06.03.25 PZ Agenda PacketPage 1 of 3
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Welcome to the Prosper Planning & Zoning Commission Meeting.
Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings
Addressing the Planning & Zoning Commission:
Those wishing to address the Planning & Zoning Commission must complete the Public Comment
Request Form located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/ Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town Staff for further
assistance.
Citizens and other visitors attending Planning & Zoning Commission meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to members of the Commission.
Any person making personal, impertinent, profane or slanderous remarks or who becomes
boisterous while addressing the Commission or while attending the meeting shall be removed
from the room, if so directed by the Mayor or presiding officer, and the person shall be barred
from further audience before the Commission during that session of the meeting. Disruption of a
public meeting could constitute a violation of Section 42.05 of the Texas Penal Code.
1. Call to Order / Roll Call.
2. Pledge of Allegiance.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be removed
from the Consent Agenda by the request of a Commission Member or Staff.
3a. Consider and act upon the minutes from the May 20, 2025, Planning & Zoning
Commission work session meeting.
3b. Consider and act upon the minutes from the May 20, 2025, Planning & Zoning
Commission regular meeting.
AGENDA
Planning & Zoning Commission
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, June 03, 2025
6:00 PM
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3c. Consider and act upon the minutes from the May 20, 2025, Planning & Zoning
Commission work session meeting regarding the Unified Development Code.
3d. Consider and act upon a request for a Preliminary Plat of Creekside, on 90.7± acres,
located on the east side of Legacy Drive and 1,000± feet south of Frontier Parkway.
(DEVAPP-25-0006)
3e. Consider and act upon a request for a Site Plan for Temporary Buildings on Lakes of
La Cima, Phase 3, Block 36, Lot 2X, on 10.0± acres, located on the southeast
intersection of Somerville Drive and Livingston Drive. (DEVAPP-25-0053)
CITIZEN COMMENTS
The public is invited to address the Commission on any topic. However, the Commission is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public
Comment Request Form” and present it to a staff member prior to the meeting.
REGULAR AGENDA:
If you wish to address the Commission, please fill out a “Public Comment Request Form” and
present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the
Texas Government Code, individuals wishing to address the Planning & Zoning Commission for
items listed as public hearings will be recognized when the public hearing is opened. For
individuals wishing to speak on a non-public hearing item, they may either address the
Commission during the Citizen Comments portion of the meeting or when the item is considered
by the Planning & Zoning Commission.
4. Conduct a Public Hearing and consider and act upon a request for a Planned
Development to create two single-family lots by subdividing a residential lot on Haiman
Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street and
120± feet west of Church Street. (ZONE-24-0002)
5. Review actions taken by the Town Council and possibly direct Town Staff to schedule
topic(s) for discussion at a future meeting.
6. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday,
May 30, 2025, and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
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NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper Staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1073 at least 48 hours prior to the meeting time.
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Call to Order / Roll Call
The meeting was called to order at 5:30 p.m.
Commissioners Present: Chair Brandon Daniel, Vice Chair Damon Jackson, Secretary Josh
Carson, John Hamilton, Matthew Furay, and Glen Blanscet
Staff Present: David Hoover, AICP (Director of Development Services), Suzanne Porter, AICP
(Planning Manager), Dakari Hill (Senior Planner), Jerron Hicks (Planner) and Trey Ramon
(Planning Technician)
Items for Individual Consideration:
1. Discuss items on the May 20, 2025, Planning & Zoning Commission agenda.
Town Staff presented the items on the May 20, 2025, Planning & Zoning Commission Consent
Agenda.
The Commission inquired about Item 3f and 3g. There was discussion about the proposed
location of the storage tank near Lakewood Drive and Town Staff's recommendation to relocate
it farther away from the road.
The Commission inquired about Item 4. Further discussion was had pertaining to the
restrictiveness in the proposed ordinance amendment and the issues the language could cause.
Commissioners then inquired about the drive-through standards in neighboring cities which Staff
explained were not nearly as restrictive.
Adjourn.
The work session was adjourned at 6:05 p.m.
_______________________________________ _________________________________
Trey Ramon, Planning Technician Josh Carson, Secretary
MINUTES
Prosper Planning & Zoning Commission
Work Session
Prosper Town Hall
Executive Conference Room
250 W. First Street, Prosper, Texas
Tuesday, May 20, 2025, 5:30 p.m.
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1. Call to Order / Roll Call
The meeting was called to order at 6:10 p.m.
Commissioners Present: Chair Brandon Daniel, Vice Chair Damon Jackson, Secretary Josh
Carson, John Hamilton, Matthew Furay, and Glen Blanscet
Staff Members Present: David Hoover, AICP (Director of Development Services), Suzanne
Porter, AICP (Planning Manager), Dakari Hill (Senior Planner), Jerron Hicks (Planner), and Trey
Ramon (Planning Technician)
Other(s) Present: Amanda Davis, Town Attorney
2. Recitation of the Pledge of Allegiance.
CONSENT AGENDA
3a. Consider and act upon the minutes from the May 6, 2025, Planning & Zoning
Commission work session meeting.
3b. Consider and act upon the minutes from the May 6, 2025, Planning & Zoning
Commission work session meeting.
3c. Consider and act upon the minutes from the May 6, 2025, Planning & Zoning
Commission meeting.
3d. Consider and act upon the minutes from the May 6, 2025, Planning & Zoning
Commission UDC work session meeting.
3e. Consider and act upon a request for a Final Plat of Wandering Creek, Phase 2, on
20.1± acres, located on the southeast corner of Wildcat Way and First Street.
(DEVAPP-24-0132)
3f. Consider and act upon a request for a Site Plan for a Prosper Independent School
District Community Center, Administration Building, and Pavillion on Prosper ISD
Lakewood Campus, Block A, Lot 1, on 53.3± acres, located on the east side of
Lakewood Drive and 900± feet north of University Drive. (DEVAPP-25-0019)
3g. Consider and act upon a request for a Final Plat of Prosper ISD Lakewood Campus,
Block A, Lot 1, on 53.3± acres, located on the east side of Lakewood Drive and 925±
feet north of University Drive. (DEVAPP-25-0018)
MINUTES
Prosper Planning & Zoning Commission
Regular Meeting
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, May 20, 2025, 6:00 p.m.
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3h. Consider and act upon a request for a Conveyance Plat of Parvin 1385 Addition,
Block A, Lots 1-2, on 90.1± acres, located on the south side of Parvin Road and 900±
feet east of FM 1385. (DEVAPP-25-0040)
Commissioner Hamilton made a request to pull Items 3f and 3g from the Consent Agenda.
Commissioner Carson made a motion to approve Items 3a, 3b, 3c, 3d, 3e, and 3h. The motion
was seconded by Commissioner Hamilton. The motion was carried unanimously by a vote of
6-0.
Ms. Porter presented Items 3f and 3g to the Commissioners, provided an overview of the
proposed storage tank and pump house location and explained Town Staff’s recommendation to
relocate the facility away from Lakewood Drive, further into the site by the detention pond.
Dan Heischman, Assistant Director of Engineering Services with the Town of Prosper, discussed
with the Commissioners the proposed Traffic Impact Analysis request and the future development
of Richland Boulevard and Wildcat Way.
Mike Wilson with TNP Engineering explained to the Commissioners that alternative sites on the
property have been extensively researched for the placement of the storage tank and pump
house. However, due to uncertainty about future development on the neighboring site, the
currently proposed location was considered the most suitable. Since the Preliminary Site Plan,
the positions of the pump house and storage tank were switched to better shield the structures
from the road, along with the addition of landscape screening.
Commissioner Carson inquired about the purpose of the storage tank and asked for more
information pertaining to why relocation of the storage tank was not viewed as a feasible option.
Mr. Wilson explained that the purpose of the storage tank was for irrigation of the campus as well
as keeping the irrigation ponds full. Additionally, he reiterated the School District’s desire to have
the eastern portion of the site remain open to accommodate any future development.
Commissioners Carson and Blanscet inquired about the growth rate and maximum height of the
yaupon hollies being used to screen the storage tank. Mr. Wilson explained that the trees would
be eight feet tall at the time of planting and could grow at a rate of one to two feet per year,
reaching a maturity height of twenty to twenty-five feet.
Mr. Wilson stated that the school district was requesting approval of the proposed site plan as
submitted, with the inclusion of additional landscaping to screen the storage tank and pump
house. Additionally, he requested that approval of the Traffic Impact Analysis be conditioned prior
to the construction of Richland Boulevard allowing site improvements to begin while the study is
still being reviewed.
