02-48 - OTOWN OF PROSPER ORDINANCE NO.02-48
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE
NO. 84-16; REZONING A TRACT OF LAND CONSISTING OF 187.03
ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS HERETOFORE ZONED SINGLE-FAMILY
RESIDENCE DISTRICT-1 (SF-1) UPON ITS ANNEXATION REZONED
PLANNED DEVELOPMENT; 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 of Prosper, Texas ("Prosper") has received a request from
John Christie and Jen Han to rezone 187.03 acres of land, more or less, situated in the
Collin County School Land Survey, Abstract No. 147, in the town of Prosper, Collin
County, Texas ("Prosper"); and
WHEREAS, the Town Council of Prosper (the "Town Council") has investigated
into and determined that the facts contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner
and form set forth by law, and public hearings have been held on the proposed rezoning
and all other requirements of notice and completion of such zoning procedures have been
fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it
will be advantageous and beneficial to Prosper and its inhabitants to rezone this property
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: The zoning designation of the below -described property containing
187.03 acres, more or less, situated in the Collin County School Land Survey, Abstract
No. 147 in the Town of Prosper, Collin County, Texas, (the "Property") and all streets,
roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development District. The Proper is described by metes and bounds in Exhibit "A" and
the development standards are attached as Exhibit `B".
Written notice of any amendment to this Planned Development District shall be
sent to all property owners within two hundred feet (200') of the specific area to be
amended.
SECTION 3: 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: 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: Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as amended,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation
under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation.
Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain
in full force and effect. Prosper hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases be declared unconstitutional
or invalid.
SECTION 7: All ordinances in conflict herewith are repealed to the extent they
are in conflict. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 8: 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 this 1 P day of January,
Dunmire,
ATTESTED TO AND
CORRECTLY RDED BY:
Amber Phillips, Town Secrelky
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COWN COUNTY SCHOOL LAND SURVEY NO. 12
ABSTRACT No. 147
PROSPER, COLUN COUNTY, TEXAS
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EXHIBIT A: for Z#
BOUNDARY DESCRIPTION FOR ANNEXATION AND ZONING
BEING a tract of land located in the Collin County School Land Survey No. 12, Abstract No.
147, Collin County, Texas and being all of a called 3.775 acre tract described as "Tract II" in
Deed to Massad and Massad Investments, Ltd., recorded in Volume 4579, Page 2768, Deed
Records, Collin County, Texas and being more particularly described as follows:
BEGINNING at a point on the occupied West line of Business Highway No. 289 for the
Southeast comer of the premises herein described, said comer being the Northeast corner of a
one acre tract described in a deed to Kent W. Elliott recorded in Volume 4034, Page 102 of the
Land Records of Collin County;
THENCE along the recognized South line of Lot 4 of the subdivision of the Collin County
School Land Survey No. 12, Abstract No. 147, South 89 degrees 51 minutes 27 seconds West
264.70 feet to a point found on the East right-of-way line of the Burlington Northern and Santa
Fe Railroad at the Northwest corner of said Elliott tract for the Southwest corner hereof;
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THENCE North 89 degrees 58 minutes 22 seconds West, RO.68 feet to a point in the West
right-of-way line of said Railroad;
THENCE North 89 degrees 38 minutes 27 seconds West 2233.00 feet to a point for the
Southwest comer Lot 4 of the subdivision of Collin County School Land Survey No. 12,
Abstract No. 147, said corner also being the Northwest comer of a record 64.62 acre tract
described in a deed to Thomas D. Bull, et ux, recorded in Volume 726, Page 106 of the Deed
Records of Collin County;
THENCE, South 00 degrees 16 minutes 17 seconds West 1326.60 feet to a point found in the
corporate city limits line of the Town of Prosper, said point being in County Road No. 4, said
point being the Southwest comer of a record 64.62 acre tract described in a deed to Thomas D.
