O-2024-77 Rezone 120.5 Acres from Planned Development-44 (PD-44) to Planned Development-129 (PD-129) Abstract 147, Tract 45 souteheast corner of Legacy Drive & Frontier - Creekside DevelopmentTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-77
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 120.5 ACRES, MORE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY 12, BLOCK ABSTRACT 147,
TRACT 45, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM
PLANNED DEVELOPMENT-44 (PD-44) TO PLANNED DEVELOPMENT-129
(PD-129), DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request (Case ZONE-
24-0013) from Garrett Scoggins ("Applicant"), to rezone 120.5 acres of land, more or less, Collin
County School Land Survey 12, Abstract 147, Tract 45, in the Town of Prosper, Collin County,
Texas, and being more particularly described in Exhibit "A", attached hereto and incorporated
herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 120.5 acres of
land, more or less, in the Collin County School Land Survey 12, Abstract 147, Tract 45, Town of
Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent
thereto are hereby zoned as Planned Development-129 and being more particularly described in
Exhibit "A", attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Development Standards, attached
hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Elevations,
attached hereto as Exhibit F; (4) the Landscape Plan, attached hereto as Exhibit G, all of which
are incorporated herein for all purposes as if set forth verbatim, subject to the following condition
of approval by the Town Council:
1. Approval of a Development Agreement, including, but not limited to, architectural building
materials.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time -to -time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that 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,
Case No. ZONE-24-0013 Ordinance No. 2024-77, Page 2
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
Swillc�/Re�clir���_I�ilisc _ Prosper's Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THE 10TH DAY OF DECEMBER 2024.
David F. Bristol, Mayor
ATTEST;
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Wblch, Town Attorney
Case No. ZONE-24-0013 Ordinance No. 2024-77, Page 3
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, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THE 10TH DAY OF DECEMBER 2024.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-24-0013 Ordinance No. 2024-77, Page 3
Exhibit A-1: Written Metes and Bounds
ZONE-24-0013
120.525 ACRES
Collin County School Land Survey, Abstract No. 147
Town of Prosper, Collin County, Texas
DESCRIPTION, of a 120.525-acre (5,250,083-square-foot) tract of land situated in the
Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County,
Texas; said tract being all of that certain tract of land described in Special Warranty Deed
to Legacy Frontier, LLC recorded in Instrument No. 20150203000121210 of the Official
Public Records of Collin County, Texas; said 120.525-acre-tract of land being more
particularly described by metes and bounds as follows:
BEGINNING, at a point for corner at the intersection of the apparent centerline of Legacy
Drive (a variable -width public right-of-way) and the south right-of-way line of Frontier
Parkway (a variable -width public right-of-way); said point being the northwest corner of
said Legacy Frontier tract and, the northeast corner of that certain tract of land described
in Right -of -Way Warranty Deed to City of Celina recorded in Instrument No. 2022-24205
of the Official Records of Denton County, Texas, and the southeast corner of that certain
tract of land described in Right -of -Way Dedication to the City of Celina recorded in
Instrument No. 2008-9821 of said Official Records of Denton County;
THENCE, North 89 degrees 17 minutes 48 seconds East, departing the apparent
centerline of said Legacy Drive and with the said south right-of-way line of Frontier
Parkway, a distance of 1,507.92 feet to a point for corner; said point being a northeast
corner of said Legacy Frontier tract and the northwest corner of a called 99.522-acre tract
of land described as Tract 1 in Special Warranty Deed to Toll Southwest LLC recorded in
Instrument No. 2024000009613 of said Official Public Records of Collin County;
THENCE, South 00 degrees 00 minutes 38 seconds East, departing the said south right-
of-way line of Frontier Parkway and with a west line of said Tract 1, a distance of 1,155.80
feet to a point for corner; said point an interior corner of said Legacy Frontier tract and a
southwest corner of said Tract 1;
THENCE, North 89 degrees 11 minutes 50 seconds East, with a south line of said Tract
1, a distance of 1,532.96 feet to a point for corner; said point being a northeast corner of
said Legacy Frontier tract and an interior corner of said Tract 1;
THENCE, South 01 degrees 14 minutes 54 seconds East, with a west line of said Tract
1, a distance of 1,151.46 feet to a point for corner in the north line of a called 221.617-
acre tract of land described in Special Warranty Deed to BGY Prosper 221 LLC in
Instrument No. 20171121001544530 of said Official Public Records of Collin County; said
point being the southeast corner of said Legacy Frontier tract and the southwest corner
of said Tract 1;
Exhibit A-1: Written Metes and Bounds
ZONE-24-0013
120.525 ACRES
Collin County School Land Survey, Abstract No. 147
Town of Prosper, Collin County, Texas
THENCE, South 89 degrees 13 minutes 16 seconds West, with the said north line of BGY
Prosper 221 tract, a distance of 1,063.46 feet to a point for corner; said point being an
angle point for said Legacy Frontier tract, the northwest corner of said BGY Prosper 221
tract, and the northeast corner of a called 37.554-acre tract of land described as Tract 2
in Special Warranty Deed to Toll Southwest LLC recorded in Instrument No.