Todd Shirley, Chief of Construction & Design with Prosper ISD, addressed the commissioners
and emphasized the school district’s desire to keep the storage tank in its proposed location.
Commissioner Blanscet made a motion to approve item 3f subject to relocation of the storage
tank and pump house, with final placement subject to approval by the Director of Development
Services and subject to the Traffic Impact Analysis being approved prior to the release of
construction for Richland Boulevard. The motion was seconded by Chairman Daniel. The motion
failed by a vote of 3-3 with Commissioners Carson, Hamilton, and Furay, in opposition.
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Commissioner Furay inquired whether landscaping would provide sufficient screening for the
storage tank and pump house. Mr. Hoover responded that landscaping would not sufficiently
screen the area due to the planting needing several years to reach maturity.
Mr. Wilson provided the Commission with examples of water tanks/towers on Town Property that
were either near a thoroughfare or did not have screening.
Commissioner Furay made a motion to approve Item 3f subject to staff conditions with
modifications to include the relocation of the storage tank and pump house final placement subject
to approval by the Director of Development Services and subject to the Traffic Impact Analysis
being approved prior to the release of construction for Richland Boulevard. The motion was
seconded by Commissioner Carson. The motion was carried unanimously by a vote of 6-0.
Commissioner Blanscet made a motion to approve Item 3g subject to Town Staff’s
recommendations. The motion was seconded by Commissioner Furay. The motion was carried
unanimously by a vote of 6-0.
CITIZEN COMMENTS
No comments were made.
REGULAR AGENDA:
4. Conduct a Public Hearing to consider and act upon amending Article 3, Division 1,
Section 3.1.4 – Conditional Development Standards and Article 4, Division 9 -
Additional and Supplemental, of the Town of Prosper Zoning Ordinance to modify
requirements related to drive-throughs. (ZONE-25-0005)
A motion was made by Commissioner Hamilton to remove Item 4 from the table. The motion was
seconded by Commissioner Jackson. The motion was carried unanimously by a vote of 6-0.
Ms. Porter presented Item 4 to the Commissioners and discussed the standards of other
municipalities pertaining to drive-throughs. Commissioner Carson recommended that Town Staff
also look at other municipalities with similar growth patterns and size including Flower Mound,
Southlake, and Trophy Club.
Commissioner Carson suggested adding language to the amendment to address sites with an
anchor user that may have adjacent lots with drive-throughs. Additionally, Commissioner Blanscet
suggested considering a distance requirement between drive-throughs.
Town Staff emphasized the importance of identifying the specific goals of the amendment. The
Commissioners stated that the amendment should address aesthetics, congestion, and safety.
Town Staff requested that the item be tabled indefinitely to better refine the language in the
amendment and to conduct additional research on similar standards in comparable municipalities.
Commissioner Blanscet made a motion to table Item 4 indefinitely. The motion was seconded by
Commissioner Carson. The motion was carried unanimously by a vote of 6-0.
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5. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Ms. Porter informed the Commissioners of the past Town Council actions and upcoming cases
for Planning & Zoning Commission action.
Secretary Josh Carson noted that he would not be present at the next Planning & Zoning
Commission meeting.
6. Adjourn.
The meeting was adjourned at 8:05 p.m.
______________________________________ ___________________________________
Trey Ramon, Planning Technician Damon Jackson, Vice Chair
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Call to Order / Roll Call
The meeting was called to order at 8:17 p.m.
Commissioners Present: Chair Brandon Daniel, Vice Chair Damon Jackson, Secretary Josh
Carson, John Hamilton, Matthew Furay, and Glen Blanscet
Staff Present: David Hoover, AICP (Director of Development Services), Suzanne Porter, AICP
(Planning Manager), Dakari Hill (Senior Planner), Jerron Hicks (Planner), and Trey Ramon
(Planning Technician)
Items for Individual Consideration:
1. Discussion regarding Chapters 14 and 15 of the Unified Development Code.
Town Staff discussed Chapters 14 and 15 of the Unified Development Code with the
Commissioners who provided feedback regarding the standards and format.
Adjourn.
The work session was adjourned at 9:30 p.m.
_______________________________________ _________________________________
Trey Ramon, Planning Technician Damon Jackson, Vice Chair
Minutes
Prosper Planning & Zoning Commission
Work Session
Prosper Town Hall
Executive Conference Room
250 W. First Street, Prosper, Texas
Tuesday, May 20, 2025, 6:00 p.m.
Immediately Following Regular Meeting
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To: Planning & Zoning Commission Item No. 3d
From: Dakari Hill, Senior Planner
Through: David Hoover, AICP, Director of Development Services
Cc: Suzanne Porter, AICP, Planning Manager
Re: Preliminary Plat of Creekside
Meeting: June 3, 2025
Agenda Item:
Consider and act upon a request for a Preliminary Plat of Creekside, on 90.7± acres, located on
the east side of Legacy Drive and 1,000± feet south of Frontier Parkway. (DEVAPP-25-0006)
Future Land Use Plan:
The Future Land Use Plan designates this area as Medium Density Residential.
Zoning:
The property is zoned Planned Development-129 (Single Family-10).
Conformance:
The Preliminary Plat conforms to the development standards of Planned Development-129.
* Bolded items in this section represent what is reflected on the preliminary plat while the
items in parenthesis show the requirements outlined in the Planned Development. *
Density:
o Lot Count – 221 Lots (Max. of 221 Lots)
Type A Lots (10,500 SF) – 50 Lots (Max. of 50 Lots)
Type B Lots (11,000 SF) – 110 Lots (No Max. or Min.)
Type C Lots (12,000 SF) – 61 Lots (Min. of 55 Lots)
PLANNING
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Size of Yards:
o Type A, B, and C Lots
Minimum Front Yard – 25’ (Min. of 25’)
Minimum Side Yard – 8’ (Min. of 8’)
Minimum Side Yard (Adj. to Street) – 15’ (Min. of 15’)
Minimum Rear Yard – 25’ (Min. of 25’)
Size of Lots:
o Type A Lots
Minimum Lot Size – 10,500 SF (Min. of 10,500 SF)
Minimum Lot Width – 76’ (Min. of 76’)
Minimum Lot Depth – 125’ (Min of 125’)
o Type B Lots
Minimum Lot Size – 11,000 SF (Min. of 11,000 SF)
Minimum Lot Width – 76’ (Min. of 76’)
Minimum Lot Depth – 125’ (Min. of 125’)
o Type C Lots
Minimum Lot Size – 12,000 SF (Min. of 12,000 SF)
Minimum Lot Width – 76’ (Min. of 76’)
Minimum Lot Depth – 125’ (Min. of 125’)
Description of Agenda Item:
The purpose of the Preliminary Plat is to construct 221 single-family homes and 16 open
space/common area lots. Fifty of these lots will be developed as Type A Lots (10,500 SF), 111 of
these lots will be developed as Type B Lots (11,000 SF), and the remaining 61 lots will be
developed as Type C Lots (12,000 SF).
Access:
Access is provided from Legacy Drive, Hillary Drive, and Bancroft Drive.
Landscaping, Open Space, and Screening:
The proposed development complies with all landscaping, open space, and screening
requirements.
Town Park:
The lot depicted as Block C, Lot 1X will be dedicated to the Town for a future park.
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Gap in Deed:
A sliver of unclaimed land exists between this development and the adjacent development to the
south, Prosper ISD Middle School 7. The developers for this subdivision and the school district
are working toward a resolution regarding ownership of the piece of land. If the land is claimed by
the school district, the boundary for this subdivision will remain the same. If the land is claimed
by the subdivision, it will be incorporated into the rear of the lots it’s adjacent to at the time of the
final plat.
Attached Documents:
1. Location Map
2. Preliminary Plat
3. Conceptual Plan (Planned Development-129)
Town Staff Recommendation:
Town Staff recommends approval of the Preliminary Plat.
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W. FRONTIER
PKWY.P.O.C.1022492829202119315272625242318171615141312111094783254333852515046484744453435363741394042431118910131289101312910117836515131414162131110912141613101112141514479812101117161513652311097862345114121765432111467123451532187654513202735426142128715222936816233037192431382102532393111833404121926344153179132630A57X58X59XAAAEEELGKHI11X15XF15X11XCollin County School Land SurveyAbstract No. 14743X56X55X1XM P.O.B.44X60XJohn McKim SurveyAbstract No. 889N. LEGACY DR.SHADDOCK LANEDARTBROOK LN.HARTFORD LN.MAROON BELLS LN.MAROON BELLS LN.WEATHERBY LN.HARTFORD LN.
