2026-16 O - Approve Specific Use Permit (SUP) Private Streets - Brookhollow TownhomesTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2026-16
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY GRANTING A SPECIFIC
USE PERMIT (SUP) TO ALLOW PRIVATE STREETS ON A TRACT OF LAND
CONSISTING OF 21.4 ACRES, MORE OR LESS, SITUATED IN JEREMIAH
HORN SURVEY, ABSTRACT 411, TRACT 35 AND A PORTION OF TRACTS 5
AND 48, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS;
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-
25-0002) from Ryan Sextro ("Applicant") for a Specific Use Permit (SUP) for Private Streets, on
a tract of land Planned Development-114 (PD-114) and Specific Use Permit-52 (S-52), consisting
of 21.4 acres of land, more or less, in Jeremiah Horn Survey, Abstract 411, Tract 35 and a portion
of Tracts 5 and 48, in the Town of Prosper, Collin County, Texas, and being more particularly
described in Exhibit "A-1" and Exhibit "A-2", attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) 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 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: Applicant is granted a Specific Use Permit (SUP) for Private Streets, on a tract of land
zoned Planned Development-114 (PD-114) and Specific Use Permit-52 (S-52), consisting of 21.4
acres of land, more or less, in Jeremiah Horn Survey, Abstract 411, Tract 35 and a portion of
Tracts 5 and 48, Town of Prosper, Collin County, Texas, and being more particularly described in
1) the Property Legal Description, Exhibit "A-1" and 2) Survey, Exhibit "A-2", attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Specific Use Permit
shall conform to, and comply with (1) the Site Plan, attached hereto as Exhibit "B", which is
incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time -to -time be made of
the official zoning district map.
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
Case No. ZONE-25-0002 Ordinance No. 2026-16, Page 2
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,
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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THE 24TH DAY OF MARCH, 2026.
ATTEST:
U,-CCj1J-" Lwl� S� P.�,CMXA�
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
f
David F. Bristol, Mayor
OF p��
\ 1914
\�XAS
Case No. ZONE-25-0002 Ordinance No. 2026-16, Page 3
Westwood
LEGAL DESCRIPTION
BROOK HOLLOW TOWNHOMES
SPECIAL USE PERMIT — 21.394 ACRES
JEREMIAH HORN SURVEY, ABSTRACT NO.411
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
WHEREAS Mythri Prosper Town Home LP, Mythri Prosper Hallow Commercial, LLC, and JEN TEXAS
40 LLC, are the sole owner of a 21.394 acre tract of land situated in the Jeremiah Survey, Abstract No.
411, Town of Prosper, Collin County, Texas, and being all of a called 20.043 acre tract of land conveyed
to Mythri Prosper Town Home LP, by deed of record in Instrument No. 2024000021406, of said Official
Public Records, and being part of a tract of land conveyed to Mythri Prosper Hallow Commercial, LLC,
by deed of record in Instrument No. 2024000021365, of said Official Public Records, and being a part
of a 190.211 acre tract of land conveyed to JEN TEXAS HOMES 40 LLC, by deed of record in Instrument
No. 2025000028240, of said Official Public Records; said 21.394 acre tract being more particularly
described as follows:
BEGINNING at a 1/2" with a yellow plastic cap stamped "WESTWOOD PS" set for corner in the west
line of Brookhollow Apartments, Block A, Lot 1, an addition to the Town of Prosper, Collin County,
Texas, according to the plat thereof recorded in Plat Book 2024, Page 721, of the Plat Records of Collin
County, Texas, said point being at the northeast corner of a said Mythri Prosper Hallow Commercial,
LLC tract;
THENCE North 89 degrees 35 minutes 30 seconds West, along the north line of said Mythri Prosper
Hallow Commercial, LLC tract, a distance of 1,420.72 feet to a 1/2" with a yellow plastic cap stamped
"WESTWOOD PS" set at an angle point;
THENCE departing the said north line of the Mythri Prosper Hallow Commercial, LLC tract, over and
across said Mythri Prosper Town Home LP tract, said Mythri Prosper Hallow Commercial, LLC tract,
and said 190.211 acre tract, the following courses and distances:
South 49 degrees 36 minutes 17 seconds West, a distance of 139.90 feet to a 1/2" with a yellow plastic
cap stamped "WESTWOOD PS" set for corner;
South 40 degrees 17 minutes 29 seconds East, a distance of 1.92 feet to a 1/2" with a yellow plastic
cap stamped "WESTWOOD PS" set at the beginning of a tangent curve to the right;
Along said tangent curve to the right having a central angle of 39 degrees 34 minutes 16 seconds, a
