for any or all costs of defendingindemnified items, but it shall not be required to do so. To the extent that Owner elects toprovide and pay for any such costs, Contractor shall indemnify and reimburse Owner for suchcosts.

(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151of the Texas Insurance Code as it falls within one of the exclusions contained in Section151.105 of the Texas Insurance Code.)

E. Insurance Requirements

1. Before commencing work, the Contractor shall, at its own expense, procure, payfor and maintain the following insurance coverage written by companiesapproved by the State of Texas and acceptable to the Town of Prosper. TheContractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance withall applicable required provisions. Certificates shall reference the project/contractnumber and be addressed as follows:

Southwest Corner Frontier Park Practice FieldsBid No. 2014-35-BTown of Prosper

Attn: Purchasing Agent121 W. BroadwayProsper, Texas 75078

(a) Commercial General Liability insurance, including, but not limited toPremises/Operations, Personal & Advertising Injury, Products/CompletedOperations, Independent Contractors and Contractual Liability, withminimum combined single limits of $1,000,000 per-occurrence,$1,000,000 Products/Completed Operations Aggregate and $2,000,000general aggregate. If high risk or dangerous activities are included in theWork, explosion, collapse and underground (XCU) coverage is alsorequired. Coverage must be written on an occurrence form. The General

Aggregate shall apply on a per project basis.

(b) Workers’ Compensation insurance with statutory limits; and Employers’Liability coverage with minimum limits for bodily injury: a) by accident,$100,000 each accident, b) by disease, $100,000 per employee with aper policy aggregate of $500,000.

(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000each occurrence and annual aggregate for bodily injury and propertydamage, that follows form and applies in excess of the above indicatedprimary coverage in subparagraphs a and b. The total limits requiredmay be satisfied by any combination of primary, excess or umbrellaliability insurance provided all policies comply with all requirements. TheContractor may maintain reasonable deductibles, subject to approval bythe Owner.

Item 11

8/12/2019 20140527 Tcp



2. With reference to the foregoing required insurance, the Contractor shall endorseapplicable insurance policies as follows:

(a) A waiver of subrogation in favor of Town of Prosper, its officials,employees, and officers shall be contained in the Workers’ Compensationinsurance policy.

(b) The Town of Prosper, its officials, employees and officers shall be namedas additional insureds on the Commercial General Liability policy, byusing endorsement CG2026 or broader. (Please note that this “additionalinsured” coverage requirement is not prohibited by Chapter 151 of theTexas Insurance Code as it falls within one of the exclusions contained inSection 151.105 of the Texas Insurance Code.)

(c) All insurance policies shall be endorsed to the effect that Town of Prosperwill receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies.

3. All insurance shall be purchased from an insurance company that meets afinancial rating of “A” or better as assigned by the A.M. BEST Company or equivalent.

4. With respect to Workers’ Compensation insurance, the Contractor agrees tocomply with all applicable provisions of 28 Tex. Admin Code§ 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth inParagraph F following.

F. Workers' Compensation Insurance Coverage

1. Definitions:

Certificate of coverage ("certificate")- A copy of a certificate of insurance, acertificate of authority to self-insure issued by the commission, or a coverageagreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutoryworkers' compensation insurance coverage for the person's or entity's employeesproviding services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on theproject until the Contractor's/person's work on the project has been completedand accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in §406.096) - includesall persons or entities performing all or part of the services the Contractor hasundertaken to perform on the project, regardless of whether that personcontracted directly with the Contractor and regardless of whether that person hasemployees. This includes, without limitation, independent contractors,subcontractors, leasing companies, motor carriers, owner-operators, employeesof any such entity, or employees of any entity which furnishes persons to provideservices on the project. "Services" include, without limitation, providing, hauling,

Item 11

8/12/2019 20140527 Tcp



or delivering equipment or materials, or providing labor, transportation, or otherservice related to a project. "Services" does not include activities unrelated to theproject, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets.

2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section401.011(44) for all employees of the Contractor providing services on the project,for the duration of the project.

3. The Contractor must provide a certificate of coverage to the governmental entityprior to being awarded the contract.

4. If the coverage period shown on the Contractor's current certificate of coverageends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmentalentity showing that coverage has been extended.

5. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity:

(a) a certificate of coverage, prior to that person beginning work on theproject, so the governmental entity will have on file certificates ofcoverage showing coverage for all persons providing services on theproject; and

(b) no later than seven days after receipt by the Contractor, a new certificateof coverage showing extension of coverage, if the coverage period shown

on the current certificate of coverage ends during the duration of theproject.