CLOISTER LN.
BECKFORD LN.HUNTLEIGH LN.CATHEDRAL LAKE LN.SUTTON LN.KENTWOOD LN.CHISWICK LN.
HILLARY DR.
STREET ABKENTWOOD LN.CATHEDRALLAKE LN.CATHEDRAL LAKE LN.HEKE1211\\bgeinc\data\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\SV\04_CAD\12847-00_PPLT.dwg 2025-05-30-09:11 jnagle
200100500SCALE: 1" = 100'Copyright 2025BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Firm No. 10106500SURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comSHADDOCK-CREEKSIDEPROSPER, LLC2400 DALLAS PARKWAY, SUITE 560PLANO, TEXAS 75093Contact: William C. Shaddock, Jr.Phone: 214-225-9643OWNER/DEVELOPERVICINITY MAP(NOT TO SCALE)MONUMENT OF RECORD DIGNITYBOUNDARY LINELEGENDINST. NO.INSTRUMENT NUMBERPROPERTY LINEPROPOSED EASEMENT LINEEXISTING EASEMENT LINEO.P.R.C.C.T.OFFICIAL PUBLIC RECORDS OFCOLLIN COUNTY, TEXASP.O.B.POINT OF BEGINNINGTYPE A(>10,500 SQ. FT.)D.R.C.C.T.DEED RECORDS OFCOLLIN COUNTY, TEXASB.L.BUILDING LINEU.E.UTILITY EASEMENTTYPE B(>11,000 SQ. FT.)TYPE C(>12,000 SQ. FT.)LOT W/ REQUIRED FRONT PORCHES(PER ZONING STANDARD)SEE MATCHLINE ASEE MATCHLINE BSEE MATCHLINE ASEE MATCHLINE B
DEVAPP-25-0006PRELIMINARY PLATCREEKSIDE90.730 ACRES237 TOTAL LOTS221 RESIDENTIAL LOTSLOTS 1–54, BLOCK A; LOTS 1–10, BLOCK B; LOTS 1–10, BLOCK D; LOTS 1–42,BLOCK E; LOTS 1–14, BLOCK F; LOTS 1–14, BLOCK G; LOTS 1–16, BLOCK H;LOTS 1–16, BLOCK I; LOTS 1–18, BLOCK J; LOTS 1–17, BLOCK K; LOTS 1–10,BLOCK L;11 OPEN SPACE LOTSLOTS 55X-57X, 59X-60X, BLOCK A; LOT 11X, BLOCK B; LOT 1X, BLOCK C;LOT 11X, BLOCK D; LOT 43X, BLOCK E; LOT 19X, BLOCK J; LOT 1X, BLOCK M5 COMMON AREA LOTSLOT 58X, BLOCK A; LOT 44X, BLOCK E; LOT 15X, BLOCK F; LOT 15X, BLOCK G;LOT 11X, BLOCK LCOLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147TOWN OF PROSPER, COLLIN COUNTY, TEXASMAY 2025SHEET 1 OF 314
10495433385251504648474445343536374139404243431029187657836514213111091214161310111278941665214153181717981015321876545678192103114125343291876559XADBCJEI11X19X11X1X60XCATHEDRAL LAKE LN.SUTTON LN.BENCHMARK LN.CHISWICK LN.HILLARY DR.EMBERCREST LN.STRASBURG LN.
STREET ABKENTWOOD LN.CATHEDRAL LAKE LN.HEK\\bgeinc\data\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\SV\04_CAD\12847-00_PPLT.dwg 2025-05-30-09:11 jnagleGENERAL NOTES:1.Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an appliedcombined scale factor of 1.000152710. Distances and areas shown are surface values in U.S.Survey Feet.2.The floodplain boundaries shown hereon are approximate and are not depicted as a result of anon-the-ground survey. The subject tract lies with Zone X and Zone AE as delineated on FloodInsurance Rate Map for Collin County, Texas and Incorporated Areas, Map Number 48085C0115Jwith Map Revised June 2, 2009.Zone X - Areas determined to be outside the 0.2% annual chance floodplainZone AE - (Special flood hazard areas subject to inundation by the 1% annual chance floodevent) - Base flood elevations determined3.The subject property does lie within a 100-year flood plain according to Community Panel No.48085C0115J , dated June 2, 2009 of the National Flood Insurance Rate Maps of Collin County,Texas. Floodplain to be revised for this project.4.The square footage value shown hereon is a mathematical value calculated from the boundary datashown hereon. This value in no way represents the precision of closure of this survey or theaccuracy of corner monuments found or placed.5.All open space lots are owned and maintained by the Homeowners Association.6.Lots 55X-57X, 59X-60X, Block A; Lot 11X, Block B; Lots 43X-44X, Block E; Lot 15X, Block F; Lot15X, Blockk G; Lot 19X, Block J; and Lot 11X, Block L shall contain sidewalks for connectivity to theTown of Prosper trail system.7.The thorough alignment(s) shown are for illustration purposes and does not set the alignment. Thealignment is determined at the time of the Final Plat.8.All lots comply with the minimum size requirements of the zoning district, PD-129.TYPE A LOTS = 50 PROVIDED (MAX 50 ALLOWED)TYPE B LOTS = 110 LOTS PROVIDEDTYPE C LOTS = 61 LOTS PROVIDED (MIN 55 ALLOWED)9.Notice: selling a portion of this addition by metes and bounds is a violation of Town ordinance andState Law and is subject to fines and withholding of utilities and building permits.10.Final plat will not be able to proceed until the drainage situation has been addressed.11.Fences adjacent to open space lots shall be ornamental metal, tubular steel, or split rail withminimum 50% through vision, per the Town of Prosper open fencing requirements. Lots identified asHOA lots are not expected to follow open fencing requirements.TYPICAL LOT DETAILPER PD-129N.T.S.CURVE/CUL-DE-SAC/EYEBROWLOTS DETAILPER PD-129N.T.S.R.O.W./CORNER LOT DETAILPER PD-129N.T.S.*FRONT SETBACK PER PRELIMINARY PLAT VARIES +/- 5' FROM STANDARD DIMENSION**REAR SETBACK MAY REDUCE TO 20' WHEN FRONT SETBACK MEASURES 35'***LENGTHS PROVIDED ARE BASED ON 25' SETBACK. ZONING ORDINANCE ALLOWSSTAGGERING 25'-35' SETBACKSSEE MATCHLINE B200100500SCALE: 1" = 100'VICINITY MAP(NOT TO SCALE)MONUMENT OF RECORD DIGNITYBOUNDARY LINELEGENDINST. NO.INSTRUMENT NUMBERPROPERTY LINEPROPOSED EASEMENT LINEEXISTING EASEMENT LINEO.P.R.C.C.T.OFFICIAL PUBLIC RECORDS OFCOLLIN COUNTY, TEXASP.O.B.POINT OF BEGINNINGTYPE A(>10,500 SQ. FT.)D.R.C.C.T.DEED RECORDS OFCOLLIN COUNTY, TEXASB.L.BUILDING LINEU.E.UTILITY EASEMENTTYPE B(>11,000 SQ. FT.)TYPE C(>12,000 SQ. FT.)LOT W/ REQUIRED FRONT PORCHES(PER ZONING STANDARD)ACCESS EASEMENTThe undersigned covenants and agrees that the access easement(s) may beutilized by any person of the general public for ingress and egress to other realproperty, and for the purpose of general public vehicular use and access, and forthe Fire Department, Police, and emergency use in along, upon, and across saidpremises, with the right and privilege at all time of the Town of Prosper, itsagents, employees, workmen and representatives having ingress, egress, andregress in, along, upon, and across said premises.LANDSCAPE EASEMENTThe undersigned covenants and agrees that the landscape easement andrestrictions herein set forth shall run with the land and be binding on the owner(s)of the property in this subdivision, their successors and assigns, and all partiesclaiming by, through and under them. In the event a Replat is requested on all orpart of this property, the Town may require any similar or additional restrictionsat its sole discretion. The sole responsibility for maintenance and replacement oflandscape materials thereof shall be borne by any 'homeowners' associationhereafter established for the owners of lots in this subdivision and/or the ownerof the individual lots within this subdivision. Such maintenance and replacementshall be in conformance with the requirements, standards, and specifications ofthe Town of Prosper, as presently in effect or as may be hereafter amended.This provision may be enforced by specific performance or by any other remedyallowed by law. This Landscape Easement shall be void of utilities and otherelements unless otherwise approved on the plat.DRAINAGE AND FLOODWAY EASEMENTThis plat is hereby adopted by the Owners and approved by the Town of Prosper(Called "Town") subject to the following conditions which shall be binding uponthe Owners, their heirs, grantees, successors and assigns: The Portion of BlocksA and E, as shown on the plat is called "Drainage Easement" and is the naturaldrainage channel across each lot. The existing creek or creeks traversing alongthe Drainage and Floodway Easement within the limits of this addition, willremain as an open channel at all times and will be maintained by the owners ofthe lot or lots that are traversed by or adjacent to the drainage courses in theDrainage and Floodway Easement. The Town will not be responsible for themaintenance and operation or said creek or creeks or for any damage to privateproperty or person that results for the flow of water along said creek, of for thecontrol of erosion. No obstruction to the natural flow of storm water run-off shallbe permitted by construction of any type of building, fence, or any other structurewithin the Drainage and Floodway Easement or the natural drainage channels,as herein above defined. Provided it is understood that in the event it becomesnecessary for the Town to erect or consider erecting any type of