2024000009613 of said Official Public Records of Collin County;
THENCE, South 89 degrees 44 minutes 50 seconds West, with the north line of said Tract
2 and the north line of that called 38.572-acre tract of land described in Special Warranty
Deed to Prosper Independent School District recorded in Instrument No.
20200817001344070 of said Official Public Records of Collin County, at a distance of
645.55 feet passing a point for the northwest corner of said Tract 2 and the northeast
corner of said Prosper Independent School District tract and continuing for a total distance
of 2,022.01 feet to a point for corner in the said apparent centerline of Legacy Drive and
in the east line of that called 26.822-acre tract described in Special Warranty Deed to
Merritt Crossing Development LLC recorded in Instrument No. 213963 of said Official
Records of Denton County; said point being the southwest corner of said Legacy Frontier
tract and the northwest corner of said Prosper Independent School District tract;
THENCE, North 00 degrees 29 minutes 02 seconds East, with the said apparent
centerline of Legacy Drive and the east line of said Merritt Crossing Development tract, a
distance of 1,781.29 feet to a point for corner; said point being a northwest corner of said
Legacy Frontier tract, the northeast corner of said Merritt Crossing Development tract, the
southwest corner of that certain tract of land described in Right -of -Way Warranty Deed to
the Town of Prosper recorded in 20100518000498080 of said Official Public Records of
Collin County, and the southeast corner of that certain tract of land described in General
Warranty Deed to Denton County, Texas recorded in Instrument No. 2010-62874 of said
Official Records of Denton County;
THENCE, South 89 degrees 49 minutes 05 seconds East, departing the apparent
centerline of said Legacy Drive and with the south line of said Town of Prosper tract, a
distance of 40.90 feet to a point for corner; said point being an interior corner of said
Legacy Frontier tract and the southeast corner of said Town of Prosper tract;
THENCE, North 00 degrees 10 minutes 55 seconds East, with the east line of said Town
of Prosper tract, a distance of 320.00 feet to a point for corner; said point being an interior
corner of said Legacy Frontier tract and the northeast corner of said Town of Prosper
tract;
Exhibit A-1: Written Metes and Bounds
ZONE-24-0013
120.525 ACRES
Collin County School Land Survey, Abstract No. 147
Town of Prosper, Collin County, Texas
THENCE, North 89 degrees 49 minutes 05 seconds West, with the north line of said Town
of Prosper tract, a distance of 39.21 feet to a point for corner in the said apparent
centerline of said Legacy Drive and in the east line of those certain tracts of land described
in Special Warranty Deeds to Merritt/Thornton Farm Partnership, L.P. recorded in
Instrument No. 99-096577, 99-096578, and 99-096579 of the Deed Records of Denton
County, Texas;
THENCE, North 00 degrees 30 minutes 57 seconds East, with the apparent centerline of
said Legacy Drive, the east line of said Merritt/Thornton Farm Partnership tract, a distance
of 189.17 feet to the POINT OF BEGINNING and containing 120.525 acres or 5,250,083
square feet of land, more or less.
