18-51 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-51
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE, ORDINANCE NO. 06-73, ORDINACE NO. 17-
34, AND ORDINANCE NO. 18-14, BY REZONING A TRACT OF LAND
CONSISTING OF 236.498 ACRES, MORE OR LESS, SITUATED IN THE
JAMES STONE SURVEY, ABSTRACT NO. 847, THE WILLIAM H.
THOMPSON SURVEY, ABSTRACT NO. 895, THE I.C. WILLIAMSON
SURVEY, ABSTRACT NO. 948, AND THE SPENCER GRAHAM SURVEY,
ABSTRACT NO. 359, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, FROM PLANNED DEVELOPMENT -25 (PD -25) TO PLANNED
DEVELOPMENT -87 (PD -87); DESCRIBING THE TRACT TO BE REZONED;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that the Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from
Prosper 119 and Prosper 236 ("Applicant"), to rezone 236.498 acres of land, more or less,
situated in the James Stone Survey, Abstract No. 847, the William H. Thompson Survey,
Abstract No. 895, the I.C. Williamson Survey, Abstract No. 948, and the Spencer Graham
Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findinas Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town's Zoning Ordinance, Ordinance No. 06-73, Ordinance No. 17-
34, and Ordinance No. 18-14. The Town's Zoning Ordinance, adopted by Ordinance No. 05-
20, Ordinance No. 06-73, Ordinance No. 17-34, and Ordinance No. 18-14, are amended as
follows: The zoning designation of the below -described property containing 236.498 acres of
land, more or less, situated in the James Stone Survey, Abstract No. 847, the William H.
Thompson Survey, Abstract No. 895, the I.C. Williamson Survey, Abstract No. 948, and the
Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas, (the
"Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby
rezoned as Planned Development -87 (PD -87). The property as a whole and the boundaries for
each zoning classification are more particularly described in Exhibit A and attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with 1) the statement of intent and purpose, attached
hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3)
the zoning site plan, attached hereto as Exhibit "D"; 4) the development schedule, attached
hereto as Exhibit "E"; 5) the design guidelines, attached hereto as Exhibit "F", and 6) the design
guidelines, attached hereto as Exhibit "G " which are incorporated herein for all purposes as if
set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time -to -time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
Ordinance No. 18-51, Page 2
SECTION 5
Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severabilitv. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED,,' I'�C�fADOPTED BY THE TOWN
TOWN OF PROSPER ,a ; iiNjDAY OF JULY, 2018.
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a • 1 �
Ray Smi h, Mayor
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Rob n Battle, own Secret111111I%
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-51, Page 3
COUNCIL OF THE
Lakewood
Planned Development -87
in the
TOWN OF PROSPER, TEXAS
JULY 2018
Ordinance No. 18-51, Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT A
(236.5 ACRES)
Ordinance No. 18-51, Page 5
EXHIBIT "A"
LAKEWOOD LEGAL DESCRIPTION
236.498 ACRES
BEING, a tract of land situated in the James Stone Survey, Abstract No. 847, William H.
Thomson Survey, Abstract No. 895, I.C. Williamson Survey, Abstract No. 948 and Spencer
Graham Survey, Abstract No. 359 in the Town of Prosper, Collin County, Texas, being part of a
Tract of land to Prosper 55, L.P., as recorded in Document No. 20120111000035080 in the Deed
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING, at a 5/8 inch iron rod found at the northeast corner of Prosper Middle School No.
