05-35 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.05-35
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A
TRACT OF LAND CONSISTING OF 271.64 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-15 (SF-15) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY-10/12.5 (PD-SF-10112.5); 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 Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Campbell Holdings, Ltd.
("Applicant")to rezone 271.64 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; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in the request
are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law,
and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of
such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and
beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
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: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as
follows: The zoning designation of the below-described property containing 271.64 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,
(the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Planned Development-Single Family-10/12.5 (PD-SF-10/12.5). The property as a whole and the boundaries for each
zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for all
purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development District shall
conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned
development standards, attached hereto as Exhibit "C"; 3) the conceptual development plan, attached hereto as
Exhibit"D"; and 4) the Development Schedule, attached hereto as Exhibit "E"; which are incorporated herein for all
purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this
Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper,
as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed
and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be
changed in any matter.
b. One (1) copy shall be filed with the building inspector and shall be maintained up-to-date by posting
thereon all changes and subsequent amendments for observation, issuing building permits, certificates
of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information
purposes may from time-to-time be made of the official zoning district map.
Written notice of any amendment to this 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 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 No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing
day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and
remedies available to it pursuant to local,state and federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that 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: Savinqs/Repealinq Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force
and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being
commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 14th DAY OF JUNE, 2005.
APPROVED AS TO FORM:
Charles Nis ger, Mayor
ATTESTED TO AND
CORR CTLY RECORDED BY:
//
Shanae Jenning own Secretary
DATE OF PUBLICATION: Or v‘o or , Dallas Morning News—Collin County Addition
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, Collin County, Texas and being all of those tracts of land
described in Deeds to Donald E. Godwin, recorded in Volume 3212, Page 958 and
Volume 4790, Page 1637, Deed Records, Collin County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the approximate center of County Road
No. 4 at the Northwest corner of said Godwin tract recorded in Volume 4790, Page
1637;
THENCE North 89 degrees 53 minutes 29 seconds East, along said approximate
centerline, a distance of 1,454.92 feet to a 1/2 inch iron rod found at the Northeast
corner of said Godwin tract recorded in Volume 4790, Page 1637;
THENCE South 00 degrees 00 minutes 49 seconds East, a distance of 2,594.01 feet to
a 5/8 inch iron rod found at the Southeast corner of said Godwin tract recorded in
Volume 4790, Page 1637;
THENCE North 89 degrees 58 minutes 51 seconds East, a distance of 821.39 feet to a
point at the Northeast corner of said Godwin tract recorded in Volume 3212, Page 958;
THENCE South 00 degrees 48 minutes 46 seconds West, a distance of 2,642.24 feet to
a point in the approximate center of Fishtrap Road at the Southeast corner of said
Godwin tract recorded in Volume 3212, Page 958;
THENCE South 89 degrees 50 minutes 01 seconds West,along said approximate
centerline of Fishtrap Road, a distance of 1,278.24 feet to a point for corner;
THENCE North, leaving said approximate centerline, a distance of 760.03 feet to a
point at the Northeast corner of a tract of land described in Deed to Nickey L.James,
recorded in Volume 1891, Page 638, Deed Records, Collin County, Texas;
THENCE South 89 degrees 52 minutes 12 seconds West, a distance of 497.39 feet to a
point at the Northwest corner of said James tract;
THENCE South 00 degrees 00 minutes 16 seconds East, a distance of 743.21 feet to a
point for corner;
THENCE South 89 degrees 44 minutes 50 seconds West, a distance of 292.35 feet to a
wood post found for corner;
This description is not based upon an actual on the ground survey,it is for zoning purposes and derived from the deed information listed herein.
THENCE North 89 degrees 34 minutes 26 seconds West, a distance of 196.43 feet to a
point for corner;
THENCE South 89 degrees 57 minutes 26 seconds West, a distance of 470.08 feet to a
point for corner;
THENCE North 89 degrees 37 minutes 29 seconds West, a distance of 437.63 feet to a
point for corner in the approximate centerline of County Line Road;
THENCE North 00 degrees 01 minutes 16 seconds West, along said approximate
centerline of said County Line Road, a distance of 2,635.79 feet to a point for corner;
THENCE South 89 degrees 25 minutes 30 seconds East, a distance of 921.23 feet to a
wood post found for corner;
THENCE North 00 degrees 16 minutes 26 seconds East, a distance of 2,591.77 feet to
the POINT OF BEGINNING and containing 271.64 acres.
