18-54 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-54
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE, ORDINANCE NO. 06-73, AND ORDINANCE
NO. 08-014, BY REZONING A TRACT OF LAND CONSISTING OF 654.5
ACRES, MORE OR LESS, SITUATED IN THE JEREMIAH HORN SURVEY,
ABSTRACT 411, THE LARKIN MCCARTY SURVEY, ABSTRACT 600, 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) AND PLANNED
DEVELOPMENT -39 (PD -39) TO PLANNED DEVELOPMENT -90 (PD -90);
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 55
Prosper ("Applicant"), to rezone 654.5 acres of land, more or less, situated in the Jeremiah Horn
Survey, Abstract 411, the Larkin McCarty Survey, Abstract 600, 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 Zonina Ordinance, Ordinance No. 06-73, and Ordinance No.
08-014. The Town's Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 06-
73, and Ordinance No. 08-014, are amended as follows: The zoning designation of the below -
described property containing 654.5 acres of land, more or less, situated in the Jeremiah Horn
Survey, Abstract 411, Larkin McCarty Survey, Abstract 600, 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 -90 (PD -90). 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/Reseal. 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. 18-54, 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/Reoealina 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 req uirg4J0y1llhlrI,p
*
OF PPi
DULY P $�",« �Af � r --AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PR(* TEX S, 04,T+ 10TH DAY OF JULY, 2018.
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I. Ray Smith Mayor
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•*O*0-
Robyn Battl , Town Secretary
APPROVED AS TO FORM AND LEGALITY:
&Juj-
Terrence S. Welch, Town Attorney
Ordinance No. 18-54, Page 3
Brookhollow
North
Planned Development -90
in the
TOWN OF PROSPER, TEXAS
JULY 2018
Ordinance No. 18-54, Page 4
EXHIBIT "A"
LEGAL DESCRIPTIONS
Tract A
Tract B
Tract C
Tract D
(654.5 ACRES)
Ordinance No. 18-54, Page 5
AREA 90-A
LEGAL DESCRIPTION
118.259 ACRES
BEING a tract of land in the LC.WILLIAMSON SURVEY ABSTRACT NO. 948, Collin County,
Texas, and being part of that tract of land described in Deed to 55 Prosper, L.P., according to the
document filed of record in Document Number 20120111000035080, Official Public Records,
Collin County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found in the north line of Highway 380, a variable width right-
of-way;
THENCE N 00" 30'22" W, a distance of 1,755.35 feet to a 1/2 inch iron rod found;
THENCE N 540 06' 11" E, a distance of 465.30 feet;
THENCE N 88° OF 51" E, a distance of 2,181.05 feet to a 1/2 inch iron rod found;
THENCE S 000 22'26" E, a distance of 2,078.53 feet to a 1/2 inch iron rod found in the above
mentioned north line;
THENCE With said north line, the following courses and distances:
S 89° 15'29" W, a distance of 467.49 feet;
N 00° 33'39" W, a distance of 187.19 feet;
S 89° 26'21" W, a distance of 50.00 feet;
S 00° 33'39" E, a distance of 183.51 feet;
N 73° 58' 14" W, a distance of 30.49 feet;
S 72° 55'02" W, a distance of 43.34 feet;
S 89° 28' 11" W, a distance of 911.94 feet;
N 84° 09'49" W, a distance of 197.85 feet;
N 89° 06' 13" W, a distance of 24.73 feet;
N 19° 26' 21" E, a distance of 155.87 feet;
N 70° 33' 39" W, a distance of 100.00 feet;
S 19° 26' 21" W, a distance of 193.27 feet;
Ordinance No. 18-54, Page 6
S 88° 55'59" W, a distance of 71.95 feet;
S 83° 44'26" W, a distance of 201.04 feet;
S 89'28'12" W, a distance of 454.58 feet to the POINT OF BEGINNING, and containing
118.259 acres of land, more or less.
Ordinance No. 18-54, Page 7
AREA 90-B
LEGAL DESCRIPTION
341.407 ACRES
BEING a tract of land in the SPENCER GRAHAM SURVEY, ABSTRACT NO. 359, JERIMIAH
HORN SURVEY, ABSTRACT NO. 411, LARKIN MCCARTY SURVEY, ABSTRACT NO.