Bearing system for this survey is based on the Texas Coordinate System of 1983, North
Central Zone (4202), with an applied combined scale factor of 1.000152710. Distances
and areas shown are surface values in U.S. Survey Feet.
This document was prepared under 22 Texas Annotated Code §138.95, does not reflect
the results of an on the ground survey, and is not to be used to convey or establish
interests in real property except those rights and interests implied or established by the
creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
Dated this the 13th day of August, 2024.
Gregory Mark Pea
RPLS No. 6608
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ZONE-24-0013
EXHIBIT "B"
CREEKSIDE
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
The Planned Development District provides the ability to accommodate the development of both a unique
commercial node and a desirable single family residential neighborhood at a gateway into the northwest
portion of the Town of Prosper.
The residential portion of the Creekside development will be a high quality single family detached residential
neighborhood including a neighborhood park and a community amenity park for outdoor recreation. This
traditional residential neighborhood includes lots sized to accommodate higher end homes with deeper rear
yards enabling private home amenities. The design elements facilitate connectivity with nearby parks, trails,
and adjacent schools. Standards and criteria that follow are aimed at ensuring a high quality appearance and
are also intended to create a community with timeless character. These standards and criteria will result in a
community in which Creekside's residents are proud of owning a home.
The commercial center in the Creekside development will provide opportunities for restaurant, retail, and office
uses and will be able to integrate the existing drainage through this area to provide a dynamic area that will
serve both the needs of the residents in adjacent communities as well as those from neighboring areas.
ZONE-24-0013
EXHIBIT "C"
CREEKSIDE
PLANNED DEVELOPMENT DISTRICT
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in
these Development Standards, the regulations of the Town's Zoning Ordinance (as it currently exists or may be
amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply.
SINGLE FAMILY RESIDENTIAL 90.73 Acres
1. GENERAL DESCRIPTION: The standards for Single Family-10 District (SF-10) as contained in the
Town's Zoning Ordinance as it exists or may be amended, except as otherwise set forth in the
development standards below.
2. AMENITIES AND PARKS:
a. General: The Creekside Single Family Residential component will provide package ofamenityfeatures
and open areas. These elements will create a family friendly neighborhood. The neighborhood
amenities that are addressed within these Standards are:
1. Enhanced Entrance
2. Community Amenity Park
3. Neighborhood Park
b. Enhanced Entrance: The primary entry to the community from Legacy Road will include an
enhanced divided entry drive and a landscaped corridor extending into the community and leading to
the Community Amenity Park located in the heart of the community. This greenway corridor shall
include a ten -foot (10') hike and bike trail along one side of the roadway and three inch (3")
caliper shade trees planted at forty feet (40') intervals along each side of the roadway as generally
depicted on Exhibit "G".
c. Community Amenity Park: A Community Amenity Park shall be developed within the Single
Family Residential portion of the Creekside development. The improvements shall be
completed with the initial phase of residential development and will provide fora range of
active, family -oriented activities. The Community Amenity Park will be located on a lot owned
and maintained by the HOA. The program for the Community Amenity Park shall include a
minimum of four (4) elements from the following list with at least one (1) of the elements
identified with an asterisk:
1. Tennis court / pickleball court*
2. Neighborhood playground facility*
3. Shade structure with seating
4. Sand volleyball pit
5. Open natural grass play areas (min of 15,000 SF)
6. Gathering area with pavers, decomposed granite, and/or turf and seating (min 1,000 SF)
7. Grill and picnic area
8. Other amenities as approved by Director of Development Services
d. Neighborhood Park: The Creekside community's design shall include a Neighborhood Park
in the eastern portion of the community near the elementary school as generally depicted on
Exhibit "D". The land area to be dedicated to the Town of Prosper shall complywith the provisions
of Chapter 10, Article 3, Division 6, Section 10.03.150 Dedication Requirements of the
Subdivision Ordinance.
e. Pedestrian Connectivity: Sidewalks located within HOA lots shall provide pedestrian corridors
between blocks, pathways to the Neighborhood Park, and connection to the Town's hike and
bike trail system as generally depicted on Exhibits "D" and "H".