Bull, et ux, recorded in Volume 726, Page 106 of the Collin County Deed Records;
THENCE along said County Road No. 4 and partially along said corporate city limits line, North
89 degrees 32 minutes 58 seconds West, a distance of 1352.09 feet to a point found in County
Road No. 4 for the Southwest corner of the premises herein described, said corner being the
Southeast corner of a tract conveyed to Prosper Toll Road, Ltd., as evidenced by deed recorded
under Collin County Clerk's File No. 97- 0088560;
THENCE, North 01 degrees 00 minute 37 seconds East passing the Southeast corner or a record
29.27 acre tract described in a deed to Prosper —Toll Road Joint Venture, Ltd., recorded under
Collin County Clerk's File No. 96-0090274, and in all a total distance of 2647.82 feet to a point
found on the South line of a record 80 acre tract (described in a deed to Ruth Settle recorded in
Volume 3655, Page 178, of the Land Records of Collin County) for the Northwest corner hereof
and the Northeast corner of said called 29.27 acre tract;
THENCE, North 89 degrees 55 minutes 45 seconds East, 1317.96 feet to a point found on the
West line of Lot 4 of the subdivision of said Collin County School Land Survey No. 12, Abstract
No. 147;
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THENCE along the West line of said Lot 4, North 00 degrees 17 minutes 36 seconds East 495.70
feet to a point found for the Northwest comer of a 106.80 acre tract designated Share "C" and
described in Case No. 16764 recorded in Book 1, Page 503 of the District Court Minutes;
THENCE along the North line of said Share "C", South 89 degrees 39 minutes 19 seconds East
2622.25 feet to a point on the West of said Railroad;
THENCE South 12 degrees 17 minutes 32 seconds West along the West right-of-way line of said
Railroad, a distance of 579.94 feet to a point;
THENCE South 77 degrees 42 minutes 28 seconds East, a distance of 100.33 feet to a point on
the occupied West line of Business No. 289;
THENCE South 00 degrees 14 minutes 40 seconds West along the occupied West line of said
Highway a distance of 1238.40 feet to the Place of BEGINNING and containing 187.033 acres
of land. SAVE AND EXCEPT a 2.95 acre tract of land contained within the Burlington Northern
and Santa Fe Railroad right-of-way and being more particularly described as follows:
BEGINNING at a point on the East right-of-way line of the Burlington Northern and Santa Fe
Railroad at the Northwest corner of a one acre tract described in a deed to Kent W. Elliott
recorded in Volume 4034, Page 102 of the Land Records of Collin County;
THENCE North 89 degrees 58 minutes 22 seconds West, 120.68 feet to a point in the West
right-of-way line of said Railroad;
THENCE along the West right-of-way of said Railroad, North 12 degrees 17 minutes 32 seconds
East 1289.93 feet to a point;
THENCE South 77 degrees 42 minutes 28 seconds East, a distance of 100.33 feet to a point on
the occupied West line of Business No. 289;
THENCE along the East right-of-way of said Railroad, South 12 degrees 17 minutes 32 seconds
West 1268.12 feet to the point of beginning and containing 2.95 acres of land.
This description is not based upon an actual on the ground survey by the undersigned, it is for
annexation and zoning purposes only and derived from the existing boundary survey performed
by James E. Smith, RP.L.S. No. 3700, Dated July 16, 2001 and revised July 27, 2001.
ohn S. Turner
registered Professional Land Surveyor
To. 5310
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TOWN OF PROSPER, TEXAS
Exhibit "B"
Lakes of Prosper
Planned Development District
Development Standards
EXHIBIT `B"
Lakes of Prosper
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District - Single -Family Residence
1.01 General Description: This Planned Development Ordinance permits a maximum
of five hundred thirty (530) single-family residential units on this tract of land.
The development standards for the aforementioned housing types are outlined
within this text or as set forth in the SF-2 Zoning Classification of Ordinance 84-
16 as it exists or may be amended, if not specifically addressed herein.
1.02 Permitted Uses: Land uses permitted within the PD are as follows:
1.02.1
Single Family Residential
1.02.2
Schools — public
1.02.3
Public or Private Parks, playgrounds and neighborhood recreation
facilities including, but not limited to, swimming pools, clubhouse
facilities, gate house, water features and tennis courts, all to be
shown on the Site Plan and plat(s).
1.02.4
Temporary Real estate sales office for each builder is allowed
during the development and marketing of that builder's lots, which
office shall be removed no later than thirty (30) days following the
issuance of a Certificate of Occupancy (CO) on the last lot owned
by the builder.
1.02.5
Accessory buildings not to exceed ten percent (10%) of the lot area
on which it is located and uses customarily incidental to the
permitted uses.
1.02.6
Temporary buildings and uses incidental to construction work on
the premises, which shall be removed upon completion of such
work.
1.02.7
The Amenities Center as set forth in Section 2.02 herein.
1.03 Required Parking: In addition to the required garage parking, parking shall be
provided at the rate of a minimum of two (2) vehicle spaces for each dwelling
unit. The parking of recreational vehicles, sports vehicles, boats and/or trailers on
a lot facing a street is prohibited. For purposes of this Ordinance, recreational
vehicle means any mobile unit (motorized or under tow) designed, converted, or
modified for use as a sleeping, cooking, gathering, or any use other than human
transport and material transport typically associated with a car, sport utility
vehicle, or pick-up truck and sport utility vehicle means a vehicle designed for or
modified for off -road or other recreational use, which is not a standard car, sport
utility vehicle or pick-up.
1.04 Exterior Facade Building Materials:
1.04.1 Surface Area Facade: The surface area of the first floor exterior
wall (exclusive of openings for windows and doors) and all second
story walls in the same vertical plane as the first floor wall shall be
veneered with minimum coverage of a unit masonry material as
follows:
• Front Facade: 100% unit masonry exclusive of wall areas that are
architecturally enclosed. Acceptable architectural enclosures are:
o Roofed Porches
o Roofed Porte-cochere
o Entries that are recessed within the exterior wall a minimum of
2.5 feet.
• Side fagade facing a street: 70% provided that the unit masonry
veneer from the front fagade "wraps" the house corner connecting
front and side fagade a minimum of 6 feet and does not create a
vertical masonry line that intersects with window openings.
Side fagade: 65% provided that the unit masonry veneer from the
front facade "wraps" the house corner connecting front and side
fagade a minimum of 6 feet and does not create a vertical masonry
line that intersects with window openings.