drainagestructure in order to improve the storm drainage that may be occasioned bystreets and alleys in or adjacent to the subdivision, then in such event, the Townshall have the right to enter upon the Drainage and Floodway Easement at anypoint, or points, to investigate, survey or to erect, construct, and maintain anydrainage facility deemed necessary for drainage purposes. Each property ownershall keep the natural drainage channels traversing or adjacent to his propertyclean and free of debris, silt, and any substance which would result in unsanitaryconditions or obstruct the flow of water, and the Town shall have the right ofingress and egress for the purpose of inspection and supervision of maintenancework by the property owner to alleviate any undesirable conditions which mayoccur. The natural drainage through the Drainage and Floodway Easement, as inthe case of all natural channels, are subject to storm water overflow and naturalbank erosion to an extent which cannot be definitely defined. The Town shall notbe held liable for any damages of any nature resulting from the occurrence ofthese natural phenomena, or resulting from the failure of any structure orstructures, within the natural drainage channels. Building areas outside theDrainage and Floodway Easement line shall be filled to a minimum elevation asshown on the plat. The minimum floor elevation for each lot shall be as shown onthe plat.SEE MATCHLINE B
Copyright 2025BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Firm No. 10106500SURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comSHADDOCK-CREEKSIDEPROSPER, LLC2400 DALLAS PARKWAY, SUITE 560PLANO, TEXAS 75093Contact: William C. Shaddock, Jr.Phone: 214-225-9643OWNER/DEVELOPERDEVAPP-25-0006PRELIMINARY PLATCREEKSIDE90.730 ACRES237 TOTAL LOTS221 RESIDENTIAL LOTSLOTS 1–54, BLOCK A; LOTS 1–10, BLOCK B; LOTS 1–10, BLOCK D; LOTS 1–42,BLOCK E; LOTS 1–14, BLOCK F; LOTS 1–14, BLOCK G; LOTS 1–16, BLOCK H;LOTS 1–16, BLOCK I; LOTS 1–18, BLOCK J; LOTS 1–17, BLOCK K; LOTS 1–10,BLOCK L;11 OPEN SPACE LOTSLOTS 55X-57X, 59X-60X, BLOCK A; LOT 11X, BLOCK B; LOT 1X, BLOCK C;LOT 11X, BLOCK D; LOT 43X, BLOCK E; LOT 19X, BLOCK J; LOT 1X, BLOCK M5 COMMON AREA LOTSLOT 58X, BLOCK A; LOT 44X, BLOCK E; LOT 15X, BLOCK F; LOT 15X, BLOCK G;LOT 11X, BLOCK LCOLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147TOWN OF PROSPER, COLLIN COUNTY, TEXASMAY 2025SHEET 2 OF 315
\\bgeinc\data\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\SV\04_CAD\12847-00_PPLT.dwg 2025-05-30-09:11 jnagle
CERTIFICATE OF APPROVAL:Approved this _____ day of ____________________, 2025 by the Planning & Zoning Commission of the Town of Prosper, Texas_____________________Town Secretary_____________________Engineering Department_____________________Development Services DepartmentSURVEYOR'S CERTIFICATEKnown All Men By These Presents:That I, Gregory Mark Peace, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land andthat the corner monuments shown thereon were placed under my personal supervision, in accordance with the Subdivision Regulation of the Town of Prosper,Texas.Dated this _____ day of ____________________, 2025._______________________________Name, Title & Registration No.STATE OF TEXAS §COUNTY OF COLLIN §BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Gregory Mark Peace known to me to be theperson and officer whose name is subscribed to the foregoing instrument, and acknowledged to em that he executed the same for the purposes andconsiderations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________________, 2025._______________________________Notary Public, State of TexasOWNER'S CERTIFICATESTATE OF TEXAS §COUNTY OF COLLIN §WHEREAS, Shaddock-Creekside Prosper, LLC is the owner of a 90.730-acre (3,952,213-square-foot) tract of land situated in theCollin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas; said tract being part of that certaintract of land described in Special Warranty Deed to Legacy Frontier, LLC recorded in Instrument No. 20150203000121210 of theOfficial Public Records of Collin County, Texas; said 90.730-acre-tract of land being more particularly described by metes andbounds as follows:COMMENCING, at a 5/8-inch iron rod with illegible cap found for the southeast corner of that called 1.436-acre tract of landdescribed in Right-of-Way Dedication to the City of Celina recorded in Instrument No. 2008-9821 of said Official Records ofDenton County, and at the intersection of the approximate centerline of Legacy Drive (a variable-width public right-of-way) andthe south right-of-way line of Frontier Parkway (a variable-width public right-of-way); said point being the northwest corner of saidLegacy Frontier tract, the northeast corner of that called 18.954-acre tract of land described in Right-of-Way Warranty Deed toCity of Celina recorded in Instrument No. 2022-24205 of the Official Records of Denton County, Texas;THENCE, South 00 degrees 30 minutes 57 seconds West, with the approximate centerline of said Legacy Drive, a west line ofsaid Legacy Frontier tract, the east line of the said 18.954-acre City of Celina tract, and the east line of those certain tracts of landdescribed 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, a distance of 189.17 feet to a 5/8-inch iron rod with"RPLS 5674" cap found; said point being a southwest corner of said Legacy Frontier tract, the northwest corner of that certaintract of land described in Right-of-Way Warranty Deed to the Town of Prosper recorded in 20100518000498080 of said OfficialPublic Records of Collin County, and the northeast corner of that certain tract of land described in General Warranty Deed toDenton 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 approximate centerline of said Legacy Drive and the saideast line of Merritt/Thornton tract and with a south line of said Legacy Frontier tract and the north line of said Town of Prospertract, a distance of 39.21 feet to a point; said point being an ell corner of said Legacy Frontier tract and the northeast corner ofsaid Town of Prosper tract;THENCE, South 00 degrees 10 minutes 55 seconds West, with a west line of said Legacy Frontier tract and the east line of saidTown of Prosper tract, a distance of 320.00 feet to a 5/8-inch iron rod; said point being an ell corner of said Legacy Frontier tractand the southeast corner of said Town of Prosper tract;THENCE, North 89 degrees 49 minutes 05 seconds West, with a north line of said Legacy Frontier tract and the south line of saidTown of Prosper tract, a distance of 40.90 feet to a PK nail found in the said approximate centerline of Legacy Drive; said pointbeing a northwest corner of said Legacy Frontier tract, the southwest corner of said Town of Prosper tract, the southeast cornerof said Denton County tract, and a northeast corner of that called 26.822-acre tract described in Special Warranty Deed to MerrittCrossing Development LLC recorded in Instrument No. 2021-213963 of said Official Records of Denton County;THENCE, South 00 degrees 29 minutes 02 seconds West, with the said approximate centerline of Legacy Drive, a west line ofsaid Legacy Frontier tract, and an east line of said Merritt Crossing Development tract, a distance of 358.02 feet to a 5/8-inch ironrod with "BGE" cap set for corner at the POINT OF BEGINNING;THENCE, North 89 degrees 17 minutes 48 seconds East, departing the said approximate centerline of Legacy Drive, the saideast line of Merritt Crossing Development tract, and the said west line of Legacy Frontier tract and into and across said LegacyFrontier tract, a distance of 1,515.50 feet to a 5/8-inch iron rod with "BGE" cap set for corner in an east line of said LegacyFrontier tract and a west line of a called 99.522-acre tract of land described as Tract 1 in Special Warranty Deed to TollSouthwest LLC recorded in Instrument No. 2024000009613 of said Official Public Records of Collin County;THENCE, South 00 degrees 00 minutes 38 seconds East, with the said east line of Legacy Frontier tract and the said west line ofTract 1, a distance of 288.74 feet to a 1/2-inch iron rod found for corner; said point being an interior corner of said Legacy Frontiertract and a southwest corner of said Tract 1;THENCE, North 89 degrees 11 minutes 50 seconds East, with