3. USES, DENSITIES AND REGULATIONS
a. Permitted Uses: Land uses allowed within the Single -Family Residential Tract are as follows:
Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. Conditional development standards
are set forth in Chapter 14, Article 3, Division 1, Section 3.1.4 of the Town's Zoning Ordinance.
• Accessory Building
• Construction Yard and Field Office, Temporary C
• Homebuilder Marketing Center C
• Home Occupation C
• Model Home
• Park or Playground
• School, Public
• Single Family Dwelling, Detached
• Antenna and/or Antenna Support Structure, Non -Commercial S
• House of Worship S
• Private Recreation Center S
• Private Street Development S
• School, Private or Parochial S
b. Lot Yield: The maximum number of single family detached units shall be two hundred
twenty-one (221), subject to the limits per lot type specified below.
c. LotTynes: The single family detached lots developed within the community shall be in
accordance with the following two Lot Types that shall be located throughout the
community:
1. Type A Lots: Minimum lot area shall be ten thousand five hundred square feet (10,500
sf) Lots. There shall be a maximum of fifty (50) Type A Lots.
2. Type B Lots: Minimum lot area shall be eleven thousand square feet (11,000 sf) Lots.
Type C Lots: Minimum lot area shall be twelve thousand square feet (12,000 sf) Lots. There
shall be a minimum of fifty-five (55) Type C Lots.
d. Area and Building Regulations: Should a discrepancy exist between the Town Zoning or
Subdivision Ordinance and the standards within this PD, the language herein shall prevail. The
area and building standards for the single-family lots are as follows:
1. Typicai Lot Size; A typical lot shall be 76'x140' but may vary so long as the
requirements provided below are accommodated.
2. Minimum Lot Width: The minimum lot width shall be seventy-six feet (76'), except for
lots located on a cul-de-sac, curve, or eyebrow which may have a minimum width of
seventy feet (70') as measured at the front yard setback provided all other
requirements of this section are met.
3. Minimum Lot Depth: The minimum lot depth shall be one hundred and twenty-five feet
(125'), except for lots located on a cul-de-sac, curve, or eyebrow or backing to a turn
lane which may have a minimum depth of one hundred and twenty feet (120').
4. Minimum Yard Setbacks:
a. Minimum Front Yard Setback: The minimum front yard setback shall be twenty-
five feet (25'). The minimum front yard setbacks for all lots fronting onto the
same street along a block shall be staggered such that roughly one-third of the
lots have a front yard setback as defined herein, one-third of the lots have a front
yard setback that is increased by five feet, and one-third of the lots have a front
yard setback that is increased by ten feet. Not more than two lots in a row may
incorporate the same front yard setback. In no case shall the front yard setback
be less than twenty-five feet (25'). The front yard setbacks for each lot shall be
established at the time of preliminary plat and shall be included on the final plat.
b. Minimum Side Yard Setbacks: The minimum side yard setbacks shall be eight feet
(8'). For corner lots immediately adjacent to a side street right-of-way, the
minimum side yard setbacks shall be fifteen feet (15').
c. Minimum Rear Yard Setback: The minimum rear yard setback shall be twenty
five feet (25'). The lots with an increased front yard setback may also decrease
the rear yard setback by five feet.
Minimum Dwelling Area: Each dwelling shall contain a minimum of two thousand four
hundred square feet (2,400 sf) of floor space for Type A Lots, two thousand six hundred
square feet (2,600 sf) of floor space for Type B lots, and two thousand eight hundred
square feet (2,800 sf) of floor space for Type C Lots. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways
attached to the main dwelling.
6. Maximum Height: The maximum height for a structure shall be two and a half (2 %)
stories, no greater than forty feet (40').