600, JAS STONE SURVEY, ABSTRACT NO. 847 and I.C.WILLIAMSON SURVEY
ABSTRACT NO. 948, Collin County, Texas, and being part of that tract of land described in Deed
to 55 Prosper, L.P., according to the document filed of record in Document Number
20120111000035080, Official Public Records, Collin County, Texas, and being more particularly
described as follows:
BEGINNING at a point in the approximate centerline of First Street, a variable width right-of-
way;
THENCE N 880 34'05" E, with said approximate centerline, a distance of 124.83 feet;
THENCE N 890 47' 45" E, continuing with said approximate centerline, a distance of 1,493.97
feet;
THENCE S 000 12'52" E, leaving said approximate centerline, a distance of 47.27 feet;
THENCE N 890 47'08" E, a distance of 99.20 feet to the beginning of a curve to the left, having
a central angle of 52° 33'25", a radius of 1,159.55 feet and a chord bearing and distance of N 630
02' 17" E, 1,026.75 feet;
THENCE With said curve to the left, an arc distance of 1,063.65 feet;
THENCE N 360 35'23" E, a distance of 100.34 feet to the beginning of a curve to the right, having
a central angle of 07° 09'27", a radius of 1,054.97 feet and a chord bearing and distance of N 400
10'06" E, 131.70 feet;
THENCE With said curve to the right, an arc distance of 131.79 feet;
THENCE S 000 01'30" E, a distance of 633.75 feet;
THENCE S 000 14'50" W, a distance of 884.65 feet;
THENCE S 000 41'33" W, a distance of 176.20 feet;
THENCE N 890 36'25" E, a distance of 941.09 feet;
THENCE S 000 07'38" W, a distance of 415.18 feet to a point in the approximate centerline of a
creek;
THENCE With said approximate centerline, the following courses and distances:
Ordinance No. 18-54, Page 8
S 67° 10'25" W, a distance of 37.93 feet;
S 66° 02'42" W, a distance of 41.33 feet;
S 06° 20'33" E, a distance of 19.00 feet;
S 39° 17'58" E, a distance of 59.64 feet;
S 29° 35' 12" E, a distance of 89.25 feet;
S 17° 39'22" E, a distance of 48.43 feet;
S 22° 37'38" E, a distance of 27.27 feet;
S 24° 27'06" W, a distance of 25.35 feet;
N 66° 48'32" W, a distance of 15.98 feet;
N 26° 34'24" W, a distance of 28.15 feet;
N 75° 58'07" W, a distance of 25.96 feet;
N 90° 00'00" W, a distance of 37.77 feet;
S 37° 53'06" W, a distance of 23.92 feet;
S 06° 00'40" E, a distance of 40.08 feet;
S 09° 27'57" W, a distance of 38.28 feet;
S 16° 11'41 " W, a distance of 67.72 feet;
S 59° 32'36" W, a distance of 41.38 feet;
S 75° 58'07" W, a distance of 77.87 feet;
S 45° 00'37" W, a distance of 44.51 feet;
S 10° 47' 17" W, a distance of 44.84 feet;
S 36° 23'39" W, a distance of 49.51 feet;
S 85° 20'05" W, a distance of 103.17 feet;
S 87° 27'22" W, a distance of 94.52 feet;
Ordinance No. 18-54, Page 9
N 79° 00' 01 " W, a distance of 76.96 feet;
N 34° 17'47" W, a distance of 55.86 feet;
N 66° 32'55" W, a distance of 121.23 feet;
N 86° 40'26" W, a distance of 180.77 feet;
S 50° 01'24" W, a distance of 84.89 feet;
S 87° 00' 10" W, a distance of 199.76 feet;
S 64° 39'42" W, a distance of 17.23 feet;
S 74° 15' 15" W, a distance of 33.22 feet;
N 83° 0 F 17" W, a distance of 40.47 feet;
S 84° 05'45" W, a distance of 47.80 feet;
S 64° 00' 17" W, a distance of 37.39 feet;
S 56° 19' 10" W, a distance of 38.42 feet;
S 40° 19'27" W, a distance of 35.47 feet;
S 08° 32'02" W, a distance of 33.14 feet;
S 15° 50'54" E, a distance of 63.03 feet;
S 08° 35' 12" E, a distance of 43.92 feet;
S 72° 07'38" W, a distance of 80.10 feet;
S 57° 53'04" W, a distance of 41.62 feet;
S 32° 54'53" W, a distance of 33.19 feet;
S 39° 14'09" W, a distance of 51.84 feet;
S 61° 42'28" W, a distance of 36.31 feet;
S 28° 47' 18" W, a distance of 66.38 feet;
S 46° 55' 10" W, a distance of 34.79 feet;
Ordinance No. 18-54, Page 10
S 41' 16'44" W, a distance of 53.43 feet;
S 16° 56'00" W, a distance of 39.40 feet;
S 32° 17'06" E, a distance of 18.42 feet;
S 38° 32'25" E, a distance of 56.57 feet;
S 23° 45' 21" W, a distance of 56.83 feet;
S 13° 45'56" W, a distance of 25.78 feet;
S 05° 31'46" W, a distance of 31.83 feet;
S 34° 44' 19" W, a distance of 54.72 feet;
S 45° 00'37" W, a distance of 24.57 feet;
S 24° 46' 58" W, a distance of 29.26 feet;
S 12° 38' 16" E, a distance of 30.37 feet;
S 21 ° 11' 18" E, a distance of 43.84 feet;
S 23° 28'00" E, a distance of 29.52 feet;
S 05° 42'45" E, a distance of 30.81 feet;
S 66° 3720" W, a distance of 20.60 feet;
S 61 ° 44' 10" W, a distance of 95.88 feet;
S 77° 05'49" W, a distance of 25.11 feet;
S 76° 17'52" W, a distance of 21.52 feet;
N 77° 07'46" W, a distance of 36.62 feet;
N 23° 38' 13" W, a distance of 26.71 feet;
N 18° 39' 51" W, a distance of 41.43 feet;
N 24° 14'08" W, a distance of 33.54 feet;
N 35° 00'06" W, a distance of 18.67 feet;
Ordinance No. 18-54, Page 11
N 67° 18'49" W, a distance of 30.40 feet;
S 59° 49'02" W, a distance of 32.45 feet;
S 73° 03'02" W, a distance of 43.71 feet;
S 73° 55'26" W, a distance of 58.91 feet;
S 06° 53'03" E, a distance of 29.78 feet;
S 03° 54'07" W, a distance of 44.96 feet;
S 14° 46'59" E, a distance of 83.59 feet;