a north line of said Legacy Frontier tract and a south line of saidTract 1, a distance of 1,532.96 feet to a 1/2-inch iron rod with illegible cap found for corner; said point being a northeast corner ofsaid Legacy Frontier tract and an interior corner of said Tract 1;THENCE, South 01 degrees 14 minutes 54 seconds East, with an east line of said Legacy Frontier tract and a west line of saidTract 1, a distance of 1,151.46 feet to a 60D nail found for corner in the north line of a called 221.617-acre tract of land describedin Special Warranty Deed to BGY Prosper 221 LLC in Instrument No. 20171121001544530 of said Official Public Records ofCollin County; said point being the southeast corner of said Legacy Frontier tract and the southwest corner of said Tract 1;THENCE, South 89 degrees 13 minutes 16 seconds West, with the south line of said Legacy Frontier tract and the said north lineof BGY Prosper 221 tract, a distance of 1,063.46 feet to a 5/8-inch iron rod with "KHA" cap found for corner; said point being anangle point for said Legacy Frontier tract, the northwest corner of said BGY Prosper 221 tract, and the northeast corner of acalled 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, continuing with the south line of said Legacy Frontier tract and withthe north line of said Tract 2 and the north line of that called 38.572-acre tract of land described in Special Warranty Deed toProsper Independent School District recorded in Instrument No. 20200817001344070 of said Official Public Records of CollinCounty, at a distance of 645.55 feet passing a 1/2-inch iron rod found for the northwest corner of said Tract 2 and the northeastcorner of said Prosper Independent School District tract and continuing for a total distance of 2,022.01 feet to a point for corner inthe said approximate centerline of Legacy Drive and in the said east line of Merritt Crossing Development tract; said point beingthe 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 approximate centerline of Legacy Drive, the west line ofsaid Legacy Frontier tract, and the east line of said Merritt Crossing Development tract, a distance of 1,423.27 feet to the POINTOF BEGINNING and containing 90.730 acres or 3,952,213 square feet of land, more or less.NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS:THAT, Shaddock-Creekside Prosper, LLC, and acting herein by and through their duly authorized officers, do hereby certify andadopt this plat designating the herein above described property as Creekside, an addition to the Town of Prosper, and do herebydedicate to the public use forever, the streets and alleys shown thereon, Shaddock-Creekside Prosper, LLC, do hereby certify thefollowing:1.The streets and alleys are dedicated for street and alley purposes.2.All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances.3.The easements and public use areas, as shown are dedicated for the public use forever for the purposes indicated on thisplat.4.No buildings, fences, trees, shrubs, or other improvements or growth shall be constructed or placed upon, over or across theeasements as shown, except that landscape improvements may be placed in landscape easements if approved by the Townof Prosper5.The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused bymaintenance or repair.6.Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using thesame unless the easement limits the use to particular utilities, said use by the pubic utilities being subordinate to the public'sand Town of Prosper's use thereof.7.The Town of Prosper and public utilities shall have the right to remove and keep removed all or part of any building, fences,trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction,maintenance, or efficiency of their respective systems in the easements.8.The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respectiveeasements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding toor removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone.9.All modifications to this document shall be by means of plat and approved by the Town of Prosper.10.For lots adjacent to a Floodplain Only: a. 100 Year Floodplain Easement Restriction: Construction within the floodplain maynot occur until approved by the Town. (A request for construction within the floodplain easement must be accompanied withdetailed engineering plans and studies indicating that no flooding will result, that no obstruction to the natural flow of waterwill result; and subject to all owners or the property affected by such construction becoming a party to the request.) Whereconstruction is approved, all finished floor elevations shall be a minimum of two (2) foot above the 100-year flood elevationas determined by analyzing the ultimate build-out conditions of the entire drainage basin. Existing creeks, lakes, reservoirs,or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and willbe maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots.The Town will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Eachproperty owner shall keep the natural drainage channels traversing his/her property clean and free of debris, silt, or anysubstance that would result in unsanitary conditions. The Town shall have the right of ingress and egress for the purpose ofinspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which mayoccur. The Town is not obligated to maintain or assistance with maintenance of the area. The natural drainage channel, as inthe case of all natural drainage channels, are subject to storm water overflow and natural bank erosion. The Town shall notbe liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure ofany structure(s) within the natural drainage channels. The natural drainage channel crossing each lot is shown by theFloodway easement line as shown on the plat. If a Subdivision alters the horizontal or vertical floodplain, a FEMA Floodwaymap revision may be required.This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas.WITNESS, my hand, this _____ day of, ________________, 2025.BY:Shaddock-Creekside Prosper, LLC_________________________________________________Authorized Signature_________________________________________________Printed NameSTATE OF TEXAS §COUNTY OF COLLIN §BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared_______________________________, known to me to be the person and officer whose name is subscribed to the foregoinginstrument, and acknowledged to em that he executed the same for the purposes and considerations therein expressed and inthe capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________________, 2025._______________________________Notary Public, State of TexasReleased for client review purposes only on May 30, 2025.Preliminary, this document shall not berecorded for any purpose and shall notbe used or viewed or relied upon as afinal survey document.LEGENDTYPE A(>10,500 SQ. FT.) = 50 LOTSTYPE B(>11,000 SQ. FT.) = 110 LOTSTYPE C(>12,000 SQ. FT.) = 61 LOTSCopyright 2025BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Firm No. 10106500SURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comSHADDOCK-CREEKSIDEPROSPER, LLC2400 DALLAS PARKWAY, SUITE 560PLANO, TEXAS 75093Contact: William C. Shaddock, Jr.Phone: 214-225-9643OWNER/DEVELOPERDEVAPP-25-0006PRELIMINARY PLATCREEKSIDE90.730 ACRES237 TOTAL LOTS221 RESIDENTIAL LOTSLOTS 1–54, BLOCK A; LOTS 1–10, BLOCK B; LOTS 1–10, BLOCK D; LOTS 1–42,BLOCK E; LOTS 1–14, BLOCK F; LOTS 1–14, BLOCK G; LOTS 1–16, BLOCK H;LOTS 1–16, BLOCK I; LOTS 1–18, BLOCK J; LOTS 1–17, BLOCK K; LOTS 1–10,BLOCK L;11 OPEN SPACE LOTSLOTS 55X-57X, 59X-60X, BLOCK A; LOT 11X, BLOCK B; LOT 1X, BLOCK C;LOT 11X, BLOCK D; LOT 43X, BLOCK E; LOT 19X, BLOCK J; LOT 1X, BLOCK M5 COMMON AREA LOTSLOT 58X, BLOCK A; LOT 44X, BLOCK E; LOT 15X, BLOCK F; LOT 15X, BLOCK G;LOT 11X, BLOCK LCOLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147TOWN OF PROSPER, COLLIN COUNTY, TEXASMAY 2025SHEET 3 OF 316
79.3'79.3'78.5'79.7'LEGACY DRIVE FRONTIER PARKWAYROAD AROAD AROAD BROAD BROAD C ROAD DROAD D ROAD CROAD EROAD EROAD QROAD FROAD GROAD H
ROAD IROAD JROAD K
ROAD K
ROAD L
ROAD L
ROAD MROAD MROAD PROAD N