2 Addition Block A, Lots 1 & 2, an addition to the Town of Prosper, as described in Document
Number 20081208010004240, in the Plat Records of Collin County, Texas;
THENCE, North 89°26'21" West, along the north line of said Prosper Middle School No. 2
Addition Block A, for a distance of 1104.65 feet, to a'/2 inch iron rod set with a yellow cap
stamped "Corwin Eng. Inc.", at the northwest corner of said Lot 1 Block A, being in the east line
of Coit Road (Variable R.O.W.), as described in Document No. 20110407000363170 in said
Deed Records;
THENCE, North 00°08'40" East, along the east line of said Coit Road, for a distance of 406.21
feet, to'/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00°04'52" East, continuing along said east line, for a distance of 1461.48 feet,
to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the south line of a
18.028 acre tract, as described in Clerks File No. 20070423000545140, in said Deed Records;
THENCE, South 89°38'35" East, departing the east line of said Coit Road and along the south
line of said 18.028 acre tract, at 919.49 feet, passing the southeast corner of said 18.028 acre tract
and continuing for a total distance of 969.49 feet, to a'/2 inch iron rod set with a yellow cap
stamped "Corwin Eng. Inc.";
THENCE, South 00°18'44" West, for a distance of 444.50 feet, to a'/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 38°14'51" East, for a distance of 148.84 feet, to 1/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", in the south line of the 170' TP&L Easement, as
recorded in Volume 810, Page 693 in said Deed Records;
THENCE, North 51°46'30" East, along the south line of said 170' TP&L Easement, for a
distance of 948.70 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 38°14'51" West, departing said south line, for a distance of 285.04 feet, to a %2
inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00°38'32" East, for a distance of 617.05 feet, to a %2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 89°21'28" West, for a distance of 1476.62 feet, to a 1/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a
radius of 1055.00 feet, a central angle of 23°40'42", and a tangent of 221.15 feet;
Ordinance No. 18-51, Page 6
THENCE, along said curve to the left for an are distance of 436.00 feet (Chord Bearing North
78'48'11 " East — 432.90 feet), to a'/z inch iron rod set with a yellow cap stamped "Corwin Eng.
Inc.", at the point of tangency;
THENCE, North 66°57'50" East, for a distance of 257.27 feet, to a'/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the right, having a
radius of 1245.00 feet, a central angle of 19'32'16", and a tangent of 214.35 feet;
THENCE, along said curve to the right for an arc distance of 424.54 feet (Chord Bearing North
76°43'58" East — 422.49 feet), to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng.
Inc.", at the point of tangency;
THENCE, North 86°30'06" East, for a distance of 487.45 feet, to a %2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the right, having a
radius of 1490.00 feet, a central angle of 04° 11' 17", and a tangent of 54.48 feet;
THENCE, along said curve to the right for an arc distance of 108.91 feet (Chord Bearing North
88°35'44" East — 108.89 feet), to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng.
Inc.";
THENCE, South 89°18'37" East, for a distance of 354.49 feet, to a %2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc."
THENCE, South 00°45'49" West, for a distance of 493.54 feet, to a'/2 inch iron rod set, being a
point on a curve to the left, having a radius of 1080.00 feet, a central angle of 56°04'09", and a
tangent of 575.08 feet;
THENCE, along said curve to the left for an arc distance of 1056.88 feet (Chord Bearing South
52°28'08" West — 1015.21 feet), to a'/2 inch iron rod set with a yellow cap stamped "Corwin
Eng. Inc.", at the point reverse curvature of a curve to the right, having a radius of 470.00 feet, a
central angle of 30°29'34" and a tangent of 128.10 feet;
THENCE, along said curve to the right for an arc distance of 250.13 feet (Chord Bearing South
39°40'50" West — 247.19 feet), to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng.
Inc.", at the point reverse curvature of a curve to the left, having a radius of 680.00 feet, central
angle of 42°10'43", and a tangent of 262.24 feet;
THENCE, along said curve to the left for an arc distance of 500.58 feet (Chord Bearing South
33'50'16" West — 489.36 feet), to 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng.
Inc.";
THENCE, South 00°40'40" West, for a distance of 1401.20 feet, to 1/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 89'13'04" West, for a distance of 2774.51 feet, to %2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", in the east line of said Prosper Middle School No. 2
Addition Block A, Lots 1 & 2;
THENCE, North 00°32'37" East, along the east line of said Prosper Middle School No. 2
Addition Block A, Lots 1 & 2, for a distance of 39.65feet, to the POINT OF BEGINNING and
containing 236.498 acres of land.
Ordinance No. 18-51, Page 7
EXHIBIT "B"
STATEMENT OF INTENT AND PURPOSE
The purpose of this submittal is to re -align PD -25 and PD -39 into new planned development
districts with respect to the current property ownership and divide the existing entitlements on a
pro -rata basis amongst the new PDs and tracts. The development standards for the new planned
development districts are outlined herein. Design Guidelines are included to ensure the
provision of a quality planned development over time.