S 00° 56' 23" E, a distance of 3 1. 10 feet;
S 14° 28'30" E, a distance of 16.32 feet;
S 27° 02' 21" W, a distance of 28.04 feet;
S 74° 45'00" W, a distance of 29.07 feet;
S 86° 54'25" W, a distance of 56.69 feet;
S 75° 58'07" W, a distance of 29.43 feet;
S 59° 45'09" W, a distance of 21.25 feet;
S 10° 29'42" W, a distance of 14.00 feet;
S 03° 34'39" E, a distance of 24.52 feet;
S 28° 30' 15" E, a distance of 20.30 feet;
S 36° 34'59" E, a distance of 19.68 feet;
S 79° 53'38" E, a distance of 71.89 feet;
S 74° 56' 12" E, a distance of 35.07 feet;
S 10° 18'30" E, a distance of 29.11 feet;
S 04° 58' 18" E, a distance of 30.06 feet;
S 55° 01'04" W, a distance of 15.90 feet;
Ordinance No. 18-54, Page 12
S 83° 59'35" W, a distance of 24.88 feet;
S 63° 26'35" W, a distance of 23.30 feet;
S 06° 00'39" E, a distance of 24.87 feet;
S 15° 15'38" E, a distance of 29.69 feet;
S 35° 26'35" W, a distance of 83.10 feet;
S 73° 40' 10" W, a distance of 78.71 feet;
S 67° 27' 51 " W, a distance of 74.73 feet;
N 64° 43'49" W, a distance of 51.85 feet;
N 58° 10'54" W, a distance of 44.45 feet;
N 71' 07' 13" W, a distance of 52.30 feet;
S 66° 15'29" W, a distance of 35.57 feet;
S 05° 54'30" E, a distance of 37.96 feet;
S 36° 07'45" E, a distance of 59.64 feet;
S 47° 44' 11" E, a distance of 38.72 feet;
S 57° 10' 51 " E, a distance of 48.04 feet;
S 08° 44'58" W, a distance of 34.25 feet;
S 50° 54'58" W, a distance of 26.85 feet;
S 39° 28'57" W, a distance of 57.35 feet;
S 33° 41'58" W, a distance of 28.17 feet;
S 53° 08'24" W, a distance of 39.07 feet;
N 47° 18' 03" W, a distance of 23.04 feet;
N 14° 56' 12" W, a distance of 20.21 feet;
N 15° 15'37" W, a distance of 29.69 feet;
Ordinance No. 18-54, Page 13
N 04° 14' 17" W, a distance of 35.25 feet;
N 21' 48'30" W, a distance of 28.05 feet;
N 50° 12' 16" W, a distance of 30.51 feet;
N 67° 31' 40" W, a distance of 40.87 feet;
N 72° 15'41 " W, a distance of 34.18 feet;
S 73° 44'43" W, a distance of 65.12 feet;
S 43° 16'29" W, a distance of 30.40 feet;
S 47° 52'21" W, a distance of 36.88 feet;
S 48° 15'00" W, a distance of 48.88 feet;
S 07° 07'39" E, a distance of 20.99 feet;
S 04° 05' 14" E, a distance of 36.55 feet;
S 04° 05' 14" W, a distance of 36.55 feet;
S 14° 37'33" E, a distance of 12.02 feet;
THENCE S 890 56'23" W, leaving the above mentioned approximate centerline, a distance of
848.07 feet;
THENCE N 000 22'26" W, a distance of 277.39 feet;
THENCE S 880 01'51" W, a distance of 2,181.05 feet;
THENCE S 540 06' 11" W, a distance of 1,090.49 feet to the beginning of a non -tangent curve to
the right, having a central angle of 240 22'58", a radius of 1,100.00 feet and a chord bearing and
distance of S 770 15'40" W, 464.59 feet;
THENCE With said curve to the right, an arc distance of 468.11 feet;
THENCE S 890 27'10" W, a distance of 250.25 feet to the beginning of a curve to the left, having
a central angle of 18° 54' 58", a radius of 1100.00 feet and a chord bearing and distance of S 79°
59'41" W, 361.52 feet;
THENCE With said curve to the left, an arc distance of 363.17 feet;
Ordinance No. 18-54, Page 14
THENCE N 000 19'43" W, a distance of 1,257.10 feet;
THENCE N 890 49'34" E, a distance of 1,795.56 feet;
THENCE N 89" 49'34" E, a distance of 979.59 feet;
THENCE N 000 16'56" W, a distance of 1,401.24 feet to the beginning of a non -tangent curve to
the right, having a central angle of 42° 10' 43", a radius of 680.00 feet and a chord bearing and
distance of N 32° 52'40" E, 489.36 feet;
THENCE With said curve to the right, an arc distance of 500.59 feet to the beginning of a reverse
curve to the left, having a central angle of 30° 29' 33", a radius of 470.00 feet and a chord bearing
and distance of N 38° 43' 14" E, 247.19 feet;
THENCE With said curve to the left, an arc length of 250.13 feet to the beginning of a reverse
curve to the right, having a central angle of 56° 04' 09", a radius of 1,080.00 feet and a chord
bearing and distance of 51° 30'32" E, 1,015.21 feet;
THENCE With said curve to the right, an arc distance of 1,056.88 feet;
THENCE N 000 1 P 47" W, a distance of 445.22 feet to the POINT OF BEGINNING, and
containing 348.197 acres of land, more or less.
SAVE AND ACCEPT — 6.790 Acre Tract
BEING a tract of land in the JERIMIAH HORN SURVEY, ABSTRACT NO. 411, Collin County,
Texas and being all of that tract of land described in Deed to Glen Hobart Miller, according to the
document filed of record in Volume 5535, Page 5150, Deed Records, Collin County, Texas, and
being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "RPLS 1674" the southeast
corner of said Glen Hobart Miller tract;
THENCE S 890 33'36" W, a distance of 435.20 feet to a 1/2 inch iron rod found;
THENCE N 000 35'42" W, a distance of 720.82 feet;
THENCE S 720 45'57" E, a distance of 182.35 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "5560";
THENCE N 890 47'35" E, a distance of 266.11 feet;
THENCE S 000 12' 25" E, a distance of 664.37 feet to the POINT OF BEGINNING, and
containing 6.790 acres of land, more or less.