ROAD O ROAD IROAD JROAD PPROPOSEDPARK+/- 1.6 ACPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDUTILITY EASEMENT60' ROW37' B-BSINGLE-FAMILYDEVELOPMENT90.7 ACPROPOSED RECLAIMEDFLOODPLAIN BOUNDARIESPROPOSEDHOA LOTPROPOSED RECLAIMEDFLOODPLAIN BOUNDARIESMIN FP=603.9MIN FP=603.9EXISTINGFLOODPLAIN BOUNDARIESEXISTINGFLOODPLAIN BOUNDARIESAPPROX 9.45 AC OFRECLAIMED FLOODPLAINFUTURECOMMERCIALDEVELOPMENT26.9 AC60' ROW37' B-B751.26'433.74'APPROX. LOCATION OF10' HIKE AND BIKE TRAILAPPROX. LOCATION OF10' HIKE AND BIKE TRAILAPPROX. LOCATION OF10' HIKE AND BIKE TRAILROAD N
60' ROW37' B-BFUTURETOWN PARK+/- 7.11 AC*******************************PROPOSEDHOA LOTPROPOSEDHOA LOTPROPOSEDHOA LOTP.O.B.G:\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\LD-NTX\01_CADD\04_EXHIBITS\2024-06-18 ZONING EXHIBIT D\EXHIBIT D.dwg Sep 26, 2024-3:56pm sthomasBGE, INC.EXHIBIT DCREEKSIDEGROSS: 120.525 ACSINGLE FAMILY: 90.730 ACCOMMERCIAL: 29.795 ACCOLLIN COUNTY SCHOOL LAND SURVEYABSTRACT NO. 147TOWN OF PROSPERCOLLIN COUNTY, TEXASPREPARED: AUG 28, 2024PROJECT NO: ZONE-24-0013Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953OWNERSURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comLEGACY FRONTIER, LLC9111 Cypress Waters Blvd, Suite 300Coppell, Texas 75019-4858Contact: Sivaramaiah KondruPhone: 248-345-3818Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953APPLICANTContact: Garrett ScogginsTelephone: 972-464-4858 • Email: gscoggins@bgeinc.comNOTES1.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT THE TIME OF FINAL PLAT.2.PROPOSED RIGHT-OF-WAY WITHIN SINGLE-FAMILY PORTION TO BE 50' ROW WITH 31' B-B, UNLESS OTHERWISE SHOWN.3.THE CONCEPTUAL LAYOUT PROVIDED REFLECTS THE GENERAL INTENT; HOWEVER, THE FINAL LAYOUT WILL BE DETERMINED DURING THE PRELIMINARY SITE PLAN STAGE AND MUST COMPLY WITHALL TOWN REQUIREMENTS. THIS INCLUDES, BUT IS NOT LIMITED TO, ADHERENCE TO ALL FIRE CODE REGULATIONS, ENGINEERING DESIGN STANDARDS CONCERN DRIVEWAY SPACING, THROATDEPTH, AND TURN LANE REQUIREMENTS, AND THE TOWN'S STANDARD LANDSCAPING REQUIREMENTS, UNLESS SPECIFIED OTHERWISE IN EXHIBIT C (PLANNED DEVELOPMENT STANDARDS).ADDITIONALLY, ALL DEVELOPMENT STANDARDS OUTLINED IN THE TOWN ZONING ORDINANCE, UNLESS OTHERWISE DEFINED IN EXHIBIT C, MUST BE FOLLOWED AS WELL AS COMPLIANCE WITH ALLAPPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS, PARTICULARLY THOSE CONCERNING FLOODPLAINS AND WATERS OF THE U.S. THE APPROVAL OF THE LAYOUT DEPICTED IN EXHIBIT D DOESNOT CONFER ANY VESTED RIGHTS IN THIS ZONING CASE.VICINITY MAP(NOT TO SCALE)SCALE: 1" = 150'750150300LEGEND PROPOSED FIRE HYDRANT LOCATION* DWELLING WITH REQUIRED FRONT PORCHES17
Page 1 of 2
To: Planning & Zoning Commission Item No. 3e
From: Jerron Hicks, Planner
Through: David Hoover, AICP, Director of Development Services
Cc: Suzanne Porter, AICP, Planning Manager
Re: Site Plan for Folsom Elementary School Temporary Buildings
Meeting: June 3, 2025
Agenda Item:
Consider and act upon a request for a Site Plan for Temporary Buildings on Lakes of La Cima,
Phase 3, Block 36, Lot 2X, on 10.0± acres, located on the southeast intersection of Somerville
Drive and Livingston Drive. (DEVAPP-25-0053)
Future Land Use Plan:
The Future Land Use Plan designates this area as Medium Density Residential.
Zoning:
The property is zoned Planned Development-6 (Single Family-10).
Conformance:
The Site Plan conforms to the development standards of Planned Development-6.
Description of Agenda Item:
On June 20, 2023, the Planning & Zoning Commission approved a site plan for one temporary
building on the property (D14-0005). Prosper ISD requests four additional temporary buildings
totaling 7,575 square feet, indicating that the portables are needed to accommodate additional
enrollment from at Rucker Elementary. A new Rucker Elementary school is being built and is
planned to open for the 2026-2027 school year. If necessary, the portables will remain in place
to accommodate student enrollment following the opening of the new elementary school.
Access:
Access is provided from Somerville Drive and Livingston Drive.
PLANNING
18
Page 2 of 2
Landscaping, Open Space, and Screening:
The proposed development complies with all landscaping, open space, and screening
requirements.
Companion Item:
There is no companion item for this case.
Attachments:
1. Location Map
2. Site Plan
3. Previously Approved Site Plan (D14-0005)
Town Staff Recommendation:
Town Staff recommends approval of the Site Plan.
19
20
DEVAPP-25-0053
SITE PLAN
FOLSOM ELEMENTARY
TEMPORARY BUILDINGS
55
55
FOLSOM ELEMENTARY SCHOOL
Proposed
Portables (2)
Proposed
fence
Existing FenceExisting
Portable
Existing
Access Gate
Proposed FD
Access Gate
Proposed
Portable
Proposed FD Access Gate
Proposed FD Access Gate
Proposed
fence
PORTABLES SUMMARY TABLE
PORTABLES:
Existing: 1
Proposed: 4
Total: 5
1,515 SF Each
Total SF = 7,575
PARKING:
Existing Classrooms: 55
55 Classrooms @ 1.5 Space
per Classroom = 83 Spaces.
8 (New) Classroms @ 1.5 Space
per Classroom = 12 Spaces
TOTAL REQUIRED = 83+12 = 95
TOTAL PROVIDED = 134
NOTES:
- All development standards shall follow Town Standards.
- Landscaping shall conform to landscape plans approved by the Town of Prosper.
- All development standards shall follow Fire Requirements per the Town of Prosper.
- Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with the requirements of the
current, adopted Building Code.
- All signage is subject to Building Official approval.
- Impact fees will be assessed in accordance with the land use classification(s) identified on the Site Data Summary Table; however, changes to the
proposed land use at the time of CO and/or finish-out permit may result in additional impact fees and/or parking requirements.
- The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from the date that the Preliminary Site Plan is approved by
the Planning & Zoning Commission, at the end of which time the applicant must have submitted and received the approval of a Site Plan by the
Planning & Zoning Commission. If a site plan is not approved within such two (2) year period, the Preliminary Site Plan approval is null and void. If
Site Plan approval is only for a portion of the property, the approval of the Preliminary Site Plan for the remaining property shall be null and void.
- Open Space requirements shall follow the Zoning Ordinance, per tract. Open Space shall not include vehicular paving, required parking lot
landscape islands, building footprint, utility yards, required landscape setbacks, sidewalks*, and detention pond *
21
22
Page 1 of 4
To: Planning & Zoning Commission Item No. 4
From: Jerron Hicks, Planner
Through: David Hoover, AICP, Director of Development Services
Cc: Suzanne Porter, AICP, Planning Manager
Re: Planned Development for Haiman Addition, Block A, Lot 1 (305 East
Seventh Street)
Meeting: June 3, 2025
Agenda Item:
Conduct a Public Hearing and consider and act upon a request for a Planned Development to
create two single-family lots by subdividing a residential lot on Haiman Addition, Block A, Lot 1,
on 0.6± acre, located on the north side of Seventh Street and 120± feet west of Church Street.
(ZONE-24-0002)
Future Land Use Plan:
The Future Land Use Plan recommends Old Town District.
PLANNING
23
Page 2 of 4
Zoning:
The property is zoned Single Family-15.
Thoroughfare Plan:
This property has direct access to Seventh Street.
Parks Master Plan:
The Parks Master Plan does not indicate a park is needed on the subject property.
Hike & Bike Trail:
The Hike & Bike Trail Master Plan does not indicate a trail along this property.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. Staff have not
received any response to the proposed zoning request to date.
Attached Documents:
1. Aerial Map
2. Zoning Map
3. Future Land Use Exhibit
4. Final Plat of Haiman Addition, Block A, Lot 1
5. Exhibit A-1 – Legal Description
6. Exhibit A-2 – Boundary Exhibit
7. Exhibit B – Letter of Intent
8. Exhibit C – Development Standards
9. Exhibit D – Conceptual Plan
10. Exhibit E – Development Schedule
11. Draft Development Agreement
Description of Agenda Item:
The purpose of this request is to rezone the property to split the lot into two lots. The lot is
currently 28,000 square feet, and the applicant requests to subdivide the lot into two lots, bringing
each lot to 14,000 square feet and not quite meeting the requirement of 15,000 square feet per
the SF-15 zoning.