• Rear faVade: O%
Where the second floor is offset from the first floor (the wall plane
of the second floor is not in the same vertical wall plane (typically
because it projects or is set in from that plane), no masonry veneer
is required. In addition, walls or portions of walls that protrude in
front of or are recessed behind the vertical wall plane of the first
floor wall (including dormers) shall not be included in calculations
of wall area to determine the required percentage of masonry.
1.04.2 Unit Masonry Veneer: Unit Masonry Veneer is any brick,
natural stone, or concrete cast stone (or combination of these
materials) laid up by unit and set in mortar. To facilitate
enforcement of this standard, all plan submittals must indicate the
wall areas of those walls subject to the above masonry
requirements.
1.05 Single -Family: Single Family shall mean the use of a lot with one building
designed for and containing not more than one unit with facilities for living,
sleeping, cooking, and eating therein. The maximum number of single-family
units allowed is five hundred thirty (530). This residential type will consist of
larger units and lots, having access and frontage on a public street. Building and
area requirements are as follows:
1.05.1 Lot Area: The minimum area of seventy percent (70%) of the lots
shall be equal to or greater than ten thousand (10,000) square feet
and no more than thirty percent (30%) shall be nine thousand
(9,000) square feet or greater in surface area.
1.05.2 Lot Coverage: In no case shall more than forty percent (40%) of
the total lot area be covered by the combined area of the main
buildings and accessory buildings. Swimming pools, spas, deck,
patios, driveways and walks shall not be included in determining
maximum lot coverage.
1.05.3 Lot Width: The minimum width of any lot shall not be less than
sixty-four (64) feet at the front building line of the lot, except that
lots at the terminus of a cul-de-sac or along street elbows/eyebrows
may have a minimum width of fifty (50) feet measured along the
arc at the front building line; provided all other requirements of
this section are fulfilled. Seventy percent (70%) of the total lots
shall be a minimum width of seventy (70) feet or greater.
1.05.4 Lot Depth: The minimum depth of any lot shall be one hundred
ten (110) feet, except that a lot at the terminus of a cul-de-sac or
along street elbows/eyebrows may have a minimum lot depth,
measured at mid -point on front and rear lot lines, of one hundred
(100) feet; provided all other requirements of this section are
fulfilled.
1.05.5 Front Yard: The minimum depth of the front yard shall be thirty-
five (35) feet. Front porches, roof eaves, porte-cocheres and
chimneys may extend into the front yard space, but in no event
shall the front yard setback depth be less than twenty five (25) feet.
1.05.6 Side Yard: The minimum side yard on each side of a lot shall be
five (5) feet with a minimum building separation of fourteen (14)
feet. The side yard setback for all corner lots shall be a minimum
of fifteen (15) feet; provided, however, key lots shall have a
minimum side yard setback of twenty (20) feet. All lots abutting a
trail as shown in Exhibit "C" shall have a minimum side yard
setback of five (5) feet. Roof eaves, chimneys and other similar
architectural elements may extend into the side yard.
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1.05.7 Rear Yard: The minimum depth of the rear yard shall be twenty
(20) feet for main buildings. Accessory structures shall have a
minimum rear yard setback of two (2) feet.
1.05.8 Building Height: Buildings shall be a maximum of two and one-
half (2 %) stories, not to exceed thirty-six (36) feet in height.
1.05.9 Minimum Dwelling Area: The minimum enclosed heated and
cooled living area shall be one thousand eight hundred (1,800)
square feet for a 10,000 or greater square foot lot and one thousand
six hundred (1,600) square feet for all other.
1.05.10 Mechanical Equipment: All mechanical equipment (pool, air
conditioning, satellite dish antennae, and solar collectors) must be
completely screened from public view. A combination of screens,
hedges, or walls should be used to screen equipment or mechanical
areas.
2.0 Residential Planned Development District - General Conditions
2.01 Conformance to All Applicable Articles of the Town of Prosper Zoning
Ordinance: Except as amended herein, this Planned Development District shall
conform to any and all applicable articles and sections of the Town of Prosper
Zoning Ordinance, No. 84-16, as it presently exists or may be amended.
2.02 Amenities:
2.02.1 Amenity Center and Water Features: The Developer for the
Planned Development District shall provide for an amenity center
which will include, but not be limited to, a swimming pool (sized
to equal six (6) square feet of surface area per single-family lot as
shown on the preliminary plat), restrooms and dressing rooms,
charcoal grilles, children's play areas, a sports court that could be
paved, sand or sodded for basketball, volleyball or other youth and
adult sports, sidewalks, parking spaces for ten (10) vehicles and
landscaping. The amenity center will be owned, operated, and
maintained by a HOA as provided for herein.
With the design of Phase 1 of the development, Developer will
begin the design of the Water Features that includes lakes, bridges,
weirs and other appurtenances required to provide the required
storm water detention and maintain a static pool elevation (the
"Water Features"). The Developer shall design and construct the
Water Features; said construction shall commence within six (6)
months of approval and receipt by the Developer of all permits,
approvals and/or releases for construction from the Town of
Prosper and any branch of the state or federal government, as
maybe required by said governmental entities, for construction of
the Water Features. The amenity center and Water Features shall
be substantially complete within twelve (12) months from the
commencement of construction with allowances for force majeure.
The HOA, as defined below, shall maintain the Water Features.
The Water Features shall meet state specifications and be approved
by Hunter & Associates Texas, Inc. prior to construction.