Ordinance No. 18-51, Page 8
EXHIBIT "C"
DEVELOPMENTSTANDARDS
1. Single -Family Residential Component
1.1. Definition: Single Family shall mean the use of a lot with one building designed for
and containing not more than one unit with facilities for living, sleeping, cooking, and
eating therein.
1.2. General Description: This Planned Development Ordinance permits single-family
residential units as reflected below:
Type "A" Lots Unlimited
Type `B" Lots 40 Maximum Units
Type "C" Lots 159 Maximum Units
Type "D" Lots 446 Maximum Units
TOTAL LOTS 645 Type B, C, D Lots
The development standards for such housing are outlined below or, if not specifically
addressed herein, as set forth in the SF -2 Zoning Classifications of Zoning Ordinance
No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended.
1.3. Allowed Uses: Land uses allowed within this PD district are as follows:
• Accessory buildings incidental to the allowed use and constructed of the same
materials as the main structure.
• Churches / rectories
• Civic facilities
• Electronic security facilities, including gatehouses and control counter
• Fire stations and public safety facilities
• Gated communities with private streets, (developed to Town Standards)
• Public or Private Parks, playgrounds and neighborhood recreation facilities
including, but not limited to, swimming pools, clubhouse facilities and tennis
courts, to be stated on plat
• Residential uses as described herein
• Schools — public or private
• Golf Course for Country Club (including clubhouse, maintenance facilities,
on -course food and beverage structure, and on course restroom facilities.)
• Temporary real estate sales offices for each builder during the development
and marketing of the Planned Development which shall be removed no later
than 30 days following the final issuance of the last Certificate of Occupancy
(CO) on the last lot owned by that builder.
• Temporary buildings of the builders and uses incidental to construction work
on the premises, which shall be removed upon completion of such work.
Ordinance No. 18-51, Page 9
• Utility distribution lines and facilities. Electric substations shall be allowed
by SUP.
1.4. Densitv: The maximum gross residential density for any single neighborhood shall be
no greater than 5.0 du/ac.
1.5. Reauired Parkin;?: A minimum of four (4) off-street concrete parking spaces shall be
provided for each residential unit, except townhouses where no off-street parking is
required. As part of the parking requirement, at least two (2) of the off-street parking
spaces shall be in an enclosed garage. The parking of recreational vehicles, sports
vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of
this Ordinance, "recreational vehicle" means any mobile unit (motorized or under
tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or
any use other than human transport and material transport typically associated with a
car, sport utility vehicle, or pick-up truck, and "sports vehicle" means a vehicle
designed for or modified for off-road or other recreational use, which is not a
standard car, sport utility vehicle or pick-up.
1.6. Exterior Facade Building Materials: (see Exhibits `F' and `G')
1.7. Area and building requirements: Lot area and building requirements are as follows:
1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following
table.
Min. Lot Area (sq. ft.)
LOT AREA SUMMARY
A B C D
15,000 12,000 9,000 7,000
1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in
the following table.
LOT COVERAGE SUMMARY
A B C D
Max. Building coverage (%) 50 50 50 60
1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the
following table as measured at the front building line of the lot, except that lots at
the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the
minimum width by 10 feet as measured along the arc at the front building line;
provided all other requirements of this section are fulfilled.
Ordinance No. 18-51, Page 10
LOT WIDTH SUMMARY
A B C D
Min. Lot Width (ft.) 90 80 70 55
1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the
following table:
LOT DEPTH SUMMARY
A B C D
Min. Lot Depth (ft.) 125 125 125 125
1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the
following table.
FRONT YARD SETBACK SUMMARY
A B C D
Min. Front Yard (ft.) 30 25 20 5
Covered drives and porte-cocheres that are architecturally designed as an integral
element of the main structure may extend up to five feet from the established front
building line into the front yard area.
1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the
following table.
SIDE YARD SETBACK SUMMARY
A B C D
Min. Side Yard (ft.) 8 7 7 511
The side yard for all corner lots shall be a minimum of 15 feet. Single-family
detached lots shall not side to First Street or Custer Road.
1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots,
except that lots with "C-shaped" houses, such house configurations enclosing a
courtyard space, may have a rear yard of ten feet. When the final plat requires a
front yard staggered setback in excess of the setback established in 1.7.5 above,
Ordinance No. 18-51, Page 11
the rear yard depth shall be reduced by the same amount as the required staggered
setback.