Ordinance No. 18-54, Page 15
AREA 90-C
LEGAL DESCRIPTION
168.885 ACRES
BEING a tract of land located in the SPENCER GRAHAM SURVEY, ABSTRACT NO. 359 and
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895, Collin County, Texas, and being
part of that tract of land described in Deed to 55 Prosper, L.P., according to the document filed of
record in Document Number 20120111000035080, Official Public Records, Collin County, Texas,
and being all of that tract of land described in Deed to 55 Prosper, L.P., according to the document
filed of record in Document Number 20140530000540050, Official Public Records, Collin
County, Texas and being more particularly described as follows;
BEGINNING at a point in the approximate centerline of First Street, a variable width right-of-
way;
THENCE N 170 01'37" E, leaving said approximate centerline, a distance of 27.87 feet to a point
in the approximate centerline of a creek;
THENCE With said approximate centerline, the following courses and distances:
N 38° 56'55" E, a distance of 61.51 feet;
N 49° 18' 17" E, a distance of 68.56 feet;
N 63° 14'48" E, a distance of 14.03 feet;
N 54° 30'38" E, a distance of 35.56 feet;
N 20° 55'36" E, a distance of 7.72 feet;
N 04° 51'22" W, a distance of 9.02 feet;
N 14° 01'26" W, a distance of 16.71 feet;
N 45° 34'38" W, a distance of 52.59 feet;
N 33° 42' 12" W, a distance of 31.52 feet;
N 30° 06'30" W, a distance of 48.00 feet;
N 33° 54'25" E, a distance of 42.00 feet;
N 83° 38'20" E, a distance of 37.90 feet;
N 88° 27'23" E, a distance of 40.60 feet;
Ordinance No. 18-54, Page 16
N 77° 19'03" E, a distance of 34.52 feet;
N 49° 56' 53" E, a distance of 43.39 feet;
N 01' 55'00" W, a distance of 41.20 feet;
N 14° 57' 17" E, a distance of 80.55 feet;
N 38° 42' 38" E, a distance of 3 3.3 8 feet;
N 69° 11'36" E, a distance of 84.25 feet;
N 31 ° 01' 21 " E, a distance of 31.79 feet;
N 17° 28'44" W, a distance of 42.69 feet;
N 52° 55' 13" W, a distance of 95.12 feet;
N 15° 00'03" W, a distance of 77.74 feet;
N 06° 32'22" E, a distance of 107.47 feet;
N 14° 06'28" W, a distance of 39.45 feet;
N 44° 14'08" W, a distance of 41.05 feet;
N 58° 39'43" E, a distance of 75.45 feet;
N 46° 44'48" E, a distance of 71.88 feet;
N 23° 19'43" W, a distance of 90.43 feet;
N 21 ° 51' 39" E, a distance of 55.79 feet;
S 72° 38' 30" E, a distance of 114.79 feet;
N 38° 50'29" E, a distance of 62.10 feet;
N 49° 16'59" E, a distance of 156.27 feet;
N 44° 31'53" E, a distance of 104.91 feet;
N 89° 20'45" E, a distance of 388.78 feet;
N 00° 03'58" E, a distance of 658.18 feet;
Ordinance No. 18-54, Page 17
N 77° 32'43" E, a distance of 827.10 feet;
N 57° 09'20" E, a distance of 92.96 feet;
N 56° 27'39" E, a distance of 140.81 feet;
N 59° 42' 53" E, a distance of 92.85 feet;
N 49° 47'07" E, a distance of 130.40 feet;
N 40° 04' 15" E, a distance of 27.90 feet;
N 24° 43'50" W, a distance of 29.82 feet;
N 40° 04' 15" E, a distance of 64.75 feet;
N 26° 51' 00" E, a distance of 27.47 feet;
N 42° 51'28" W, a distance of 42.55 feet;
N 51° 11'45" W, a distance of 136.11 feet;
N 29° 27' 15" E, a distance of 78.05 feet;
N 48° 03'20" E, a distance of 72.70 feet;
N 21' 16'03" E, a distance of 79.43 feet;
N 30° 46'32" E, a distance of 133.56 feet;
N 53° 20' 12" E, a distance of 92.18 feet;
N 31 ° 31' 28" E, a distance of 152.86 feet;
N 63° 33'42" E, a distance of 105.83 feet;
S 75° 35'49" E, a distance of 91.96 feet;
S 46° 14'22" E, a distance of 122.60 feet;
S 61° 54'06" E, a distance of 37.16 feet;
S 81 ° 31' 52" E, a distance of 47.72 feet;
N 87° 16'58" E, a distance of 30.99 feet;
Ordinance No. 18-54, Page 18
N 75° 56' 16" E, a distance of 107.09 feet;
S 87° 41'47" E, a distance of 88.07 feet;
S 77° 25'37" E, a distance of 61.42 feet;
N 69° 17'03" E, a distance of 78.70 feet;
N 30° 22'20" E, a distance of 71.28 feet;
N 49° 47' 51" E, a distance of 78.27 feet;
N 89° 12'42" E, a distance of 119.29 feet;
N 80° 54'02" E, a distance of 198.15 feet;
N 59° 12'26" E, a distance of 80.80 feet;
THENCE S 000 10' 40" E, leaving the above mentioned approximate centerline, a distance of
2,914.03 feet to a point in the above mentioned approximate centerline of First Street;
THENCE S 880 34'05" W, with said approximate centerline, a distance of 124.83 feet;
THENCE N 000 11'47" W, leaving said approximate centerline, a distance of 48.32 feet to a point
in the north line of said First Street;
THENCE With said north line, the following courses and distances:
S 89° 43'47" W, a distance of 354.49 feet to a point at the beginning of a to the left having
a central angle of 040 11' 17", a radius of 1,490.00 feet and a chord bearing and distance of
S 87° 38'08" W, 108.89 feet;
With said curve to the left, an arc distance of 108.91 feet;
S 85° 32' 30" W, a distance of 487.45 feet to a point at the beginning of a curve to the left
having a central angle of 190 32' 16", a radius of 1,245.00 feet and a chord bearing and
distance of S 75° 46'22" W, 422.49 feet;
With said curve to the left, an arc distance of 424.54 feet;
S 66° 00' 14" W, a distance of 257.27 feet to a point at the beginning of a curve to the right
having a central angle of 23° 40' 28", a radius of 1,055.19 feet and a chord bearing and
distance of S 77° 50' 31" W, 432.91 feet;
With said curve to the right, an arc distance of 436.00 feet;
Ordinance No. 18-54, Page 19
S 89° 40'56" W, a distance of 1,476.62 feet;
S 00° 19' 04" E, a distance of 71.13 feet to a point in the above mentioned approximate
centerline of First Street;
THENCE S 890 41'27" W, with said approximate centerline of First Street, a distance of 90.73
feet to the POINT OF BEGINNING, and containing 168.885 acres of land, more or less.