Compatibility:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Single Family-15 Residential Old Town District
North Planned Development-37
(PD-37) Residential Old Town District
East Single Family-15 Residential Old Town District
South Single Family-15 Residential Old Town District
West Single Family-15 Residential Old Town District
24
Page 3 of 4
The property originally consisted of two tracts of land that were approximately 14,000 square feet
each. In March of 2015, the property was platted into one lot. The proposal to subdivide the
property into two lots is compatible with the surrounding development. There are similar lots in
the area that are less than 15,000 square feet. See exhibit below:
25
Page 4 of 4
District Regulations:
The district regulations for this property will be Single Family-15. The only exception to the typical
standards is the minimum lot area being 14,000 square feet rather than 15,000 square feet. Below
is a summary of the proposed district regulations:
Size of Yards
o Minimum Front Yard — 35 feet.
o Minimum Side Yard — 10 feet; 15 feet on corner adjacent to side street.
o Minimum Rear Yard — 25 feet.
Size of Lots:
o Minimum Lot Area — 14,000 square feet.
o Minimum Lot Width — 100 feet.
o Minimum Lot Depth — 135 feet.
Uses:
The list of permitted uses within this Planned Development is shown below.
Single Family Dwelling, Detached
Accessory Buildings
Architectural Standards:
Any new construction or updates to the existing home will need to comply with the standards
listed in Exhibit C and in the development agreement. A draft development agreement has been
prepared for review.
Staff Recommendation:
This zoning change is compliant with the Future Land Use Plan and would not be seen as out of
character with the neighborhood due to the similar sizes of the surrounding properties. For these
reasons, Staff recommends approval of the request for a Planned Development to create two
single-family lots by subdividing a residential lot on Haiman Addition, Block A, Lot 1, on 0.6± acre,
located on the north side of Seventh Street and 120± feet west of Church Street.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on June 24, 2025.
26
0 100 20050
Feet CALLALILYLNE SEVENTH STE SEVENTH ST
DRAGONFLY DR
N CHURCH STCOIT RDLOVERS LNTEELPKWYPROSPER TRL
FISHTRAP RD
MAHARDPKWYPRESTONRDLACIMABLVDLEGACY DRFM 1385FIRST ST
RICHL A N D BLV D
BROADWAY ST
FRONTIER PKWY
US HIGHWAY 380SHAWNEE TRLDALLASNORTHTOLLWAYGEERD
PRAIRIE DRIVE COLEMANCUSTER RDPARVIN R D
HAYSRD¯
Planned Development
ZONE-24-0002
305 E Seventh St
27
28
Future Land Use Exhibit
29
30
31
DRAWN BY: SS DATE: 02/13/2024 CHECKED BY: MNP JOB NO.: D59045OWNER/DEVELOPERDEANA L. SHUTES-HAIMAN305 E 7TH ST.PROSPER, TEXAS 75078,PH.# 915-474-0177Collin County, Texas1955 LAKEWAY DRIVE, SUITE 220 I LEWISVILLE, TX 75057 I 214.217.2544FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COMILAND SURVEYINGPLATTINGWINDROSELEGEND OF ABBREVIATIONS·D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS·O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS·P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS·ROWRIGHT OF WAY·IRS1/2 INCH RED CAPPED REBAR STAMPED "WINDROSE" SET·C.M.CONTROLLING MONUMENTEXHIBIT A-2HAIMAN ADDITIONBLOCK A, LOT 1,SITUATED IN THECOLLIN COUNTY SCHOOL LANDS SURVEY,ABSTRACT NO. 147IN THE TOWN OF PROSPER,COLLIN COUNTY, TEXAS“”“”“”Last Revision Date: 09/25/2024OWNER/DEVELOPER FREDERICK HAIMAN5300 TOWN & COUNTRY SUITE 200FRISCO, TEXAS 75034,PH.# 214-618-3160Collin County, Texas32
Exhibit B
ZONE-24-0002
Statement of Intent and Purpose
The purpose of this zoning request is to change the current zoning from Single Family-15 to
a Planned Development to be able to comply with the Town of Prosper’s platting
requirements in order to subdivide the property into two lots. The future plan for the property
will be to sell the lots.
33
ZONE-24-0002
Exhibit C
Development Standards
This tract shall develop under the regulation of the Single Family – 15 District (SF-15) as outlined
in the Town’s Zoning Ordinance, as it exists or may be amended with the following conditions:
1. Permitted Uses
The permitted uses are as follows:
• Single Family Residence, Detached
• Accessory Buildings
2. District Regulations
The district regulation requirements within this Planned Development are as follows:
• Size of Yards
o Minimum Front Yard — 35 feet.
o Minimum Side Yard — 10 feet; 15 feet on corner adjacent to side street.
o Minimum Rear Yard — 25 feet.
• Size of Lots:
o Minimum Lot Area — 14,000 square feet.
o Minimum Lot Width — 100 feet.
o Minimum Lot Depth — 135 feet.
3. Architectural Standards
The architectural standards within this Planned Development are as follows:
• Building materials requirements
o The exterior facades shall be constructed of 100 percent masonry (clay
fired brick, natural and manufactured stone, granite, marble, and
stucco). Other materials may be approved by the Director of
Development Services.
o Stucco on structures shall be traditional 3-coat process cement plaster
stucco.
o Cementitious materials may constitute up to twenty percent (20%) of
the area for stories other than the first story.
o On side and rear elevations, cementitious materials may not be used
as a façade cladding material for portions of upper stories that are in
the same vertical plane as the first story.
34
o The exterior cladding of chimneys shall be brick, natural or
manufactured stone, or stucco.
o Cementitious materials may be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, or other architectural features approved by the
Building Official.
• Existing Structures
o Exterior alterations not related to maintenance shall be approved by the
Director of Development Services or his/her designee.
• New Structures
o The architectural style of the building shall be compatible with the
neighboring properties.
o Exterior elevations shall be submitted to the Planning Division and are
subject to the approval of the Director of Development Services or
his/her designee.
o Shall incorporate covered porches into the front façade, a multiplicity of
roof forms, and high pitch roof lines. Recommended architectural
styles are Craftsman, Folk Traditional, and Victorian.
35
DRAWN BY: SS DATE: 02/13/2024 CHECKED BY: MNP JOB NO.: D59045Last Revision Date: 09/25/20241955 LAKEWAY DRIVE, SUITE 220 I LEWISVILLE, TX 75057 I 214.217.2544FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COMILAND SURVEYINGPLATTINGWINDROSELEGEND OF ABBREVIATIONS·D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS·O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS·P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS·ROWRIGHT OF WAY·IRS1/2 INCH RED CAPPED REBAR STAMPED "WINDROSE" SET·C.M.CONTROLLING MONUMENTEXHIBIT DCASE NO. ZONE-24-0002HAIMAN ADDITIONBLOCK A, LOT 1PROPOSED: LOTS 1R-1 AND 1R-20.6428 ACRESSITUATED IN THECOLLIN COUNTY SCHOOL LANDS SURVEY,ABSTRACT NO. 147IN THE TOWN OF PROSPER,COLLIN COUNTY, TEXASLEGENDOWNER/DEVELOPERDEANA L. SHUTES-HAIMAN305 E 7TH ST.PROSPER, Texas 75078,PH.# 915-474-0177Collin County, TexasOWNER/DEVELOPER FREDERICK HAIMAN5300 TOWN & COUNTRY SUITE 200FRISCO, TEXAS 75034,PH.# 214-618-3160Collin County, Texas36
Exhibit E
ZONE-24-0002
Development Schedule
The purpose of the Planned Development is to subdivide the property and sell it in the future
for the development of a single-family residence.