1.7.8. Building Height: Buildings shall be a maximum of two and one-half (21/2) stories,
not to exceed forty-five feet (45') in height. Chimneys, antennas and other such
architectural projections not used for human occupancy may extend above this
height limit.
1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area
shall be as shown in the following table.
MINIMUM DWELLING AREA SUMMARY
A B C D
Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200
2. Single-family Residential Component - General Conditions Tract `A'
2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance:
Except as amended herein, this Planned Development District shall conform to any
and all applicable articles and sections of ordinances and regulations of the Town of
Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03-
05, as they presently exist or may be amended. All right -of- ways as specified in the
Town's Transportation Plan will be deeded to the Town at the time of development
with the Final Plat.
2.2. Amenities: The intent of this PD regarding the provision of amenities is for an
integration of built and natural elements working together as a system that provides
for the active and passive recreational needs of the Lakewood community specifically
and of the Town of Prosper generally. The distribution of natural beauty throughout
the development, exemplified by lakes, mature trees and areas of rolling topography,
provides the opportunity for a community -wide trail punctuated with nodes of built
improvements such as pocket parks. In this way, neighborhood is linked to
neighborhood and the Lakewood community is linked to the Town.
2.3. Screening and Bufferin;?: Residential development adjacent to East First Street, and
Coit Road shall be screened by a combination of earthen berms, turf grass, trees
and shrubs and meandering sidewalk within a twenty -five-foot landscape edge, as
specified on the attached Exhibit "D" and which shall comply with the Town's
Transportation Plan requirements. All turf and landscaping areas will be irrigated.
Screening fences shall be located along the berm areas and shall meet the
requirements of the Subdivision Ordinance 03-05, as it exists or may be amended.
Screening walls consisting of thin-wall brick shall not be allowed.
Ordinance No. 18-51, Page 12
2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit "D") and made a
part of the ordinance. It establishes the most general guidelines for the district by
identifying the project boundaries, land use types, approximate thoroughfare
locations, R.O.W. dedication, roads, all easements and illustrates the integration of
these elements into a master plan for the whole district.
2.5. Streets: The streets shown on Exhibit `D' from U.S. Hwy. 380 to F.M. Hwy. 2478
(Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty -foot wide
right-of-way. The paved section for these streets shall be concrete paving thirty-one
feet wide, except for the potential widening to accommodate traffic at intersections
with major thoroughfares. In the event that a school is located within the
development, additional paving width will be provided to accommodate school
traffic. The developer will be responsible for one-half the cost for the street adjacent
to the school.. The residential streets shall consist of a fifty -foot wide right-of-way
with a thirty-one foot paving section; and drainage systems, which shall be
incorporated into the street facility with concrete paving and mountable curbs. In
neighborhoods where lots are alley -served, residential streets shall consist of a fifty -
foot wide right-of-way with a thirty-one foot paving section; and drainage systems,
which shall be incorporated into the street facility with concrete paving and
mountable curbs. All Collector Class Thoroughfares shall meet the standards
specified in the Town's Transportation Plan. All Residential Streets, Collector
Streets and Thoroughfares with landscape and setback areas shall be shown on the
Plat. Right-of-way area shall be dedicated and provided to adjacent street or road
sections in conformance with the approved Town of Prosper Transportation Plan.
2.6. Maintenance of Facilities: The Developer has established a Homeowner's Association
(HOA), in which membership is mandatory for each lot, and that will be responsible
for operation and maintenance of all common areas and/or common facilities
contained within the area of the Planned Development District or adjacent Right- of -
Way (ROW). As the Property develops in phases, each new phase shall be annexed
into the association as specified in Exhibit E. Prior to transfer of the ownership to the
HOA, all specified facilities shall be constructed by the Developer and approved by
the Town. The developer has provided the Town with a copy of the deed restrictions
that will become part of the deed of record and will provide the Town with any
amendments or revisions to the deed restrictions.
2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the
street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally
meandering where possible. The residential streets will have a four foot wide
sidewalk located on each side of the street and shall be located no less than two feet
from the street right-of-way line. Corner lots shall also provide the aforementioned
requirement. All public street sidewalks and crossings shall be ADA compliant. In
locations where open space, common, or HOA areas exist, sidewalks shall be
extended to connect with adjacent walks or trails.