radius of 330.00 feet, and an arc length of 227.91 feet (chord bears South 20 degrees 30 minutes 21
seconds East, 223.41 feet) to a 1/2" with a yellow plastic cap stamped "WESTWOOD PS" set for corner
at the beginning of reverse curve to the left;
Along said easterly line of said State of Texas tract, and along said non -tangent curve to the left
having a central angle of 00 degrees 35 minutes 15 seconds, a radius of 470.00 feet, and an arc length
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Westwood
of 4.82 feet (chord bears South 00 degrees 59 minutes 37 seconds East, 4.82 feet) to a 1/2" with a
yellow plastic cap stamped "WESTWOOD PS" set for corner in an easterly line of a tract of land
conveyed to the State of Texas, by deed of record in Instrument No. 2024000091799, of said Official
Public Records, said point being at the beginning of a non -tangent curve to the left;
THENCE in a northerly direction, along said easterly line, along said non -tangent curve to the left
having a central angle of 01 degrees 01 minutes 30 seconds, a radius of 270.00 feet, and an arc length
of 4.83 feet (chord bears North 12 degrees 21 minutes 43 seconds West, 4.83 feet) to a 1/2" with a
yellow plastic cap stamped "WESTWOOD PS" set at the northeast corner of said State of Texas tract;
THENCE South 89 degrees 18 minutes 00 seconds West, departing the said easterly line of the State
of Texas tract, along a north line of said State of Texas tract, a distance of 59.05 feet to a 1/2" with a
yellow plastic cap stamped "WESTWOOD PS" set for corner at the beginning of a non -tangent curve
to the left;
THENCE departing the said north line of the State of Texas tract, over and across said Mythri Prosper
Town Home LP tract, and said 190.211 acre tract, the following courses and distances:
Along said non -tangent curve to the left having a central angle of 39 degrees 35 minutes 08 seconds,
a radius of 270.00 feet, and an arc length of 186.54 feet (chord bears North 20 degrees 29 minutes 55
seconds West, 182.85 feet) to a 1/2" with a yellow plastic cap stamped "WESTWOOD PS" set at the
end of said curve;
North 40 degrees 17 minutes 29 seconds West, a distance of 99.98 feet to a 1/2" with a yellow plastic
cap stamped "WESTWOOD PS" set at the beginning of a tangent curve to the right;
Along said tangent curve to the right having a central angle of 55 degrees 39 minutes 52 seconds, a
radius of 330.00 feet, and an arc length of 320.60 feet (chord bears North 12 degrees 27 minutes 33
seconds West, 308.14 feet) to a 1/2" with a yellow plastic cap stamped "WESTWOOD PS" set at the
end of said curve;
North 15 degrees 55 minutes 54 seconds East, a distance of 136.52 feet to a 1/2" with a yellow plastic
cap stamped "WESTWOOD PS" set at the beginning of a tangent curve to the right;
Along said tangent curve to the right having a central angle of 28 degrees 15 minutes 31 seconds, a
radius of 480.00 feet, and an arc length of 236.74 feet (chord bears North 30 degrees 03 minutes 39
seconds East, 234.35 feet) to a 1/2" with a yellow plastic cap stamped "WESTWOOD PS" set at the end
of said curve;
South 45 degrees 48 minutes 35 seconds East, a distance of 60.00 feet to a 1/2" with a yellow plastic
cap stamped "WESTWOOD PS" set for corner in the common line between said Mythri Prosper Town
Home LP, and said 190.211 acre tract;
THENCE South 89 degrees 35 minutes 27 seconds East, along the common line between said Prosper
380 Tollway LP tract, said Prosper Hollow LP tract, and said Highland Homes Dallas, LP tract, a distance
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of 1,498.64 feet to a 1/2" with a yellow plastic cap stamped "WESTWOOD PS" set for corner in the
said west line of Lot 1, Block A, at a southeast corner of said 190.211 tract, and being at the northeast
corner of said Mythri Prosper Town Home LP tract;
THENCE South 00 degrees 40 minutes 54 seconds East, departing the said common line between the
Mythri Prosper Town Home LP tract, and said 190.211 acre tract, along the common line between said
Mythri Prosper Town Home LP tract and said Lot 1, Block A, a distance of 537.96 feet to the POINT -
OF -BEGINNING, containing 931,909 square feet or 21.394 acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinate System, Texas
North Central Zone 4202, North American Datum of 1983. Adjustment Realization (CORS 96).
Date: Jan ry 15, 2026
E QF T
JASON B. ARMSTRONG
Jason B. rmstr `-.........5557..._.....:
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Registe• Pro 55io al Lan eyor Ty�°��cssi9"VS.
Texas egistration No. 57 SURD
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