6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should haveknown, of any change that materially affects the provision of coverage of anyperson providing services on the project.

8. The Contractor shall post on each project site a notice, in the text, form and

manner prescribed by the Texas Workers' Compensation Commission, informingall persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage.

9. The Contractor shall contractually require each person with whom it contracts toprovide services on a project, to:

(a) provide coverage, based on proper reporting of classification codes andpayroll amounts and filing of any coverage agreements, which meets the

Item 11

8/12/2019 20140527 Tcp


8/12/2019 20140527 Tcp



contract void if the Contractor does not remedy the breach within ten days afterreceipt of notice of breach from the governmental entity.

G. Performance, Payment and Maintenance Bonds

The Contractor shall procure and pay for performance and payment bonds applicable tothe work in the amount of the total bid price. The Contractor shall also procure and pay for amaintenance bond applicable to the work in the amount of ten percent (10%) of the total bidprice. The period of the Maintenance Bond shall be two years from the date ofacceptance of all work done under the contract, to cover the guarantee as set forth inthis Const ruction Agreement. The performance, payment and maintenance bonds shall beissued in the form attached to this Construction Agreement as Exhibits B, C and D. Otherperformance, payment and maintenance bond forms shall not be accepted. Among other things,these bonds shall apply to any work performed during the two-year warranty period afteracceptance as described in this Construction Agreement.

The performance, payment and maintenance bonds shall be issued by a corporatesurety, acceptable to and approved by the Town, authorized to do business in the State ofTexas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shallsupply capital and surplus information concerning the surety and reinsurance informationconcerning the performance, payment and maintenance bonds upon Town request. In additionto the foregoing requirements, if the amount of the bond exceeds One Hundred ThousandDollars ($100,000) the bond must be issued by a surety that is qualified as a surety onobligations permitted or required under federal law as indicated by publication of the surety’sname in the current U.S. Treasury Department Circular 570. In the alternative, an otherwiseacceptable surety company (not qualified on federal obligations) that is authorized and admittedto write surety bonds in Texas must obtain reinsurance on any amounts in excess of OneHundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as areinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicatedby publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department

Circular 570.

H. Progress Payments and Retainage

As it completes portions of the Work, the Contractor may request progress paymentsfrom the Owner. Progress payments shall be made by the Owner based on the Owner'sestimate of the value of the Work properly completed by the Contractor since the time the lastprogress payment was made. The "estimate of the value of the work properly completed" shallinclude the net invoice value of acceptable, non-perishable materials actually delivered to andcurrently at the job site only if the Contractor provides to the Owner satisfactory evidence thatmaterial suppliers have been paid for these materials.

No progress payment shall be due to the Contractor until the Contractor furnishes to theOwner:

1. copies of documents reasonably necessary to aid the Owner in preparing anestimate of the value of Work properly completed;

2. full or partial releases of liens, including releases from subcontractors providingmaterials or delivery services relating to the Work, in a form acceptable to the

Item 11

8/12/2019 20140527 Tcp



Owner releasing all liens or claims relating to goods and services provided up tothe date of the most recent previous progress payment;

3. an updated and current schedule clearly detailing the project’s critic al pathelements; 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 tocorrection through the adjustment of subsequent progress payments and the final payment toContractor. If the Owner determines after final payment that it has overpaid the Contractor, thenContractor agrees to pay to the Owner the overpayment amount specified by the Owner withinthirty (30) calendar days after it receives written demand from the Owner.

The fact that the Owner makes a progress payment shall not be deemed to be anadmission 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 progresspayment 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, theOwner shall withhold a percentage of the progress payment as retainage. The amount ofretainage withheld from each progress payment shall be set at five percent (5%). Retainageshall be withheld and may be paid to:

a. ensure proper completion of the Work. The Owner may use retained funds topay replacement or substitute contractors to complete unfinished or defectivework;

b. ensure timely completion of the Work. The Owner may use retained funds to payliquidated damages; and

c. provide an additional source of funds to pay claims for which the Owner isentitled 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 returnedto the Contractor as part of the final payment.

I. Withholding Payments to Contractor

The Owner may withhold payment of some or all of any progress or final payment thatwould otherwise be due if the Owner determines, in its discretion, that the Work has not beenperformed in accordance with the Contract Documents. The Owner may use these funds to payreplacement or substitute contractors to complete unfinished or defective Work.

The Owner may withhold payment of some or all of any progress or final payment thatwould otherwise be due if the Owner determines, in its discretion, that it is necessary and properto provide an additional source of funds to pay claims for which the Owner is entitled toindemnification from Contractor under the Contract Documents.