2.02.2 Pocket Parks: In addition to the amenity center, the Developer
will build two (2) pocket parks that comply with the following
criteria. One (1) of the parks will be located near the center of the
neighborhood ("the First Pocket Park") and the second pocket park
shall be located on the eastern or northeastern portion of the
project (the "Second Pocket Park"). The First Pocket Park shall be
at least one-half (1/2) acre in size and be completed by the build
out of the next to last phase of the development. This pocket park
shall include playground equipment, trees, turf and irrigation at a
minimum. The Second Pocket Park will be at least one quarter
(1/4) acre in size and be completed by the build out of the last
phase of the development. At a minimum, this pocket park shall
include turf and irrigation. Both pocket parks will be owned,
operated and maintained by the HOA as provided for herein.
2.02.3 Trails: The Developer will construct eight (8) foot wide walking
trails as depicted on Exhibit "C"attached hereto and incorporated
herein. Trail A shall run along one side of the Spine Road to
facilitate pedestrian traffic within the neighborhood and between
the Amenities Center and the Pocket Parks. Trail A will be built in
the eleven and one-half (11 %2) foot parkway of the Spine Road and
a ten (10) foot wide open space area adjacent to the parkway of the
Spine Road and to be dedicated at platting by the Developer and
owned and maintained by the HOA as provided herein.
2.02.4 Open Space Requirements: There shall be at least fifteen (15)
acres of open space with credit given for the improvements listed
in Sections 2.02.1 — 2.02.3.
2.03 Screening, Buffering and Right of Way:
2.03.1 County Road 4: At final platting of Phase I, Developer will
dedicate seventy (70) feet of right of way to Prosper adjacent to its
southern property line, which is presumed to be the center line of
County Road 4; the southern forty (40) feet shall be road right of
way and the northern thirty (30) feet will be landscaping and buffer
right of way (`Buffer Area A"). A five (5) foot wall maintenance
easement will be established by final plat of Phase I on the
individual lots along the north boundary line of Buffer Area A.
Within the five foot (5') wall maintenance easement, the
Developer will deed restrict the fencing to the same standards as
those for the Spine Road as delineated in Section 2.10 herein. The
lots along County Road 4 shall be screened from County Road 4
by Buffer Area A, as depicted on Exhibits "F-l" and "F-2" Buffer
Area A shall be a minimum of thirty foot (30') wide in addition to
the right of way parkway of County Road 4. Within Buffer Area
A, as illustrated on Exhibits "F-1" and "F-2", there will be a
combination of earthen berms containing turf grass, shrubs and
trees planted at a rate of one canopy tree per fifty (50) linear feet or
the equivalent number of trees in cluster. Canopy trees shall be a
minimum of two and one-half (2 %z) caliper inches and accent or
ornamentals shall be a minimum of one and one-half (1 %z) total
caliper inches, all as measured at, all as measured at twelve (12)
inches above the root ball. All turf and landscaping areas will be
irrigated. The hardscape features in the entry way shall be similar
to those depicted on Exhibit "F-3". Upon approval of the final plat
for Phase I, Developer will escrow to the Town a sum of money
equal to the cost of a four (4) foot concrete sidewalk, four (4) inch
depth for a future city trail in Buffer Area A. The Developer or the
HOA will be allowed to landscape, irrigate and maintain the Buffer
Area A until the Town expands and improves County Road 4. At
the time the Town expands and improves County Road 4, the
Town will maintain the buffering or replace it with a buffer that is
similar in effect and appearance. The Town and the HOA will
negotiate the responsibility for maintenance of the buffer after the
improvements by the Town.
2.03.2 Railroad Track: In the fifty (50) foot area along the west side of
the railroad track (`Buffer Area B"), as depicted on Exhibits "F-l"
and "F-2", the Developer will use a combination of earthen berms,
canopy trees and evergreens to reduce the affects of the railroad.
All turf and landscaping areas will be irrigated.
2.04 The Conceptual Development Plan: The current plan for the Lakes of Prosper
is a Conceptual Development Plan, as attached as Exhibit "D".
Prior to submittal of any application for preliminary and/or final plat within
Prosper an applicant must complete the Conceptual Development Plan
approval process. The Conceptual Development Plan application submittal
procedure shall conform to the zoning application and procedures specified in
current Town Codes. The purpose of the Conceptual Development Plan
Process is to establish the general conditions of development that will be
7
required of the Final Site Plan and Project Design. The Conceptual
Development Plan will establish:
a. The site's natural conditions that will affect the development, including
vegetation, topography, waterways, and drainage (surface and subsurface);
b. Building sites, land use and density;
c. Street dedications, treatment of existing streets, other required right of
ways, points of ingress and egress, connections to adjacent property,
median breaks and turn lanes, enhancement of the public right of way;
d. Internal routes of vehicular circulation and parking; and
e. Development phasing (if any).
Anyone applying for a Conceptual Development Plan Approval must provide
the following documents for consideration in that review:
a. Conceptual Development Plan: The Conceptual Plan shall include the
information listed below on one or more 24 in. by 36 in. drawings, drawn
at as large a scale as possible while still allowing the entire development
and portions of the adjacent properties to be illustrated within the 24 in. x
36 in. area. The Conceptual Development Plan shall include existing and
proposed site conditions and shall include:
(i.) Site Boundaries and dimensions, lot lines, site acreage and square
footage, and approximate distance to the nearest cross street.