Ordinance No. 18-54, Page 20
AREA 90-D
LEGAL DESCRIPTION
19.175 ACRES
BEING a tract of land located in the JAS STONE SURVEY, ABSTRACT NO. 847, Collin
County, Texas, and being part of that tract of land described in Deed to 55 Prosper, LP, according
to the document filed of record in Document Number 20120111000035080, Official Public
Records, Collin County, Texas, and being more particularly described as follows;
BEGINNING at a point in the approximate centerline of First Street, a variable width right-of-
way;
THENCE N 890 41'24" E, with said approximate centerline, a distance of 709.09 feet;
THENCE S 000 19'04" E, leaving said approximate centerline, a distance of 545.92 feet;
THENCE S 390 12'27" E, a distance of 285.04 feet;
THENCE S 500 49' 17" W, a distance of 948.47 feet;
THENCE N 390 10'43" W, a distance of 148.84 feet;
THENCE N 000 37'08" W, a distance of 444.50 feet;
THENCE S 890 25'33" W, a distance of 50.18 feet;
THENCE N 000 34' 26" W, a distance of 802.82 feet to the POINT OF BEGINNING, and
containing 19.175 acres of land, more or less.
Ordinance No. 18-54, Page 21
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 district have been re-established as outlined herein. Design Guidelines are included
to ensure the provision of a quality planned development over time. Examples of home styles
consistent with the design guidelines, including notation of typical required design features, are
also included.
Ordinance No. 18-54, Page 22
EXHIBIT "C"
DEVELOPMENTSTANDARDS
Single -Family Residential Component - Tract `A', `B', `C' & `D'
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: The single family components are shown as Tracts `B,' `C,', `D'
(and limited use in Tract `A') on Exhibit D. This Planned Development Ordinance
permits single-family residential units and townhome units as reflected below:
15,000 SF Lots
Type "A" Lots
70 Maximum Units
12,000 SF Lots
Type `13-1" Lots
926 Maximum Units
10,000 SF Lots
Type `B-2" Lots
278 Maximum Units
9,000 SF Lots
Type "C" Lots
345 Maximum Units
7,000 SF Lots
Type "D" Lots
211 Maximum Units
Townhome Lots
Townhome Lots
300 Maximum Units
TOTAL LOTS
2,130 Maximum Units
This Planned Development Ordinance shall permit a maximum of 348 single-family
residential units within Tract `C' and a maximum of 333 single-family residential units
located generally within Tract `B 1', as illustrated in Exhibit `D.' Of the maximum 348
single-family residential units that may be developed in Tract `C', a minimum of 20%
of the total units shall be developed to the Type "A" standards with the remaining lots
being developed to the Type "13-2" standards. Of the 333 single-family residential units
that may be developed within Tract `B 1', a maximum of 83 units may be developed to
Type "C" standards and a maximum of 56 units may be developed to "D" standards.
All other units within Tract `B l' shall be developed to Type "A" or "B-1" standards.
Of the 211 Type "D" single-family residential units, 153 single-family units shall only
be permitted within Tract `A', 56 single-family units shall only be permitted within
Tract `B-1', and the remaining units shall be permitted with Tracts `B', `C', or `D'.
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)
Ordinance No. 18-54, Page 23
• 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 or developer 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 / offices for builders' or developers' incidental
construction work on the premises, which shall be removed upon completion of
such work.
• Utility distribution lines and facilities. Electric substations shall be allowed by
SUP.
1.4. Densitv: The maximum gross residential density for all land within the planned
development, not including land designated for mixed-use land uses or townhouses,
shall be no greater than 3.0 dwelling units per acre overall. The maximum gross
residential density for any single neighborhood shall be no greater than 5.0 dwelling
units per acre, except townhouse neighborhoods which shall not have a density greater
than 10.0 dwelling units per acre.
1.5. Reauired Parking: 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 Exhibit `F' & `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.
LOT AREA SUMMARY
A BB_1 BB=2 C I D
Ordinance No. 18-54, Page 24
Min. Lot Area (sq. ft.) 1 15,000 1 12,000 1 10,000 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-1 B-2 C D
Max. Building 50 50 50 50 60
coverage (%)
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.
LOT WIDTH SUMMARY
A B-1 B-2 C D
Min. Lot Width (ft.) 90 80 75 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-1 B-2 C D
Min. Lot Dept (ft.) 125 125 125 125 125
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-1 B-2 C D
Min. Front Yard (ft.) 30 25 20 20 5
Ordinance No. 18-54, Page 25
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
Min. Side Yard (ft.)