Item 11

8/12/2019 20140527 Tcp



Amounts withheld under this section shall be in addition to any retainage.

J. Acceptance of the Work

When the Work is completed, the Contractor shall request that the Owner perform a finalinspection. The Owner shall inspect the Work. If the Owner determines that the Work has beencompleted in accordance with the Contract Documents, it shall issue a written notice ofacceptance of the Work. If the Owner determines that the Work has not been completed inaccordance with the Contract Documents, then it shall provide the Contractor with a verbal orwritten 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 inthe Owner's written notice of acceptance of the Work. The Work shall not be deemed to beaccepted based on "substantial completion" of the Work, use or occupancy of the Work, or forany reason other than the Owner's written Notice of Acceptance. Further, the issuance of acertificate 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 ofthe Work. In this event, the notice shall state specifically what portion of the Work is accepted.

K. Acceptance of Erosion Control Measures

When the erosion control measures have been completed, the Contractor shall requestthat the Owner perform a final inspection. The Owner shall inspect the Work. If the Ownerdetermines that the Work has been completed in accordance with the Contract Documents andper TPDES General Construction Permit, it shall issue a written Notice of Acceptance of theWork. If the Owner determines that the Work has not been completed in accordance with theContract 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 inspectionshall be scheduled.

L. 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 necessarymeasurements 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 toContractor, if any.

Final payment to the Contractor shall not be due until the Contractor provides original fullreleases of liens from the Contractor and its subcontractors, or other evidence satisfactory tothe Owner to show that all sums due for labor, services, and materials furnished for or used inconnection with the Work have been paid or shall be paid with the final payment. To ensure this

Item 11

8/12/2019 20140527 Tcp



result, Contractor consents to the issuance of the final payment in the form of joint checks madepayable to Contractor and others. The Owner may, but is not obligated to issue final paymentusing joint checks.

Final payment to the Contractor shall not be due until the Contractor has supplied to theOwner original copies of all documents that the Owner determines are reasonably necessary toensure both that the final payment amount is properly calculated and that the Owner hassatisfied its obligation to administer the Construction Agreement in accordance with applicablelaw. The following documents shall, at a minimum, be required to be submitted prior to finalpayment being due: redline as-built construction plans; consent of surety to final payment;public infrastructure inventory; affidavit of value for public infrastructure; and, final changeorder(s). “Redline as-built construction plans” shall include, but are not limited to markups forchange orders, field revisions, and quantity overruns as applicable. The list of documentscontained in this provision is not an exhaustive and exclusive list for every project performedpursuant to these Contract Documents and Contractor shall provide such other and furtherdocuments 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 FinalPayment 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 beenaccepted.

M. 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 arenecessary to correct all defects in the Work arising because of defective materials orworkmanship supplied or provided by Contractor or any subcontractor. This shall also includeareas of vegetation that did meet TPDES General Construction Permit during final close out buthave 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 Contractorof the date and time of this inspection so that a Contractor representative may be present. Afterthe warranty inspection, and before the end of the two-year warranty period, the Owner shallmail to the Contractor a written notice that specifies the defects in the Work that are to becorrected.

The Contractor shall begin the remedial work within ten (10) calendar days afterreceiving the written notice from the Town. If the Contractor does not begin the remedial worktimely or prosecute it diligently, then the Owner may pay for necessary labor and materials toeffect 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 andworkmanship, 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. Expensesincurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performancebond surety, or both.

Item 11

8/12/2019 20140527 Tcp



Any Work performed by or for the Contractor to fulfill its warranty obligations shall beperformed in accordance with the Contract Documents. By way of example only, this is toensure that Work performed during the warranty period is performed with required insuranceand the performance and payment bonds still in effect.

Work performed during the two-year warranty period shall itself be subject to a one-yearwarranty. This warranty shall be the same as described in this section.

The Owner may make as many warranty inspections as it deems appropriate.

N. Compliance with Laws

The Contractor shall be responsible for ensuring that it and any subcontractorsperforming any portion of the Work required under the Contract Documents comply with allapplicable federal, state, county, and municipal laws, regulations, and rules that relate in anyway to the performance and completion of the Work. This provision applies whether or not alegal requirement is described or referred to in the Contract Documents.

Ancillary/Integral Professional Services: In selecting an architect, engineer, landsurveyor, or other professional to provide professional services, if any, that are required by theContract Documents, Contractor shall not do so on the basis of competitive bids but shall makesuch selection on the basis of demonstrated competence and qualifications to perform theservices in the manner provided by Section 2254.004 of the Texas Government Code and shallso certify to the Town the Contractor's agreement to comply with this provision with Contractor'sbid.