Ordinance No. 18-51, Page 13
2.8. Landscapiniz
2.8.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches
above the root ball, shall be planted in the front yard of each Tract `A' residential
lot (see Exhibit `F'). The required trees will typically be planted by the builder at
the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
If pre-existing trees on the lot remain in a healthy and vigorous condition after the
completion of construction on the lot, and such trees meet the caliper -inch
requirement, this requirement may be waived by the Town Building Official.
2.8.2. Yard Space that Abuts Street (side vard on a street): Two canopy trees as
specified on the landscape plan, with a minimum caliper of four inches each as
measured twelve inches above the root ball, shall be planted in each side yard
space that abuts a street. These required trees shall be in addition to the required
front yard trees and shall be planted generally parallel to the street at the edge of
the street right of way. The required trees will typically be planted by the builder
at the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to
Collector Streets within the development. Such landscaping shall include trees,
shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts
a street shall be limited to, and extend from, the house perimeter and walkways.
Such beds shall have natural shapes. The intent of this guideline is to reinforce
the continuity of the street with planting beds that visually reinforce the street
edge rather than the lot. Therefore, floating beds in the yard space are prohibited.
Such planting beds must run parallel to the street and create natural shapes that
respond to the required trees (described above).
2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major
Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such fencing shall
conform to the standards established by the Town for various types of fencing as found
in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit `F')
2.10. Open Snace Reauirements: The Lakewood public parkland/open space dedication has
been met by the dedication of the 22.84 acre Lakewood Preserve to the Town of
Prosper.
2.11. Mechanical Eauipment: All mechanical equipment (pool, air conditioning, solar
collectors, etc.) must be completely screened from public view. A combination of
screens, hedges, or walls should be used to screen equipment or mechanical areas.
3. Single-family Residential Component - General Conditions Tract `B'
Ordinance No. 18-51, Page 14
3. 1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance:
Except as amended herein, this Planned Development District shall conform to any
and all applicable articles and sections of ordinances and regulations of the Town of
Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03-
05, as they presently exist or may be amended. All right -of- ways as specified in the
Town's Transportation Plan will be deeded to the Town at the time of development
with the Final Plat.
3.2. Amenities: The intent of this PD regarding the provision of amenities is for an
integration of built and natural elements working together as a system that provides
for the active and passive recreational needs of the Lakewood community specifically
and of the Town of Prosper generally. The distribution of natural beauty throughout
the development, exemplified by lakes, mature trees and areas of rolling topography,
provides the opportunity for a community -wide trail punctuated with nodes of built
improvements such as pocket parks. In this way, neighborhood is linked to
neighborhood and the Lakewood community is linked to the Town.
3.3. Screening and Buffering: Residential development adjacent to East First Street, and Coit
Road shall be screened by a combination of earthen berms, turf grass, trees and
shrubs and meandering sidewalk within a twenty -five-foot landscape edge, as
specified on the attached Exhibit "D" and which shall comply with the Town's
Transportation Plan requirements. All turf and landscaping areas will be irrigated.
Screening fences shall be located along the berm areas and shall meet the
requirements of the Subdivision Ordinance 03-05, as it exists or may be amended.
Screening walls consisting of thin-wall brick shall not be allowed.
3.4. Zoniniz Site Plan: A Zoning Site Plan is hereby attached (Exhibit "D") and made a
part of the ordinance. It establishes the most general guidelines for the district by
identifying the project boundaries, land use types, approximate thoroughfare
locations, R.O.W. dedication, roads, all easements and illustrates the integration of
these elements into a master plan for the whole district.
3.5. Streets: The streets shown on Exhibit `D' from U.S. Hwy. 380 to Coit Road, and to
C.R. 79 (E. First St.) shall be designed within a sixty -foot wide right-of-way. The
paved section for these streets shall be concrete paving thirty-one feet wide, except
for the potential widening to accommodate traffic at intersections with major
thoroughfares. In the event that a school is located within the development,
additional paving width will be provided to accommodate school traffic. The
developer will be responsible for one-half the cost for the street adjacent to the
school. The residential streets shall consist of a fifty -foot wide right-of-way with a
thirty -one -foot paving section; and drainage systems, which shall be incorporated
into the street facility with concrete paving and mountable curbs. In neighborhoods
where lots are alley -served, residential streets shall consist of a fifty -foot wide right-
of-way with a thirty-one foot paving section; and drainage systems, which shall be
Ordinance No. 18-51, Page 15
incorporated into the street facility with concrete paving and mountable curbs. All
Collector Class Thoroughfares shall meet the standards specified in the Town's
Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares
with landscape and setback areas shall be shown on the Plat. Right-of-way area shall
be dedicated and provided to adjacent street or road sections in conformance with the
approved Town of Prosper Transportation Plan.