(ii.) Location Map, north arrow, scale, title block, and site/
development summary table.
(iii.) Topography at one foot contours.
(iv.) Natural features, including tree groupings, flood plains, drainage
ways, and creeks. The Conceptual Plan must indicate the
anticipated tree loss.
(v.) Land use on site and on adjacent properties, including assignment
of use to specific locations within the plan.
(vi.) Maximum allowable building coverage, density, and height.
(vii.) Minimum building setbacks and use.
8
(viii.) Existing and proposed public streets, private drives, (indicate
widths), any other rights of way (including easements), with
approximate dimensions, radii, and surface type.
(ix.) Dedications and reservations of land for public use including but
not limited to required landscape setbacks, right of ways,
easements, park land, open space, drainage ways, flood plains, and
facility sites.
(x.) Monument Sign.
(xi.) Any proposed covenants or site restrictions.
b. Waive Required inclusions in the Conceptual Development Plan drawing:
The applicant may request that the Town Manager waive any of the above
required inclusions in the Conceptual Development Plan that are not
necessary or are not applicable for the review of a specific document.
However, when a waiver is granted it will be documented via a cover
sheet attached to the application and includes a date at which the items
will be provided if these items are deferred.
2.05 Streets: Right-of-way and all necessary easements shall be dedicated and
provided on any and all adjacent street or road section to conform to the approved
Thoroughfare Plan of the Town and identified on the Conceptual Development
Plan (Exhibit "D"). All streets shall be dedicated as public streets. The curb may
be a mountable or lay down design if constructed in compliance with the City of
McKinney, Texas regulations, which are incorporated herein.
2.05.1 Residential Streets shall consist of a fifty (50) foot right-of-way
with a thirty-one (31) foot paving section (B-B). Drainage systems
shall be incorporated into the street facility with concrete paving.
2.05.2 Spine Road, a Collector Class thoroughfare, shall meet the
minimum standards of the Town's Thoroughfare Plan. Collector
streets with lots fronting on the collector street shall have sixty feet
(60') of right-of-way and forty-one feet (4l') (B-B) of concrete
pavement. The collector streets with no lots fronting on them shall
have sixty feet (60') of right-of-way and thirty-seven feet (37') (B-
B) of concrete pavement, all as described on Exhibit "G".
2.06 Maintenance of Facilities: The Developer shall establish a Home Owner's
Association ("HOA") that will be responsible for operation and maintenance of
all common areas and/or common facilities contained within the area of the
Planned Development District. The HOA will be created and each phase shall be
included in the association. The Developer shall construct all specified facilities
and transfer ownership to the HOA upon completion of each facility. The Town
9
Council shall approve the HOA agreement and covenants regarding the
maintenance of the facilities; all of which will be included in the deed restrictions
filed on this property providing that the HOA cannot be dissolved or amend its
maintenance obligations without Town Council approval.
2.07 Sidewalks: Except as amended in this Ordinance, a four (4) foot wide sidewalk
located on each side of the street shall be located two (2) feet from each street
right-of-way line. All single-family residential lots, including corner lots shall
meet this sidewalk requirement. All public streets, sidewalks and crossings shall
comply with the Americans With Disabilities Act. In locations where open space,
common, or HOA areas exist, sidewalks shall be extended to connect with
adjacent walks or trails.
2.08 Mailboxes: The Developer will deed restrict the property to require a standard
mailbox design that will be required and maintained by the property owner or
HOA for a consistent look throughout the development. Each mailbox will be
iron; wrought iron or cast alloy posts or stand and all mailboxes will match in
color and style. Brick mailboxes will not be allowed.
2.09 Landscaping:
2.09.1 Irrigation: The Spine Road parkways, bedding plantings, turf
grass and trail areas will be irrigated. All trails depicted on Exhibit
"C" will be grassed and irrigated. Each trail will be at least eight
(8) foot wide.
2.09.2 Trees:
2.09.2.1 Thoroughfares/Screening: The Spine Road
parkways and open space along Trail A will contain
trees and turf grass. Trees along the Spine Road
Parkways and Trail A will be planted at a rate of
one (1) canopy tree per fifty (50) linear feet of right-
of-way or the equivalent number of trees in clusters.
Clusters will have a maximum separation of one
hundred (100) feet. Canopy trees will be a
minimum of two and one-half (2 %Z) inch caliper
and ornamental trees will be a minimum of one and
one-half (1 %) inch caliper, all as measured at
twelve (12) inches above the root ball.
2.09.2.2 Side Yard. A minimum of one (1) two and one-
half (2 1/2) inch caliper canopy trees, measured at
twelve (12) inches above the root ball shall be
planted in each side yard between the building line
and the street right of way line and shall be planted
10
generally parallel to the street, preferably at the
edge of the street right of way. The list of approved
trees is included as Exhibit " E".
2.09.2.3 Trees on Single Family Lots. A minimum of two
(2) — two and one half (2 %2) inch canopy or six (6)
one and one-half (1 %2) inch accent or ornamental
trees shall be planted in each front yard and one (1)
— two and one-half (2 %z) inch canopy or one and
one-half (1 %) inch accent or ornamental tree in
each rear yard in the single-family development
being a minimum total of fifteen hundred (1,500)
trees planted by the builders in addition to those
installed as a part of the amenities by the Developer.