Permitted Encroachments: The minimum front yard setback may be reduced by ten
feet (10') in the following circumstances. In no case shall the reduction cause the
encroachment to be closer than fifteen feet (15') from front property line):
a. Swing -in garages provided that the wall of the garage that faces the street
contains a glass pane window with a minimum size of three feet by five feet
(3'x5'). The swing -in garage that extends into the front yard shall be limited to
one story in height but may have a second story dwelling area above it.
b. Non -enclosed porch, stoop, or balcony, or an architectural feature, such as a bay
window without floor area or chimney.
c. Fireplaces, awnings, overhang eaves, suspended planter or flower boxes, and box
or bay windows may encroach up to three feet (3') into the side yard setbacks.
8. Front Porches: Dwellings located directly across from the Neighborhood Park and the
Community Amenity Park as identified on the Exhibit "D" shall have a front porch.
a. The minimum porch depth shall be seven feet (7') when less than eighteen feet
(18') wide, and no less than six feet (6') otherwise.
b. The minimum porch width shall be seven feet (7')
9. Driveways: Driveways shall be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick
border.
10. Exterior Surfaces:
Masonry is defined as clay fired brick, natural and manufactured stone, granite,
marble, stucco, cementitious material, and architectural concrete block. The
exterior facade of a main building or structure, excluding glass windows and
doors, shall be constructed on one hundred percent (100%) masonry, subject to
the following conditions:
1. Stucco on structures shall be traditional 3-coat process cement plaster
stucco.
2. Cementitious materials may constitute up to twenty percent (20%) of the
area for stories other than the first story.
3. On side and rear elevations, cementitious materials may not be used as a
facade cladding material for portions of upper stories that are in the same
vertical plane as the first story.
4. Any portion of an upper story, excluding windows, that faces a street,
public or private open space, public or private parks, or hike and bike trails,
shall be one hundred percent (100%) masonry and cementitious fiber board
may be used for up to twenty percent (20%).
5. The exterior cladding of chimneys shall be brick, natural or manufactured
stone, or stucco.
6. Cementitious materials may be used for architectural features, including
window box outs, bay windows, roof dormers, garage door headers,
columns, chimneys not part of an exterior wall, or other architectural
features approved by the Building Official.
b. EIFS (exterior insulating and finish process) is not allowed on structures.
11. Roofing
a. Structures constructed on Lots shall have a composition, slate, clay tile, standing
seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All
roofs shall be guttered.
b. Metal roofs shall be non -reflective colors.
c. A minimum of sixty five percent (65%) of the surface area of composition roofs
shall maintain a minimum roof pitch of eight by twelve (8:12).
d. A minimum of seventy-five percent (75%) of the surface area of clay tile, cement
tile, slate or slate products, standing seam metal, or concrete tile shall maintain a
minimum roof pitch of three by twelve (3:12).
12. Garages:
a. Dwellings shall have a minimum of two (2) car garage bays totaling a minimum of
four hundred square feet (400 sf).
b. Where a home has three or more garage/enclosed parking spaces, no more than two
single garage doors or one double garage door shall face the street, unless the
garage door(s) are located behind the main structure.
c. Side entry garages shall be permitted on corner lots.
d. Garage doors directly facing a street shall be located no closer than twenty-five (25')
from the property line.
13. Plate Height: Each structure shall have a minimum principal plate height of nine feet (T) on
the first floor.
14. Fencing;
a. All lots adjacent to open space shall have ornamental metal fencing, not to exceed
six feet (6') in height, abutting to open space.
b. Corner lots adjacent to a street shall have ornamental metal fencing, not to exceed
six feet (6') in height, abutting the street.
c. All fence returns shall consist of ornamental metal fencing, not to exceed six feet (6')
in height.
No wood fencing shall exceed eight feet (8') in height or six feet (6) in height if atop
a two feet (2') or taller retaining wall.
e. All permitted wood fencing shall conform to the Town's ordinances, as it exists or
may be amended.
15. Air Conditioners: No window or wall air conditioning units will be permitted on structures
on Lots. 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.