3.6. Maintenance of Facilities: The Developer has established a Homeowner's Association
(HOA), in which membership is mandatory for each lot, and that will be responsible
for operation and maintenance of all common areas and/or common facilities
contained within the area of the Planned Development District or adjacent Right- of -
Way (ROW). As the Property develops in phases, each new phase shall be annexed
into the association as specified in Exhibit E. Prior to transfer of the ownership to the
HOA, all specified facilities shall be constructed by the Developer and approved by
the Town. The developer has provided the Town with a copy of the deed restrictions
that will become part of the deed of record and will provide the Town with any
amendments or revisions to the deed restrictions
3.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the
street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally
meandering where possible. The residential streets will have a four foot wide
sidewalk located on each side of the street and shall be located no less than two feet
from the street right-of-way line. Corner lots shall also provide the aforementioned
requirement. All public street sidewalks and crossings shall be ADA compliant. In
locations where open space, common, or HOA areas exist, sidewalks shall be
extended to connect with adjacent walks or trails.
3.8. Landscai)in2
3.8.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches
above the root ball, shall be planted in the front yard of each Tract `B' residential
lot (see Exhibit `G'). The required trees will typically be planted by the builder at
the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
If pre-existing trees on the lot remain in a healthy and vigorous condition after the
completion of construction on the lot, and such trees meet the caliper -inch
requirement, this requirement may be waived by the Town Building Official.
3.8.2. Yard Space that Abuts Street (side vard on a street): Two canopy trees as
specified on the landscape plan, with a minimum caliper of four inches each as
measured twelve inches above the root ball, shall be planted in each side yard
space that abuts a street. These required trees shall be in addition to the required
front yard trees and shall be planted generally parallel to the street at the edge of
the street right of way. The required trees will typically be planted by the builder
Ordinance No. 18-51, Page 16
at the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
3.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to
Collector Streets within the development. Such landscaping shall include trees,
shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts
a street shall be limited to, and extend from, the house perimeter and walkways.
Such beds shall have natural shapes. The intent of this guideline is to reinforce
the continuity of the street with planting beds that visually reinforce the street
edge rather than the lot. Therefore, floating beds in the yard space are prohibited.
Such planting beds must run parallel to the street and create natural shapes that
respond to the required trees (described above).
3.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major
Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such
fencing shall conform to the standards established by the Town for various types
of fencing as found in Subdivision Ordinance 03-05 as it exists or may be
amended. (see Exhibit `G')
3.10. Open Space Requirements: The Lakewood public parkland/open space dedication has
been met by the dedication of the 22.84 acre Lakewood Preserve to the Town of Prosper.
3.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar
collectors, etc.) must be completely screened from public view. A combination of
screens, hedges, or walls should be used to screen equipment or mechanical areas.
Ordinance No. 18-51, Page 17
EXHIBIT "D"
ZONING SITE PLAN
ad R7 TRACT m
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Ordinance
Ordinance No. 18-51, Page 18
EXHIBIT "E"
DEVELOPMENTSCHEDULE
Lakewood Phase 1 has delivered 247 lots and Lakewood Preserve, the 22.84 public park, has
been dedicated to the Town of Prosper. The development schedule for the remaining 140.42
acres will be phased over the next five years. It is projected that the remaining land will be
developed in multiple phases. Market conditions may extend the anticipated development
schedule.
Ordinance No. 18-51, Page 19
EXHIBIT "F"
SINGLE-FAMILY RESIDENTIAL TRACT `A' DESIGN GUIDELINES
1. ARCHITECTURE:
All residences must conform to the French Country or European style and character. The
Developer encourages architectural continuity through traditional architectural style and
the use of complementary materials, as well as architectural diversity through variation of
hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc.