The list of approved trees is included as Exhibit
«E„
2.09.2.4 Substitution of Trees. For purposes of
determining the number of trees to be planted, three
(3) ornamental trees are equal to one (1) canopy
tree.
2.10 Fencing: Consistent fencing will be required on all lots adjacent and siding to the
Spine Road parkways within the development. The fencing will be a combination
of masonry columns at the rear lot corners and the front building line of the
adjacent lots, board on board wood fencing along the rear yards and wrought iron
fencing adjacent to the front yards and across the open ends of cul-de-sacs. The
improvements along Trail A and the fencing will be constructed by the Developer
and will be owned and maintained by the HOA as provided herein. Trail A will
not be closer than three (3) feet to the fencing described above.
11
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NOTE: ALL TRAILS TO BE 8' IN WIDTH
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EXHIBIT "C"
TRAIL "A" - ALONG SPINE ROAD FROM
CR-4 TO END OF COLLECTOR
TRAIL "B" - NORTH TO SOUTH
ON GAS LINE
TRAIL "C" - EAST TO WEST
ON GAS LINE
TRAIL "D" - CONNECT NORTH ENDS
OF TRAILS "C" & "D"
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WUNTY ROAD NO.
VICINITY MAP
Kor ro scALE
C
� I
TyP Ty/.
I,000 S.F COT /q{�lGb !.f GOT
UtVCLVPINCPII DATA:
UW LIGHTT INDUSTRIAL
SINGLE FAMILY
TOTALLOTS: 530
10.000 SO. FT. = 70%
9.000 SO. FT. 30%
ROADS
80' R.O.W. WI41' - 3T Be PAVING
50' R.O.W. Wr3l' 819 PAVING
OPEN SPACE : 15- ACRES
COUNTY ROAD! R.O.W.: 1.6- ACRES
GROSS AREA : 183.3 ACRES
GROSS DENSITY : 2.9 U.PA.
EXHIBIT I`D"
LAKES OF PROSPER
TOWN OF PROSPER
COLLIN CO. SCHOOL LAND SURVEY, ABST. NO. 147
COLLIN COUNTY TEAS
OCTOBER . 2002 SCALE1' . 200'
ENGINEER
DOWDEY, ANDERSON 8 ASSOCIATES. INC.
9229.—GE CREEK d SURE 200
9729J1♦ . RNIO. 7c7AS 7—
_TACT 91LLANNERSGN
OWNER
PROSPER WEST PARTNERSHIP
JOHN CHRISTIE. go—ioI N i,—
JEN HAN. gsMnl NAr1n9r
SlIS_WIER OALLAS. TEAS 71111
RH 9723 '=
DEVELOPER
GOODMAN LAND At VISORS, LTD.
S7N0 WEST PLA IPARKWAY
S E 2000 RLANO. TEKA9 75
RH 9T2./ISd.MO A0/]0]
CONTACT EOOIE CaLM CQLm9
JAN-13-2003 18:07 FROM:
TO:2145444040 P.001/001
EXHIBIT "E"
CITY OF PROSPER
LAKES OF PROSPER
APPROVED TREE LIST
Shade or Canopy Tree
Common Name
Botanical Name
qjjdqY;;,77
Acer barbatum 'Caddo'
Blgtooth Maple
Acer grandidentatum
Texas buckeye
Aesculus arguta
Chiktamwood
Bumelia lanuglnosa
Pecan
Carya Illlnocensls
Texas Persimmon
Dlospyrus texana
White Ash
Fraxinus am_ericana
Taxes Ash
Fraxinus texensis
Black Walnut
Juglans nigra
Red Cedar
Jun�erus virglnlana _ — _ _
Sweet Gum
Liquidamber styractflora (ultivers)
Afghan Plne—_
Pinus eldarica
_
Texas Live Oak_
Quercus vlrglnla (cultivars)
Lam Oak
Quercus glauciodes
.Bur Oak
Quercus macrocarpa
Chinquapin Oak
Quercus muehienbergii _ - ---
Shumard Red Oak
Quercus shumardif
Texas Red Oak
Quercus texana
estem Soapberry
— ..