16. Accessory Structures: Accessory structures shall be subject to the same exterior
construction and architectural standards as the main dwelling. Accessory structures shall
be separate from the main dwelling by a minimum of ten feet (10'), have a minimum rear
yard setback of ten feet (10'), and a minimum side yard setback of eight feet (8').
17. Maximum Lot Coverage: Fifty percent (50%).
18. Landscaping:
a. Required trees shall not be smaller than three (3) caliper inches. A minimum of twc
(2) - four (4) caliper inch trees shall be located in the front yard of all Lots. The total
caliper inches shall be eleven (11) caliper inches. The remaining required trees may
be placed in the front or rear of the Lots.
b. The minimum of twenty (20) shrubs, each a minimum of three (3) gallon in size when
planted, shall be planted in the front yard of all Lots.
c. One hundred percent of all front, side, and rear yards not covered by hardscape /
xeriscape or landscaped beds shall be irrigated and sodded.
d. All foundations visible from street shall have flower beds or evergreen shrubs
generally screening foundation.
RETAIL 29.80 Gross Acres
1. GENERAL DESCRIPTION: This tract shall conform with the standards for Retail District (R) as
contained in the Town's Zoning Ordinance as it exists or may be amended, except as otherwise set
forth in the development standards below.
2. AMENITIES:
a. General: The Creekside Retail/Office area shall provide the opportunity for area residents to live,
work, and shop in the same community. The development will integrate the natural drainage through
the area into the design of the development.
b. Creek Area: The Creek Area shall be improved to provide a natural area within the heart of the
development as shown on Exhibit D. This Creek Area shall be located on a separate lot to be
owned and maintained by a Property Owners Association (POA). Elements within the Creek Area
shall include:
1. Walking path meandering in / around the Creek Area spanning between Legacy Drive and
Frontier Parkway and with pedestrian connections to adjacent buildings
2. Shaded pedestrian congregation areas
3. USES AND REGULATIONS
a. Permitted Uses: Land uses allowed within the Retail/Office Tract areas follows: Uses followed
by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to
conditional development standards. Conditional development standards are set forth in
Chapter 14, Article 3, Division 1, Section 3.1.3 of the Town's Zoning Ordinance.
• Administrative, Medical, or Professional Office
■ Antique Shop
• Artisan's Workshop
• Bank, Savings and Loan, or Credit Union (No Drive -Through)
+ Beauty Salon/Barber Shop
■ Building Material and Hardware Sales, Minor
• Business Service
• Construction Yard and Field Office, Temporary C
■ Dry Cleaning, Minor
• Furniture, Home Furnishings and Appliance Store
■ Governmental Office
• Gymnastics/Dance Studio
+ Health/Fitness Center
• House of Worship
• Insurance Office
• Locksmith/Security System Company
■ Museum/Art Gallery
■ Nursery, Minor
■ Pet Day Care C
■ Print Shop, Minor
• Private Recreation Center
• Restaurant C
■ Retail Stores and Shops (less than 40,000 SF per building)
■ Retail/Service Incidental
■ School, Private or Parochial
■ School, Public
• Theater, Neighborhood
• Veterinarian Clinic and/or Kennel, Indoor
■ Antenna and/or Antenna Support Structure, Commercial S
• Assisted Care or Living Facility S
• Bank, Savings and Loan, or Credit Union (Drive -Through) S
• Big Box (greater than 40,000 SF) S
■ Child Care Center, Licensed S
• Child Care Center, Incidental S
• Commercial Amusement, Indoor S
• Community Center S
• Convenience Store with Gas Pump S
• Convenience Store without Gas Pump S
• Day Care Center, Adult S
• Gas Pumps S
• Massage Therapy, Licensed S
• Meeting/Banquet/Reception Facility S
■ Restaurant, Drive-InS
■ Restaurant with Drive -Through S
• Stealth Antenna, Commercial S
b. Development Regulations:
a. Size of Yards:
1. Minimum Front Yard —Thirty (30) feet.
2. Minimum Side Yard
a. Fifteen (15) feet adjacent to nonresidential district. The minimum side yard setback may
be eliminated for attached retail buildings on separate lots as shown on approved site
plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60)
feet for a two (2) story building adjacent to a residential district.