A
B-1
B-2
C
D
8
7
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 (20') 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.
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-1 B-2 C D
Min. Dwelling Area 3,500 3,000 2,500 2,500 2,200
(sq. ft.)
2. Single-family Residential Component — Tract `A', `B', `C' & `D' General Conditions
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
Ordinance No. 18-54, Page 26
integration of built and natural elements working together as a system that provides for
the active and passive recreational needs of the Brookhollow 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 Brookhollow community is linked to the Town.
To help preserve the open character of the Town of Prosper, it is the intent of this PD
that a significant amount of natural open space, particularly amid the floodplain and
other sensitive land, be set aside to provide additional open space for Brookhollow and
for the Town. Design elements in these areas should support non -programmed passive
recreational activities such as walking and picnicking.
2.3. Screening and Buffering: Residential development adjacent to East First Street 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.
2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit "D" and made a
part of the ordinance. It establishes the most general guidelines for the district by
identifying the project boundaries, land use types, approximate thoroughfare locations,
R.O.W. dedication, roads, all easements and illustrates the integration of these elements
into a master plan for the whole district.
2.5. Streets: Any 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. 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. 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.
Ordinance No. 18-54, Page 27
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 HOA 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.
2.8. Landscaping
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,' `B,' `C,'
and `D' 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 yard 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
Ordinance No. 18-54, Page 28
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. Park Dedication Requirements: The development of Tracts `B,' `C,' and `D' shall
provide for a dedication of a minimum of five percent (5%) of the gross platted
acreage, to the Town for park purposes, including, but not limited to, neighborhood
parks, linear parks, hike and bike trails, pocket parks, water features, creeks and
natural preserve areas, or other purposes as determined by the Park and Recreation
Board. This requirement may also be fulfilled through the payment of park
dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to
approval of the Parks and Recreation Board. All other aspects of park dedication
shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may
be amended, unless modified by a separate agreement. Any park dedicated to the
Town in excess of the minimum five percent (5%) requirement in any individual
development phase of this Planned Development may be credited towards the
future park dedication requirements of future phases within this Planned
Development subject to approval of the Parks and Recreation Board.
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.
2.12. Townhouse Uses: Townhouse units shall be allowed within the single family residential
component Tract `B' of the Property (shown as `TH Area "B"' on Exhibit 'D'). A
maximum of ten units per gross acre of land shall be allowed up to a maximum of
150 townhouse units. Townhouse residential housing types, shall be developed in
accordance with the following criteria which are identical to Section 4.2.1.4
Development Requirement Townhouse
Max. Gross Density
10.0 du/ac
Min. Lot Area
800 sq. ft.
Min. Lot Width
20'
Min. Lot Depth
40'
Min. Front Setback
0'
Min. Rear Setback
0'
Min. Side Setback (interior lot)
0'
Min. Side Setback (corner lot)
0'
Min. Side Setback (key lot)
n/a
Max. Lot Coverage
100%
Min. Floor Area / Dwelling Unit
1,200 sq. ft.
Max. Building Height / No. of storiesa
48'/ 3
Ordinance No. 18-54, Page 29
a Maximum height of any building within sixty feet of a detached
residential use shall be thirty-six feet and two stories.
2.12.1. Exterior Facade Building Materials: All buildings within a
townhouse development shall have an exterior finish of stone, stucco,
brick, tile, concrete, glass, exterior wood or similar materials or any
combination thereof. The use of wood as a primary exterior building
material shall be limited to a maximum of fifteen percent of the total
exterior wall surfaces.
2.12.2 Controlled Access: All townhouse developments that contain limited gated
access shall locate all gate controls, card pads and intercom boxes in
driveway islands in a manner that provides a minimum of one hundred feet
of stacking distance from the gate. Such driveway islands shall also contain
a break that allows for vehicular U-turn movements back onto a public
street.
2.13 Adiacencv to Maior Creeks, Flood -plains, and Open Space: All development shall
comply with Section 14 of Subdivision Ordinance No. 03-05.
3. Deleted
4. Mixed -Use Component —Tract `A'
4.1 Definition: The mixed-use area (shown as Tract `A' on Exhibit D) of this Planned
Development includes residential and non-residential land uses. Retail and office
uses include those uses primarily intended to supply the surrounding residential
areas with convenience goods and services that are normal daily necessities and
routine purchases.
Residential land uses are intended to supply higher -density attached and detached
housing types that provide a buffer between the more intense retail and commercial
land uses along U.S. Highway 380 and the less intense residential development.
4.2 General Description: This PD Ordinance allows a maximum of 138.3 acres of mixed
use development, generally located north of U.S. Highway 380. Requirements for
this area within the development are described below.
4.2.1 Residential uses
4.2.1.1 Sinjzle-family Uses: Detached single-family units shall be allowed within
the mixed-use area but shall not be allowed within one thousand feet of U.S.
Highway 380, as measured at any building line of such residential lot. If
portions of the designated mixed-use area are developed with single-family
residential housing, they shall be developed in accordance with the
standards contained within Section 1 of this Ordinance. There shall be
allowed a maximum of 153 such housing units within the mixed-use area.
Ordinance No. 18-54, Page 30
4.2.1.2 Deleted
4.2.1.3 Townhouse Uses: Townhouse units shall be allowed within the mixed-
use area. A maximum of ten units per gross acre of land shall be allowed
within the mixed-use area up to a maximum of 150 townhouse units. If
portions of the designated mixed-use area are developed with townhouse
residential housing types, they shall be developed in accordance with the
following criteria and those listed under Section 4.2.1.4.