Sapindus saponarls v_"Drummondli"
-
inged Elm
Ulmus alata
Cedar Elm
Ulmus crasslfolia
Bald Cypress
Taxodlum dlstichum
Southern Magnolia
Magnolia grandiflora
Additional Cnopy Trees Recommended for Reforestation
Leyland Cypress
Cupressocyparls leylandii
Austrian Pine
Pinus ni ra
Sawtooth Oak
Quercus accutlsima
Coastal Red Oak
Quercus virgiana (cultivars)
Lacebark Elm_
Ulmus panritloria
Slippery Elm
Ulmus rubra
Bradford Pear _ _
Pyrus calleryana
Accent or Ornamental Trees
Common Name
Botanical Name
Redbud _
Cercis canadesis culkivars
texas Redbud
Cercis canadesls texensis 'Oklahoma'
Possumhaw Holly
llix decidua
Crape Myrtle
Lagerstroemia Indica (cultivars
�
Ts Pistache
axe
Pis. chinensis
Mexican Plum
Prunus mexicana
Additional Accent or Ornamental Trees Recommended for Reforestation
Oklahoma Redbud
Cercis canadesis texensis 'Oklahoma'
Forest Pansy Redbud
Cercis canadesls'Forest Pansy'--
You on How—
Ilexyomitoria cultivar)
Japanese Black Pine
Pinus thunber ii
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BUFFER AREA "A"
EXHIBIT "F-1"
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BUFFER AREA "B"
BUFFER AREA "A"
TYP. BERM —
- TYP. BERM BNSF RAILROAD _
4p,C
BUFFER AREA "B"
. .40 "e a. w. 1 30
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ON 3I 54OPE
(GOCAT/ON VAR/ES)
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SECT/DN C- C
EXHIBIT "F-2"
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019-
67
GOODIMN LAND ADVISORS
R-A�O. TEXAS
PROSPER LAKES
CONCEPTUAL MAN ENTRY
P-105.*ER. TEXAS
EXHIBIT "F-311
p
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6M.W. -v
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141,4 � 11
1
� 11INN
-" LEGEND
- - - - 60' R/W - 41' B/B PAVING
• • • • • • • • • 60' R/W - 37' B/B PAVING
k
NOTE: ALL OTHER STREETS ARE
50' R/W WITH 31' B/B PAVING
EXHIBIT "G"
�ltl�V
ENGMftt/RANNFI
DO�YD[Y.,�,�D[0.1Q iwffOC4iLf, I.Nf.
PUBL = $HER ' S AF F = DAV = T
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes
and says that he is the Publisher of The McKinney Courier -Gazette and that said newspaper meets the requirements of
Section 201.004, 201.005 and 201,006 of the Texas Government Code, to wit:
Q-0
Printer's Fee $ �/ �I
42,,J• No. A5,? — hid Description:
1. It devotes not less than twenty-five percent (25t) of its
total column lineage to general interest items;
2. it is published at least once each week;
3. it is entered as second-class postal matter in the county
where it is published;
4. it has been published regularly and continuously since
1897; and
5. it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s)
to wit;
Jim Moser
Editor and Publisher
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser
!�—a—) is personally known to me, or
2003 AD
b) provided the �fllowing evidence to establish his/her identity,
on this the _day of f A.D. 200 —to certify which witness my d and seal of office.
Notary Publ'c, State of Texas
- (SEAL)
COMMISSION EXPIRES LAVESNEGRAVES
Notary Public, State of "as
My commission Exp
ires
N'�h OF t`�c
Child Care
Child care (2 openings)
for 2 thru 4 yr olds. Pre-K
curric. includes Computer
skills & field trips. Large
shady outdoor play area.
16 yrs. preschool exp.
Near Hwy 75 & Virginia
972-542-3455
Opening, Infant •Toddlers.
Christian Home.. CPR certified.
tun activities. reasonable
rates. references avail. Call
Rosemary for more into. 972-
542-7437
CHARGE IT
Cau 542-263 t
to place your ad
I V tll Wllf N 111Ic1 I Icl Jc wN
Gutters
D cks
TERS
minum
D D T
Fcolors,screens
Custo b str ures
ATES
Decks, it fe s,
635-8308
arbors, & io c ers
214-5
THIS SPACE AVAILABLE
decked-outO mcast.net
CALL 542.2631
House (
HAVE
WILL 4
Let 2 Chris
ladies clean
Cali for
references. D
5965; Evenir
1787
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S11f_11���Clas
Legal Notices
To be published in the
McKinney Courier -Gazette on
Friday. January 17, 2003
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO. 02-48
AN ORDINANCE AMENDING
PROSPER'S ZONING
ORDINANCE NO. 84-16;
REZONING A TRACT OF
LAND CONSISTING OF
187.03 ACRES, MORE OR
LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT
NO 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY,
TEXAS HERETOFORE
ZONED SINGLE-FAMILY
RESIDENCE DISTRICT I (SF-
1) UPON ITS ANNEXATION
REZONED PLANNED
DEVELOPMENT,
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.
Legal Notices
To be published in the
McKinney Courier -Gazette on
Friday. January 17, 2003
LEGAL NOTICE
TOWN OF
PROSPER, TEXAS
ORDINANCE NO.02-47
AN ORDINANCE PROVIDING
FOR THE VOLUNTARY
ANNEXATION OF A TRACT
OF LANC SITUATED IN THE
COLLIN COUNTY SCHOOL
LAND SURVEY, No. 147,
PROSPER, COLLIN COUNTY,
TEXAS, CONTAINING
APPROXIMATELY 187.03
ACRES OF LAND, MORE OR
LESS IN COLLIN COUNTY,
TEXAS, PROVIDING THAT
THE OWNERS AND
INHABITANTS OF THE
ABOVE -DESCRIBED TRACT
OF LAND SHALL BE
ENTITLED TO THE RIGHTS
AND PRIVILEGES OF
OTHER CITIZENS OF
PROSPER ANC BE BOUND
BY THE ACTS AND
ORDINANCES NOW IN
EFFECT AND HEREINAFTER
ADOPTED; PROVIDING FOR
A PENALTY FOR A
VIOLATION OF THIS
,ORDINANCE AND
�► __ — PROSPER'S ZONING
To ' be published In the` ORDINANCE NO. 84-16 AND
McKinney Courier -Gazette on ANY AMENDMENTS
Friday, January. 17 and THERETO, PROVIDING FOR
Sunday, January 19, 2003, REPEALING, SAVINGS AND
SEVERABILITY CLAUSES,
LEGAL NOTICE
NOTICE TO CONTRACTORS
OFPROPOSED
TEXAS HIGHWAY
IMPROVEMENT
CONTRACTS
Sealed proposals for highway
improvement contracts will be
received by the Texas
Department of Transportation
(TxDOT) until the date(s)
shown below, and then
publicly read.