•
This description is not based upon an actual on the ground survey,it is for zoning purposes and derived from the deed information listed herein.
U inµ LEGAL DESCRIPTION
'artril' _ __ BEING a tract of land located in the COL1AN COUNT'SCHOOL LAND SURVEY.
uucr. moth risui Nova*c ___ __ trpa®^wta ABSTRACT NO.147.ColllCounty.Texas and being all of those tuts of land deeerbedn
_ DM Sr-t usE si-t xu�g_rrs aei. Deds toOmaW E(Ado,,,ravrded in Volume 3212.Pge 958 ad V'okune 4790.Page 1637.
Ug A� pAa �USCS,1 Deed Records.Collin County.Texas and being more particularly described as follows.
2attD:Se-I gipe (IENrtA E OF 1ma0)
82 _, BEGINNING at a l 2 inch iron rod f .v lid in the approximate of County Road No.4 a
OF PRODDER IIMIL
__ -- the Northwest corner of said Godwin tract recorded in Volume 4790.Page 1637'.
COUNTY UKROACA � -
2. -f- (atiw toucan.4) THENCE Nails 89 degrees 53 minutes 29...Ids FUl along said approximatecmtdine.a
distance of 145492 fed to a 12 inch than rod found at the Northeast coiner of said Godwin
tract recorded in Volume 4790.Page 1637;
THENCE South 00 degrees 00 minutes 49 seconds Fr.a distance of 2.59401f to a 5 8
inch von lid fotad at the Swhcaa caner of said Godwin Dad recorded in Volume 4790.Page
1637:
THENCE Nand 89 degree 58 minute 51 seconds Feet.a distance of821.39 feet to a point•
the Northeast comer of said Godwin list recorded in Volume 3212 Age 958:
THENCE South W degr.<s 48 minutes 46 seconds West.adidalce of 2.642.24f to a point
in the gproxinute emler of Eishlrap Cod at the Southeast caner of said Godwin Dad
recorded in Volume 3212.Page 958:
THENCE South 89 degreos 50 minutes 01 seconds West.along said approximate centerline of
Fishlap Rod.a distance of 1.278.24 fen to spotlit for sumon
THENCE North,Nosing said approximate canter int.a distance of 760.03 fast to a point at the
Northeast carer of trap of land dn.ribd in Deed to Ni.ies Llama.recorded in Volume
1891.Page 038.Deed Rands.Collin County.Texas:
THENCE South 89 degrees 52 minutes 12 seconds W.L a distance of49739 feet to a point at
T the North Sot comer of said lams was:
era_ orff. THENCE,,p- South CO degrees 00 mints.16 seconds Ft a distance of743.21f toapoint for
a�¢2 N 9 h THENCE South 89 degrees 44 minutes 50 seconds Wet.adisace of 292.35f to a wood
a 111�
poor found for comer.
THENCE North 09 degree 34 mums.26 second Wst a distance of 196.43 feet to a point
for caner.
THENCE South 89 degrees 57 minutes 26 seconds West.a distance of470.08f to a point
for canes.
9.
THENCE Nash 89 degrees
37 minutes 29 sends West.adidnee of 437.63 fat to*point
m in th for corner e approxirwe centd o'.ne of County Line Rd
THENCE Nas co Wert.
h 00 degrees 01 minutes 16 sends .alo and approximate centerline of
said Couty Line Road a distance of 2.635.79 feel to a pone for eons,.
THENCE South 89 degrees 23 mint..30 seconds FL a distance of 921.23 feet to a wood
p a post found for comer.
�I Jeri THENCE North CO degrees 16 minor.26 seconds Eat a distance of2.591.77f to the
9' POINT OF BEGINNING and canaining 27164 acres.