c. Thirty (30) feet adjacent to a street.
d. No Side Yard required adjacent to the Creek Area
3. Minimum Rear Yard
a. Fifteen (15) feet adjacent to nonresidential district.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty
(60) feet for a two (2) story building adjacent to a residential district.
c. No Rear Yard required adjacent to the Creek Area
b. Size of Lots:
1. Minimum Lot Area —Ten thousand (10,000) square feet.
2. Minimum Lot Width — One hundred (100) feet.
3. Minimum Lot Depth —One hundred (100) feet.
c. Maximum Height —Two stories, no greater than forty (40) feet.
d. Maximum Lot Coverage — Forty (40) percent.
e. Floor Area Ratio: Maximum 0.4:1.
f. Exterior Surfaces/Building Materials:
1. Permitted primary exterior materials are clay fired brick, natural, precast, and
manufactured stone, granite, and marble. Architectural concrete block, split face concrete
masonry unit, and architecturally finished concrete tilt wall may be used for big box uses.
2. Secondary materials used on the fagade of a building are those that comprise a total of ten
(10) percent or less of an elevation area. Permitted secondary materials are all primary
materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and
high impact exterior insulation and finish systems (EIFS). Stucco and EIFS are only permitted
a minimum of nine (9) feet above grade.
4. ADDITIONAL STANDARDS: Retail development shall employ the following additional measures:
a. An eight -foot (8') masonry screening wall shall be constructed along the boundary of the Retail
parcel where adjacent to residential areas. The screening wall along the shared boundary
between the Single Family Residential and Retail parcels shall be built with the first property to
develop. A Wall Maintenance Easement shall be granted along each side of the screening wall.
b. Development along the boundary of the Retail portion where adjacent to residential areas shall
be office use (medical or professional) only.
c. Development along the boundary of the Retail portion where adjacent to residential areas shall
only have one (1) multi -tenant building.
d. Larger buildings shall be located closer to Frontier Parkway, away from the boundary of the Retail
portion adjacent to residential areas.
e. All site and fagade plans in the Retail portion require Town Council approval.
GENERAL REQUIREMENTS
Development Plan: A Conceptual Development Plan is hereby attached (Exhibit "D") and made a part
of these development standards. It establishes the most general guidelines by identifying the project
boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication and roads.
2. Maintenance of Facilities: The Developers shall establish a Homeowner's Association ("HOA") for
Single Family Residential property and a Property Owner's Association ("POA") for Retail property, 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
respective Single Family Residential or Retail development or adjacent Right -of -Way ("ROW). The
HOA and POA documents shall be reviewed and approved by the Director of Development Services.
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COLLIN COUNTY. TEXAS
PREPARED: AUG28, 2024
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PROJECT NO: ZONE-24-0013
ZONE-24-0013
EXHIBIT "E"
CREEKSIDE
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT SCHEDULE
It is anticipated that the development of the Creekside development will begin within 1 to 2 years after approval
of the zoning ordinance, dependent upon construction of area thoroughfares and utilities benefitting the
property.
The Single Family Residential portion of the Creekside project is planned for development in one or two phases
depending on market trends/demands. The initial phase of Single Family Residential is anticipated to begin on
the western portion of the property fronting along Legacy. This initial phase will construct improvements to
Legacy at that time. If phasing is utilized, the second phase will complete the remaining residential
development, including dedication of the park at that time.
The Retail/Office development should follow shortly after the Single Family Residential component assuming
continued growth of the immediate and local marketplace.
It is anticipated that the development of Creekside, excluding total construction of all structures, will be
completed within 5 to 10 years.
This schedule is subject to change due to various factors beyond the control of the developer such as housing
and commercial market conditions, construction materials and labor availability and acts of nature, among
others.
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Town f Prosper, M.... Cowry, Texas