While each home should compliment adjacent structures, every home should have a
unique identity through the use of detailing such as cast stone, wrought iron, window
treatments, dormers, turrets, flat work, tree placement, brick details, natural stone,
combining brick and natural stone, gas lights, landscape illumination, etc. The Developer
encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone
decorative features, paint grip sheet metal, copper guttering and European architectural
details that individualize each residence.
2. EXTERIOR MATERIALS & DETAILING:
2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all
walls visible from any street, and 80% masonry on each (not cumulative)
remaining side and rear elevations. All exposed portions of the fire breast, flu and
chimney shall be clad in brick, stone or brick and stone, matching the materials
used on the residence. All window headers, sides and sills, which are exposed to
the street or common areas, shall be constructed of cast stone, natural stone,
decorative shaped brick or a combination thereof. All windows will have a least
6" of exterior material between the header and fascia board. No Exterior
Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or
chimney.
2.2. The entire structure shall be guttered with downspouts. All gutter and
downspouts on the front of the house and any side that faces a street or common
area shall be molded form of smooth round material. Gutters shall not drain
across property lines.
2.3. Deleted.
2.4. For homes following the Type `D' guidelines described in Section 1.7 of this
document, no window shall be allowed on the zero side of a dwelling other than
those windows that would view to a courtyard enclosed by a masonry wall. The
height of such courtyard windows shall not be higher than the masonry wall.
Glass block windows shall be allowed and shall not be bound by this restriction
2.5. Deleted.
Ordinance No. 18-51, Page 20
2.6. Each structure shall have a minimum principal plate height of 10 feet on the first
floor and a minimum plate height of 9 feet on garages.
2.7. A uniform house number style and house number locations will be selected by the
developer.
2.8. A uniform mailbox style will be selected by the developer.
2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of
these. Stone shall be in chopped rectangular shapes and random sizes.
2.10. Cast Stone shall be light brown, white or cream in color with or without pitting.
2.11. Electrical meters visible from streets:
1. Deleted
2. Any meter visible from the street or common area must be screened by
solid fencing or landscape material.
3. ROOFING:
3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for
clay or tile applications). Architectural designs that warrant roof sections of less
pitch will be given consideration by the Developer. Satellite Dishes shall not be
installed in locations visible from the street, common areas or other residences.
Solar Collectors, if used, must be integrated into the building design and
constructed of materials that minimize their visual impact. Cornice, eave and
architectural details may project up to two feet six inches.
3.2. Roof material shall be standing seam copper, approved standing seam metal,
natural slate shingles, approved imitation slate shingles, clay tile, approved
imitation clay tile or approved composition 30 -year laminated shingles or other
approved roof material.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. The Developer will require
variation of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
4.1. Walls and screens visible from streets or common areas shall be constructed of
masonry matching that of the residence, masonry and wrought iron, or wrought
iron. Walls and screens not visible from streets or common areas may be
constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be
steel set in concrete and shall not be visible from the alley or another dwelling.
All fence tops shall be level with grade changes stepped up or down as the grade
changes.
Ordinance No. 18-51, Page 21
4.2. A common 4' wrought iron fence detail, to be used for all rear and side fencing
within the greenbelt / flood plain areas, will be chosen by the developer.
4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles,
garbage receptacles, and similar items must be visually screened from streets,
alleys, common areas and neighboring lots by solid screening walls that match the
residence material.
4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear
yards within a greenbelt shall be constructed of mortar jointed brick matching the
residence, or mortar jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways and lead walks from a public sidewalk to the front entry shall be
constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or
broom finished concrete with brick or stone border, or a rock salt finish with a brick or
stone border. Front entry surfaces shall be brick, stone, slate, or flagstone.
All garage doors shall be cedar clad doors or an approved equivalent. No more than two
single doors or one double door may face the primary street on a front elevation (i.e. a
third garage door may face a side street on corner lots).
6. EXTERIOR LIGHTING:
Each required tree shall be down lighted with a minimum of two landscape illumination
fixtures connected to an electric eye photocell. In addition, all garage doors must have
one exterior light per parking space. All front entrances must have no less than one down
light and a minimum of one bracket light beside each front entrance. All entrance down
lights and all entrance bracket lights shall be controlled by electric eye photocells, and
kept in working order at all times. All required tree lights, garage door lights, entrance
down lights and entrance bracket lights shall illuminate at dusk and shall remain
illuminated until sunrise.