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 theContractor copies of the Contract Documents for signature. Six (6) copies of the ContractDocuments shall be signed by an authorized representative of the Contractor and returned tothe Town.

The Construction Agreement "effective date" shall be the date on which the TownCouncil acts to approve the award of the Contract for the Work to Contractor. It is expresslyprovided, however, that the Town Council delegates the authority to the Town Manager or hisdesignee to rescind the Contract award to Contractor at any time before the Owner delivers tothe Contractor a copy of this Construction Agreement that bears the signature of the TownManager and Town Secretary or their authorized designees. The purpose of this provision is toensure:

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 hisdesignee determines that information indicates that the Contractor was not thelowest responsible bidder or that the Contractor cannot perform all of itsobligations under the Contract Documents.

Item 11

8/12/2019 20140527 Tcp



THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OFCONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THECONTRACT DOCUMENTS, UNTIL THE DATE THE 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.

Although the Construction Agreement has been drafted by the Owner, should anyportion of the Construction Agreement be disputed, the Owner and Contractor agree that it shallnot be construed more favorably for either party.

The Contract Documents are binding upon the Owner and Contractor and shall insure totheir benefit and as well as that of their respective successors and assigns.

If Town Council approval is not required for the Construction Agreement underapplicable law, then the Construction Agreement "effective date" shall be the date on which theTown 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 laterdate shall be the effective date.

CONTRACTORTOWN OF PROSPER, TEXAS

By: By: HARLAN JEFFERSON

Title: Title: Town Manager

Date: Date:

Address:

Phone:Fax:

Address: 121 W. BroadwayProsper, Texas 75078

Phone: (972) 346 - 2640Fax: (972) 569 - 9335

ATTEST:

ROBYN BATTLETown Secretary

Item 11

8/12/2019 20140527 Tcp


Frontier Parkway

Southwest Corner Improvements

Frontier Park Master Plan

8/12/2019 20140527 Tcp


Page 1 of 3


From: Juli e Shivers, Recreation Servic es Coordinator



Agenda Item:

Consider and act upon an Ordinance amending Section XIII, “Parks and Recreation User Fees,"of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) theretorelative to fees for the use of athletic facilities for tournaments, camps, and clinics.

Description of Ag enda Item:Currently the Town does not have a fee structure for tournaments, camps, and clinics. Staffsurveyed multiple municipalities to determine an appropriate fee structure for the Town ofProsper. With the increased requests for utilizing Town facilities, staff will be able to betteraccommodate outside organizations and/or individuals that inquire about the use of Townfacilities for tournaments, camps, and clinics.

Town staff conducted a survey of several surrounding cities including Allen, Denton, McKinney,

Plano, Richardson, and Southlake. In compiling the data, staff found that the fees fortournaments, camps, and clinics vary greatly across the area. For example, Plano's tournamentfee structure is the following:

$10 per team $60 per field per day fee plus a $7 per hour field activity fee from start to completion $295 per field establishment/set up fee $40 per hour per field for lights (starts when turned on)

Whereas, Southlake's tournament fee structure is the following:

Baseball $8,000 MIN (includes first 50 teams)o $125 gate fee (each team over initial 50)o $1,200 deposit

Softball $3,300 MIN (includes first 20 teams) o $125 gate fee (each team over the initial 20) o $500 deposit

4 days or more tournament o $11,000 MIN (includes first 50 teams)o $125 gate fee (each team over the initial 50) o $1,650 deposit

Turf sports: not offered


PARKS &RECREATION

Item 12

8/12/2019 20140527 Tcp


Page 2 of 3

Town staff proposes the following tournament fee structure for the Town of Prosper:

Tournament Fees Co-SponsoredOrganization

Resident,Non Co-Sponsored

Organization

Non-Resident,Non Co-Sponsored

Organization

Per team (2 day MIN) $ 25.00 $ 25.00 $ 50.00Per team/additional day $ 15.00 $ 15.00 $ 30.00Deposit per field $ 100.00 $ 100.00 $ 100.00MIN Tournament Fee $ 500.00 $ 750.00 $ 1,000.00Lights per hour per field $ 15.00 $ 15.00 $ 15.00On-site staff $ 25.00/hour $ 25.00/hour $ 25.00/hourField preparation $ 40.00/field $ 40.00/field $ 40.00/field

For camps and clinics, fees continue to vary across the board. For example, Richardson's feestructure is the following:

Partners: MIN fee of $250, $5/per participant per day Resident, Non-Partners: MIN fee of $300, $5/per participant per day Non-Resident, Non-Partner: MIN fee of $450, $10/per participant per day An additional $25 fee per hour per field for lights

Town staff proposes the following camps and clinics fee structure for the Town of Prosper:

Camps and Clinics Co-SponsoredOrganization

Resident,Non Co-Sponsored

Organization

Non-Resident,Non Co-Sponsored

Organization

Per participant per day $ 5.00 $ 5.00 $ 10.00Deposit per field $ 100.00 $ 100.00 $ 100.00MIN Camp/Clinic Fee $ 250.00 $ 300.00 $ 450.00Lights per hour per field $ 15.00 $ 15.00 $ 15.00On-site staff $ 25.00/hour $ 25.00/hour $ 25.00/hourField preparation $ 40.00/field $ 40.00/field $ 40.00/field

Budget Impact:These fees will assist the Parks and Recreation Department on recovering some of its operatingand personnel costs.

Legal Oblig ations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and

legality.


Parks and Recreation Board Recommendation: At the April 10, 2014, Parks and Recreation Board (PARBd) meeting, the PARBd approved feesfor tournaments, camps, and clinics as recommended.

Item 12

8/12/2019 20140527 Tcp


Page 3 of 3

Town Staff Recommendation:Town staff recommends that the Town Council approve an Ordinance amending Section XIII,“Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by addinga new subsection (c) thereto relative to fees for the use of athletic facilities for tournaments,camps, and clinics.

Proposed Motion: I move to approve an Ordinance amending Section XIII, “Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto relativeto fees for the use of athletic facilities for tournaments, camps, and clinics.

Item 12

8/12/2019 20140527 Tcp



AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS, AMENDING SECTION XIII, “ PARKS AND RECREATION USERFEES,” OF APPENDIX A TO THE TOWN’S CODE OF ORDINANCES BY

ADDING A NEW SUBSECTION (C) THERETO RELATIVE TO FEES FOR THEUSE OF ATHLETIC FACILITIES FOR TOURNAMENTS, CAMPS, ANDCLINICS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITYCLAUSES; 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 (“Town Council”) hasinvestigated and determined that the fees for Parks and Recreation users should be amendedto address tournament, camp and clinic fees, which fees are not currently addressed in theTown’s fee schedule, contained in Appendix A to the Town’s Code of Ordinances; and

WHEREAS , the Prosper Parks & Recreation Board has reviewed the proposed fees andrecommends adoption of the same by the Town Council; and

WHEREAS , the Town Council hereby finds and determines that it will be advantageous,beneficial and in the best interests of the citizens of Prosper to amend Appendix A to the Town’sCode of Ordinances as set forth below.


SECTION 1


SECTION 2

From and after the effective date of this Ordinance, Section XIII, “Parks and RecreationUser Fees,” of Appendix A to the Town’s Code of Ordinances is hereby amended by adding anew subsection (c) to read as follows:

“Sec. XIII Parks & recreation user fees

* * *

(c) Tournaments, Camps, and Clinic Fees

Co-Sponsored Organization Fees:

• Tournament Feeso $ 25/per team (up to a two day tournament)o $ 15/per team/additional dayo $ 100 deposit per fieldo Minimum fee for tournaments is $500.

Item 12

8/12/2019 20140527 Tcp


2

• Camps and Clinics Feeso $ 5/per participant per dayo $ 100 deposit per fieldo Minimum fee for camps and clinics is $250.

Resident, Non Co-Sponsored Organization Fees:

• Tournament Feeso $ 25/per team (up to a two day tournament)o $ 15/per team/additional dayo $ 100 deposit per fieldo Minimum fee for tournaments is $750.


Non-Resident, Non-Co-Sponsored Organization Fees:

• Tournament Feeso $ 50/per team (up a two day tournament)o $ 30/per team/additional dayo $ 100 deposit per fieldo Minimum fee for tournaments is $1,000.


General Fees:

o Lights are charged at $15/hour/fieldo On site staff is $25/hour/staff member, if deemed necessary by the Parks and

Recreation Departmento Field preparation is $40/field/per preparation

SECTION 3

All provisions of any ordinance in conflict with this Ordinance are hereby repealed to theextent they are in conflict; but such repeal shall not abate any pending prosecution for violationof the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced forany violation if occurring prior to the repeal of the ordinance. Any remaining portion ofconflicting ordinances shall remain in full force and effect.

Item 12