CONSTRUCTION/MAINTENA
NCE CONTRACT(S)
District: Dallas
Contract 6088-83-001 for
VEGETATION MANAGEMENT
in COLLIN County will be
opened on February 11, 2003
at 10.30 am at the District
PROVIDING FOR AN
EFFECTIVE DATE OF THIS
ORDINANCE, AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.
To be published in the
McKinney Courier -Gazette on
Monday, January 6: Tuesday,
January 7; Wednesday,
January 8; Thursday, January
9; Friday, January 10, Sunday,
January 12; Monday, January
13: Tuesday, January 14:
Wednesday. January 15:
Thursday, January 16: Friday.
January 17, Sunday, January
19. Monday. Jan 20, and
Tuesday January 21.2003
Legal Notices
sale. All storage units not sold
on the first day will be sold on
the following day The location
and time will be announced at
the end of the first sale day.
This sale is being held to
satisfy a landlord's lien.
Everything sold is purchased
,as is, where is" for cash.
Shurgard Storage Centers
reserves the right to set a
minimum bid, refuse any bid,
or to cancel any Public Sale
that is advertised.
Announcements made the day
of the sale take precedence
over any printed materials
related to the sale. Contents of
the tenants units listed below,
if not specified, may contain
household furniture,
appliances, electronics,
clothing, bedding, lawn
equipment, automotive
accessories and/or other
miscellaneous items.
Shurgard Storage Center,
3301 West Parker Road,
Piano, Texas 75023.972-985-
9895. Carol Crook. Plano
Academy, Nakesha Brock,
Melvin Grotberg, Melvin
Grotberg, Douglas White,
Pamela Andrews.
Auctioneer
Kenneth Hierholzer 6568
To be published in the
McKinney Courier -Gazette on
Friday. January 17, 2003.
LEGAL NOTICE
CITY OF ANNA
SECOND PUBLIC HEARING
ANNEXATION OF
TERRITORY
The City of Anna will hold a
public hearing on January
28, 2003, at 7:00 P.M. at the
Anna City Hall. 101 N. Powell
Parkway, regarding annexation
of the following tracts:
A 24 692 acre tract in the J.C.
Farris Survey. Abstract No.
331, Collin County, Texas,
owner represented by Tommy
Tompkins, located on the north
side of W. White Street
approximately 2,500 feet west
of Slater Creek.
A 39.9944 acre tract in the
Grandison Stark Survey,
Abstract No. 798. owners
being Clyde R Askew and
Dorothy Askew, located on the
Legal Notices
Development for Heritage
Ranch for Lot 6, Block F of
Heritage Ranch Phase 1 (361
Hitching Post).
All interested citizens of the
Town are invited to attend
these public hearings and
participate in the same.
Carolyn Jones,
Town Secretary
To be published in the
McKinney Courier -Gazette on
Friday, January 17 and Friday,
January 24, 2003.
LEGAL NOTICE
Collin County Community
College District, Courtyard
Center, 4800 Preston. Park
Blvd., Room A400, Plano, TX.
75093 will receive sealed
qualification statements until
3:00 p.m., February 7, 2003
for RFO No. 2222:
CONSTRUCTION
MANAGEMENT SERVICES
FOR SPRING CREEK
CAMPUS. Receipt of
responses will be publicly
acknowledged at the above
time and date. Specifications
may be pickup up at the above
address or call Jan Crowe at
(972) 758-3874. RFQ's are
posted on our Web Page,
http //iws.cccQd.edu/bidline/bi(I
notice.html. Copies of
documents may also be
requested by e-mail.
bidline@ccccd.edu. "CCCC
encourages participation in the
proposal process by small,
minority and female -owned
businesses. "CCCC does not
discriminate on the basis of
race, color, religion, sex,
national origin, age. disability
or veteran status".
To be published in the
McKinney Courier -Gazette an
Friday. January 17 and Friday.
January 24, 2003,
LEGAL NOTICE
Collin County Community
College District, Courtyard
Center, 4800 Preston Park
Blvd., Room A400, Plano, TX.
75093 will receive sealed
qualification statements until
3:00 p.m., January 31, 2003
for RFO No. 2223:
Pers
DO
YO
ADVERTI
STAN C
Your classifie
representativ(
you make s
noticed! it
"Bold Wo
542-2631.
Special
it ad imme
)ears in tl
ort at on
aims for er
st be mac
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Omissic
McKim
zette shall 1
/ damage:
�ht result
fissions in
printed in
ount charg
event of
copy furnis
all exist on
Kinney C
,ent that n