4.2.1.3.1 Exterior Facade Building Materials: All buildings within a townhouse
development shall have an exterior finish of stone, stucco, brick, tile,
concrete, glass, exterior wood or similar materials or any combination
thereof. The use of wood as a primary exterior building material shall
be limited to a maximum of fifteen percent of the total exterior wall
surfaces.
4.2.1.3.2 Controlled Access: All townhouse developments that contain limited
gated access shall locate all gate controls, card pads and intercom boxes
in driveway islands in a manner that provides a minimum of one
hundred feet of stacking distance from the gate. Such driveway islands
shall also contain a break that allows for vehicular u -turn movements
back onto a public street.
4.2.1.3.3 Open Space Requirements: Each lot or parcel developed for townhouse
uses shall provide useable open space equal to twenty percent of the
total townhouse acreage.
4.2.1.4 Residential development intensitv: Development intensity shall be in
accordance with the following table:
Development Requirement Townhouse
Max. Gross Density
10.0 du/ac
Min. Lot Area
800 sq. ft.
Min. Lot Width
20'
Min. Lot Depth
40'
Min. Front Setback
0'
Min. Rear Setback
0'
Min. Side Setback (interior lot)
0'
Min. Side Setback (corner lot)
0'
Min. Side Setback (key lot)
n/a
Max. Lot Coverage
100%
Min. Floor Area / Dwelling Unit
1,200 sq. ft.
Max. Building Height / No. of stories'
48'/ 3
a Maximum height of any building within sixty feet of a detached
residential use shall be thirty-six feet and two stories.
Ordinance No. 18-54, Page 31
4.2.2 Non-residential uses
4.2.2.1 Allowed Uses: Non-residential land uses allowed within the mixed-use
area are as allowed in Section 1.3 herein and as permitted in the
Neighborhood Service, Office and Commercial Corridor districts, listed in
Zoning Ordinance No. 05-20. Additional uses allowed by right include the
following:
• Drug Stores/Pharmacies.
• Duplicating Centers, Mailing Services, Etc.
• Financial Institutions.
• Independent Living Facilities.
• Laboratory, Medical and Dental.
• Nursing Homes.
• Post Office Facilities.
• Research and Development Center.
• Winery.
• Optical Stores — Sales and Services.
Mini -Warehouses Shall be allowed by SUP.
4.2.2.2 Required Parking: The total parking required shall be the sum of the
specific parking space requirement for each use included within the mixed-
use area as required by Zoning Ordinance No. 05-20.
4.2.2.3 Exterior Facade Building Materials: All main buildings shall have an
exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or
similar materials or any combination thereof. The use of wood as a primary
exterior building material shall be limited to a maximum of twenty percent
of the total exterior wall surfaces.
4.2.2.4 Commercial development intensity: Development intensity for non-
residential land uses shall be as follows:
4.2.2.4.1 Floor Area: The allowable floor area of buildings within the
mixed-use area shall be unlimited, provided that all conditions
described herein are met.
4.2.2.4.2 Lot Area: The minimum lot area shall be 10,000 square feet.
4.2.2.4.3 Lot Coverage: In no case shall the combined areas of the main
buildings and accessory buildings cover more than 50% of the total
lot area. Parking facilities shall be excluded from lot coverage
computation.
4.2.2.4.4 Lot Width: The minimum width of any lot shall be fifty feet.
4.2.2.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet.
Ordinance No. 18-54, Page 32
4.2.2.4.6 Front Yard: The minimum depth of the front yard shall be thirty
feet
4.2.2.4.7 Side Yard: No side yard is required unless vehicular access is
provided/required, in which case the side yard shall have a depth of
not less than twelve feet.
A twenty -four -foot side yard shall be provided where fire lane
access is required and wherever a vehicular access/fire lane
easement is not available on the adjoining property.
A fifty -foot side yard is required adjacent to property zoned for
single-family residential uses.
4.2.2.4.8 Rear Yard: No rear yard is required unless vehicular access is
provided/required, in which case the rear yard shall have a depth of
not less than twelve feet.
A twenty -four -foot rear yard shall be provided where fire lane
access is required and wherever a vehicular access/fire lane
easement is not available on the adjoining property.
A fifty -foot rear yard is required adjacent to property zoned for
single-family residential uses.
4.2.2.4.9 Building Height: Buildings shall be a maximum of two stories, not
to exceed forty feet in height. Non-residential buildings may exceed
this restriction provided that one additional foot shall be added to
any required setback from detached residential properties for each
foot that such structures exceed forty feet.
Non-residential buildings may exceed this restriction using such
one-to-one ratio for a total maximum height of eight stories not to
exceed one hundred feet. Chimneys, antennas and other such
architectural projections may extend above this height limit.
4.2.2.4.10 Open Snace Requirement for Non -Residential Uses: A minimum
of ten percent of the net lot area shall be developed and maintained
as landscaped open space. Landscaped open space shall not include
areas specifically used for vehicular access and parking.
5. Deleted
6. Mixed -Use Component — Tract `A' General Conditions
6.1 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance
Ordinance No. 18-54, Page 33
Except as amended herein, this Planned Development District shall conform to
applicable articles and sections of ordinances and regulations of the Town of
Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as
they 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.
6.2. Outdoor Storage and Displav Areas: Outdoor storage or/and display of any retail
material will be allowed as accessory use only and screened in compliance with
Zoning Ordinance 05-20 as it exists or may be amended.
6.3. Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be
provided along major thoroughfares in conformance with the Town of Prosper
Zoning and Subdivision Ordinances.