37
Page 1 of 10
HAIMAN ADDITION DEVELOPMENT AGREEMENT
THIS HAIMAN ADDITION DEVELOPMENT AGREEMENT (“Agreement”) is
entered into by and between the Town of Prosper, Texas (“Town”), and Haiman Family
Legacy Wealth Trust, Frederick O. Haiman and Deana Shutes-Haiman (collectively,
“Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the
“Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State
of Texas; and
WHEREAS, Developer is developing a project in the Town known as Haiman
Addition, Block A, Lot 1 (“Property”), a legal description of which Property is attached
hereto as Exhibit A and incorporated by reference; and
WHEREAS, the Property was rezoned by the Town Council on or about _______,
2025, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon
development standards contained in the underlying zoning ordinance, as may be
amended, and/or this Development Agreement, to recognize Developer’s reasonable
investment-backed expectations in said development, as may be amended, and as more
fully described herein.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Development Standards. For any structure built on the Property
following the Effective Date, it shall comply with the requirements contained in Exhibit B,
“Building Materials,” attached hereto and incorporated herein. The Parties agree and
acknowledge that the provisions of this Paragraph shall apply to any structure
constructed subsequent to the execution of this Agreement. Nothing in this Agreement
shall be deemed to modify or otherwise amend any zoning regulation duly adopted by
the Town, previously or in the future.
2. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Developer and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other Developers of the Property,
regardless of whether this Agreement is expressly referenced therein.
38
Page 2 of 10
3. Applicability of Town Ordinances. Developer shall develop the Property,
and construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
4. Default. No Party shall be in default under this Agreement until
notice of the alleged failure of such Party to perform has been given (which notice shall
set forth in reasonable detail the nature of the alleged failure) and until such Party has
been given a reasonable time to cure the alleged failure (such reasonable time
determined based on the nature of the alleged failure, but in no event less than thirty (30)
days after written notice of the alleged failure has been given). In addition, no Party shall
be in default under this Agreement if, within the applicable cure period, the Party to whom
the notice was given begins performance and thereafter diligently and continuously
pursues performance until the alleged failure has been cured. If either Party is in default
under this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages
5. Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Collin County, Texas. Exclusive venue for any action
arising under this Agreement shall lie in Collin County, Texas.
6. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
Prosper, Texas 75078
Attention: Town Manager
If to Developer: Haiman Family Legacy Wealth Trust
c/o Deana L. Shutes - Haiman
305 E 7th Street
Prosper, TX 75078
c/o Frederick Haiman
5300 Town & Country, Suite 200
Frisco, TX 75034
7. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
39
Page 3 of 10
prevailing party in any such action or proceeding shall be entitled to recover its
reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees
on any appeal).
8. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
9. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
10. Binding Agreement. A telecopied facsimile of a duly executed
counterpart of this Agreement shall be sufficient to evidence the binding agreement of
each party to the terms herein, including without limitation a scanned copy sent via
electronic mail by either Party.
11. Authority to Execute. This Agreement shall become a binding obligation
on the Parties upon execution by all Parties hereto. The Town warrants and represents
that the individual executing this Agreement on behalf of the Town has full authority to
execute this Agreement and bind the Town to the same. Developer warrants and
represents that the individual executing this Agreement on behalf of Developer has full
authority to execute this Agreement and bind Developer to the same. The Town Council
hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
12. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County,
Texas.
13. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
14. Notification of Sale or Transfer; Assignment of Agreement. Developer
shall notify the Town in writing of any sale or transfer of all or any portion of the Property,
within ten (10) business days of such sale or transfer. Developer has the right (from time
to time without the consent of the Town, but upon written notice to the Town) to assign
this Agreement, in whole or in part, and including any obligation, right, title, or interest of
Developer under this Agreement, to any person or entity (an “Assignee”) that is or will
40
Page 4 of 10
become a Developer of any portion of the Property or that is an entity that is controlled
by or under common control with Developer. Each assignment shall be in writing
executed by Developer and the Assignee and shall obligate the Assignee to be bound
by this Agreement. A copy of each assignment shall be provided to the Town within ten
(10) business days after execution. Provided that the successor Developer assumes
the liabilities, responsibilities, and obligations of the assignor under this Agreement, the
assigning party will be released from any rights and obligations under this Agreement as
to the Property that is the subject of such assignment, effective upon receipt of the
assignment by the Town. No assignment by Developer shall release Developer from
any liability that resulted from an act or omission by Developer that occurred prior to the
effective date of the assignment. Developer shall maintain true and correct copies of all
assignments made by Developer to Assignees, including a copy of each executed
assignment and the Assignee’s Notice information.
15. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
16. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
17. Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
18. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
19. Amendment. This Agreement shall not be modified or amended except
in writing signed by the Parties. A copy of each amendment to this Agreement, when
fully executed and recorded, shall be provided to each Party, Assignee and successor
Developer of all or any part of the Property; however, the failure to provide such copies
shall not affect the validity of any amendment.
20. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall
41
Page 5 of 10
be construed as a whole according to its fair meaning, and any presumption or principle
that the language herein is to be construed against any Party shall not apply.
21. Waiver of Texas Government Code § 3000.001 et seq. With respect to
any and all Structures to be constructed on the Property pursuant to this Agreement,
Developer hereby waives any right, requirement or enforcement of Texas Government
Code §§ 3000.001-3000.005, as amended.
22. Third-Party Beneficiaries. Nothing in this Agreement shall be construed
to create any right in any Third-Party not a signatory to this Agreement, and the Parties
do not intend to create any third-party beneficiaries by entering into this Agreement.
23. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple
or otherwise, to the Town relative to any development on the Property is roughly
proportional to the need for such land and Developer hereby waives any claim therefor
that it may have. Developer further acknowledges and agrees that all prerequisites to
such a determination of rough proportionality have been met, and that any costs
incurred relative to said donation are related both in nature and extent to the impact of
the development referenced herein. Both Developer and the Town further agree to
waive and release all claims one may have against the other related to any and all rough
proportionality and individual determination requirements mandated by the United
States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny,
as well as any other requirements of a nexus between development conditions and the
provision of roadway services to the Property.
24. Exactions/Infrastructure Costs. Developer has been represented by
legal counsel in the negotiation of this Agreement and been advised or has had the
opportunity to have legal counsel review this Agreement and advise Developer,
regarding Developer’s rights under Texas and federal law. Developer hereby waives
any requirement that the Town retain a professional engineer, licensed pursuant to
Chapter 1001 of the Texas Occupations Code, to review and determine that the
exactions required by the Town are roughly proportional or roughly proportionate to the
proposed development’s anticipated impact. Developer specifically reserves its right to
appeal the apportionment of municipal infrastructure costs in accordance with
§ 212.904 of the Texas Local Government Code; however, notwithstanding the
foregoing, Developer hereby releases the Town from any and all liability under §
212.904 of the Texas Local Government Code, as amended, regarding or related to the
cost of those municipal infrastructure requirements imposed by this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
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Page 6 of 10
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizares
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2025, by Mario Canizares, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
____________________________________
Notary Public, State of Texas
My Commission Expires:
_________________
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Page 7 of 10
DEVELOPER:
Haiman Family Legacy Wealth Trust
By: _____________________________
Name: Frederick O. Haiman
Title: ____________________________
By: _____________________________
Name: Deana Shutes-Haiman
Title: ____________________________
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2025, by Frederick O. Haiman and Deana Shutes-Haiman on behalf
of Haiman Family Legacy Wealth Trust, known to be the persons whose names are
subscribed to the foregoing instrument, and that they executed the same on behalf of
and as the act of Developer.
____________________________________
Notary Public, State of Texas
My Commission Expires:
_________________
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Page 8 of 10
EXHIBIT A
(Property Description & Depiction)
45
Page 9 of 10
46
Page 10 of 10
EXHIBIT B
(Building Materials)
Architectural Standards
The architectural standards within this Planned Development are as follows:
• Building materials requirements
o The exterior facades shall be constructed of 100 percent masonry
(clay fired brick, natural and manufactured stone, granite, marble,
and stucco). Other materials may be approved by the Director of
Development Services.
o Stucco on structures shall be traditional 3-coat process cement
plaster stucco.
o Cementitious materials may constitute up to twenty percent (20%) of
the area for stories other than the first story.
o On side and rear elevations, cementitious materials may not be used
as a façade cladding material for portions of upper stories that are in
the same vertical plane as the first story.
o The exterior cladding of chimneys shall be brick, natural or
manufactured stone, or stucco.
o Cementitious materials may be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, or other architectural features approved by the
Building Official.
• Existing Structures
o Exterior alterations not related to maintenance shall be approved by
the Director of Development Services or his/her designee.
• New Structures
o The architectural style of the building shall be compatible with the
neighboring properties.
o Exterior elevations shall be submitted to the Planning Division and
are subject to the approval of the Director of Development Services
or his/her designee.
o Shall incorporate covered porches into the front façade, a multiplicity
of roof forms, and high pitch roof lines. Recommended architectural
styles are Craftsman, Folk Traditional, and Victorian.
47