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper trees in the front
yard. In addition to the two required front yard trees, a minimum of two 4" caliper trees
shall be planted in each side yard space abutting a street. Each lot shall include a least one
evergreen tree. The species of the trees shall be selected from the Town's Plant list for
"Large Trees."
Ordinance No. 18-51, Page 22
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EXHIBIT "G"
SINGLE-FAMILY RESIDENTIAL TRACT `B' DESIGN GUIDELINES
1. ARCHITECTURE:
The Developer encourages architectural continuity through traditional architectural style
and the use of complementary materials, as well as architectural diversity through
variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage
sizes, etc. While each home should complement adjacent structures, every home should
have a unique identity through the use of detailing such as cast stone, wrought iron,
window treatments, dormers, turrets, flat work, tree placement, brick details, natural
stone, combining brick and natural stone, gas lights, landscape illumination, etc.
1. EXTERIOR MATERIALS & DETAILING:
2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all
walls facing any street, and 80% masonry on each (not cumulative) remaining
side and rear elevations. All exposed portions of the fire breast, flu and chimney
shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and
Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney.
2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain
across property lines.
2.3. Deleted.
2.4. For homes following the Type `D' guidelines described in Section 1.7 of this
document, no window shall be allowed on the zero side of a dwelling other than
those windows that would view to a courtyard enclosed by a masonry wall. The
height of such courtyard windows shall not be higher than the masonry wall.
Glass block windows shall be allowed and shall not be bound by this restriction
2.5. Deleted.
2.6. Each structure shall have a minimum principal plate height of 10 feet on the first
floor and a minimum plate height of 9 feet on garages.
2.7. A uniform house number style and house number locations will be selected by the
developer.
2.8. A uniform mailbox style will be selected by the developer.
2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of
these or as approved by the developer.
Ordinance No. 18-51, Page 33
2. 10. Cast Stone shall be light brown, white or cream in color with or without pitting.
2.11. Electrical meters visible from streets:
1. Any meter visible from the street or common area must be screened by
solid fencing or landscape material.
3. ROOFING:
3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for
clay or tile applications). Architectural designs that warrant roof sections of less
pitch will be given consideration by the Developer. Satellite Dishes shall not be
installed in locations visible from the street, common areas or other residences.
Solar Collectors, if used, must be integrated into the building design and
constructed of materials that minimize their visual impact. Cornice, eave and
architectural details may project up to two feet six inches.
3.2. Roof material shall be standing seam copper, approved standing seam metal,
natural slate shingles, approved imitation slate shingles, clay tile, approved
imitation clay tile or approved composition 30 -year laminated shingles or other
approved roof material.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. The Developer will require
variation of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
4.1. Front walls and screens visible from streets shall be constructed of masonry
matching that of the residence, masonry and wrought iron, or wrought iron. Side
and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or
other approved materials. All fence posts shall be steel set in concrete and shall
not be visible from the alley or another dwelling. All fence tops shall be level
with grade changes stepped up or down as the grade changes.
4.2. A common 4' wrought iron fence detail, to be used as required, will be chosen by
the developer.
4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles,
garbage receptacles, and similar items must be visually screened from streets,
alleys, common areas and neighboring lots.
4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear
yards within a greenbelt shall be constructed of mortar jointed brick matching the
residence, or mortar jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
Ordinance No. 18-51, Page 34
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways and lead walks from a public sidewalk to the front entry shall be
constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or
broom finished concrete with brick or stone border, or a rock salt finish with a brick or
stone border. Front entry surfaces shall be brick, stone, slate, or flagstone.
All garage doors shall be cedar clad doors or an approved equivalent. No more than two
single doors or one double door may face the primary street on a front elevation (i.e. a
third garage door may face a side street on corner lots).
6. EXTERIOR LIGHTING:
All front entrances must have no less than one down light and a minimum of one bracket
light beside each front entrance.
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper trees in the front
yard. In addition to the two required front yard trees, a minimum of two 4" caliper trees
shall be planted in each side yard space abutting a street. Each lot shall include a least one
evergreen tree. The species of the trees shall be selected from the Town's Plant list for
"Large Trees."
Ordinance No. 18-51, Page 35