6.4. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen
wall shall be installed along the length of the common boundary line between the
retail and residential components of this PD. Within such wall and for a minimum
depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass
and three-inch caliper trees planted on thirty-foot centers. No more than 45% of
such trees shall be of the same species. Alternate screening scenarios may be
approved by the Planning and Zoning Commission with their approval of a Site
Plan
6.5. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit "D" and made a
part of the ordinance. It establishes the most general guidelines for the district by
identifying the project boundaries, land use types, approximate thoroughfare
locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates
the integration of these elements into a master plan for the whole district.
Dimensions and acreages shown on Exhibit "D" are approximations and may be
modified at the time of final platting.
6.6. Street Intersection with Major Thoroughfares: Median openings, turn lanes and
driveway locations along Custer Road, and University Drive shall be subject to the
TxDOT review process as required.
6.7. Screening of Mechanical Equipment: All mechanical equipment located on the
ground and/or rooftops including fans, vents, air conditioning units and cooling
towers shall be screened so as not to be visible from the property lines at ground
level or from the second story of adjacent single-family detached development.
Screening may be accomplished through the use of plant materials, berming or
fencing. The list of approved plant materials for such purpose shall be included in
the deed restrictions filed on this project. Fencing shall be finished in a material
similar to and/or painted a color similar to the building fagade, trim, or roof surface.
Ordinance No. 18-54, Page 34
EXHIBIT "D"
ZONING SITE PLAN
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Ordinance No. 18-54, Page 35
EXHIBIT "E"
DEVELOPMENTSCHEDULE
The development schedule for the approximate 675.1 acres will be phased over the next ten to
fifteen years. Dates are approximate and are subject to change with final design and due to external
forces, such as market conditions. Start dates for the overall project will depend on the availability
of adequate infrastructure service to this area.
Ordinance No. 18-54, Page 36
EXHIBIT "F"
SINGLE-FAMILY RESIDENTIAL STYLE `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. All windows visible from streets shall be painted or vinyl clad finished wood or
vinyl casement divided light windows. All windows facing any greenbelt area or
floodplain shall be vinyl on wood casement divided light or wide metal frame
windows with brick mould surrounds. Metal windows without brick mould are
allowed only in private enclosed yard areas.
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
Ordinance No. 18-54, Page 37
2.5. Second story side windows shall be located so as to restrict views into adjacent
windows, patios, and/or courtyards as reasonably possible. The Developer will
review for approval the location of all second -floor windows and shall make a
reasonable effort to maintain the privacy of the surrounding property owners.
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. The supply conduit for electrical meters visible from streets or common
areas shall enter the foundation beneath the final yard grade so that the
electrical meter is recessed in the wall and the meter box front and the meter
are the only items visible.
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 12:12 roof pitch on any front and side
visible from a street or a common area and a minimum slope of 8:12 roof pitch for
rear and sides not visible from a street or a common area. 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 or approved composition 30 -year
laminated shingles or other approved roof materials.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. Front to rear and side-to-side
roof pitches must match on front elevations. The Developer will require variation
of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
Ordinance No. 18-54, Page 38
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.
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 fronting on a street shall be constructed of one or more of the following
materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or
stone borders or other approved materials. The Developer may consider front driveways
of stamped or broom finished concrete with brick or stone borders on a case-by-case basis.
All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All
sidewalks and steps from the public sidewalk or front driveway to the front entry must be
constructed in brick, stone, slate, flagstone or other approved materials.
6. EXTERIOR LIGHTING:
Each required tree shall be down lighted with a minimum of two landscape illumination
fixtures connected to an electric eye photocell. In addition, all garage doors must have one
exterior light per parking space. All front entrances must have no less than one down light
and a minimum of one bracket light beside each front entrance. All entrance down lights
and all entrance bracket lights shall be controlled by electric eye photocells, and kept in
working order at all times. All required tree lights, garage door lights, entrance down lights
and entrance bracket lights shall illuminate at dusk and shall remain illuminated until
sunrise.
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks
in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park
will require no less than one 5" caliper live oak or red oak tree for every 35' of street and
park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would
require 3 trees.
Ordinance No. 18-54, Page 39
Ordinance No. 18-54, Page 40
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Ordinance No. 18-54, Page 50
EXHIBIT "G"
SINGLE-FAMILY RESIDENTIAL STYLE `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 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.
2. 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. All windows visible from streets shall be painted or vinyl clad finished wood, vinyl
casement divided light windows, or approved metal windows. All windows facing
any greenbelt area or floodplain shall be vinyl on wood casement divided light or
wide metal frame windows.
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. Second story side windows shall be located so as to restrict views into adjacent
windows, patios, and/or courtyards as reasonably possible. The Developer will
review for approval the location of all second floor windows and shall make a
reasonable effort to maintain the privacy of the surrounding property owners.
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.
Ordinance No. 18-54, Page 51
2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of
these or as approved by the developer.
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 10:12 roof pitch on any side visible from
a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides
not visible from a street or a common area. 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 or approved composition 30 -year
laminated shingles or other approved roof materials.
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.
Ordinance No. 18-54, Page 52
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 fronting on a street shall be constructed of one or more of the following
materials: brick pavers, stone, interlocking pavers, exposed aggregate or other approved
materials. The Developer may consider front driveways of stamped or broom finished
concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must
be constructed in brick, stone, slate, flagstone or exposed aggregate. All sidewalks and
steps from the public sidewalk or front driveway to the front entry must be constructed in
brick, stone, slate, flagstone, exposed aggregate or other approved materials.
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 live oaks or red oaks
in the front yard. In addition to the 2 required front yard trees, a minimum of two 4"
caliper live oaks or red oaks shall be planted in each side yard space that abuts a street.
Ordinance No. 18-54, Page 53