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. PROPOSED:PD-SF-2
GROSS AC.I 271.641
NET a R i 266.ee
NET OF R !F.V.: 227.64
= POTENTIAL OSS Q6f9TT:2 UPA
POTENTIAL ET DENSITY: 2.26 UPA
_ PROPOSED STY CAP:535 LOTS
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OWNER/APPLICANT: ZONING CASE -Z05-4
LEGEND CAMPBELL HOLDINGS LTD. EXHIBIT-
IlliWi WOLLMANN. PRESIDENT
0 a momTIBOM ROO GEORGE 2050 N.PIANO RD. SUITE 100 271.64 ACRE PD ZONING
• mom nuaPil RICHARDSON, TEXAS 75082 SINGLE FAMILY RESIDENTIAL
!4 0 mooREPRESENTATIVE: COLLIN COUNTY SCHOOL LAND,ABS. 147
AP Aterreraw DOWDEY ANDERSON&ASSOC. TOWN OF PROSPER, TEXAS
0111,111 GRAPHIC SCALE MARDY BROWN —
■ `
5225 VILLAGE CREEK DR. STE.200 y DOWNY.ANDBRSON Er
ASSOCIATE,.
INC.
PLANO, TEXAS 75093 i ` .A
m.xd,sTdso A., .A KKK... t •e2• CAD, see 469-576-1272 IKSMI OFMNIM CNECBED JOB MEET
�..,m...w� ANT TxmowEAPES 972-931-9538(FAX) t4• N.• N4a 4/2s/Ds 1.-ono 05-027
t
EXHIBIT B
Legacy Lakes
Statement of Intent and Purpose
This document is meant to accompany the Legacy Lakes conceptual plan
submitted to the Town of Prosper on 4/28/2005.
The Town is concurrently annexing this tract and zoning it for single family
residential with a minimum 10,000 s.f. lots. It is our desire to rezone the
property to the Planned Development designation. The conceptual plan
depicts the general layout but is to be used only as a guide.
The tract provides for a wide variety of single family lot sizes as well as a
linear park, amenity center, tree preservation area and many walking trails.
The plan takes into consideration the town's Comprehensive Plan by
designating this tract for low-density residential.
There has been an extensive area set aside for tree preservation, parks and
landscaping to enhance the existing and proposed roadways.
We visualize an enhanced single family community that provides an
environmentally sensitive solution for the community.
Exhibit "C"
Ze94CV AdaZed
Planned Development District
Development Standards
Engineer:
Dowdey, Anderson and Associates, Inc.
Planning and Engineering
5225 Village Creek Drive
Suite 200
Plano, Texas 75093
(972)931-0694
(972)931-9538 Fax
Owner/Applicant:
Campbell Holdings LTD.
2050 N Plano Road
Suite 100
Plano, Texas 75082
(972) 690-0028
(972) 690-0479 Fax
March 2005
1
4e9ac, 4a4e4
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District - Single-Family Residence
1.01 General Description: This District will provide the ability to encourage and
accommodate the development of single-family residential uses on a tract of land
that has unusual physical properties. Development standards for the
aforementioned housing types are outlined within this text. This property may
develop under the standards for SF-10 and SF-12.5 as contained in Zoning
Ordinance no 05-20, as it exists or may be amended, subject to the specific
provisions contained herein below.
1.02 Permitted Uses: Land uses permitted within the PD are as follows:
a. Residential units as described herein.
b. Private or public recreation facilities.
c. Churches/rectories.
d. Schools -public,private, or state accredited.
e. Parks, playgrounds and neighborhood recreation facilities including, but
not limited to, swimming pools, clubhouse facilities and tennis courts.
f. Fire stations,police stations, and public safety facilities.
g. Real estate sales offices during the development and marketing of the
Planned Development.
h. Public streets and private streets. (Subject to Town standards)
i. Gatehouse.
j. Accessory buildings and uses customarily incidental to the permitted uses.
k. Temporary buildings and uses incidental to construction work on the
premises,which shall be removed upon completion.
1. Municipal service centers.
1.03 Building Materials: A minimum of seventy-five (75)percent of the total exterior
wall surfaces of all main buildings shall have an exterior finish of glass, stone,
stucco, tile, or brick, or any combination thereof. The use of wood and
cementitious fiberboard as a primary, exterior building material shall be limited to
a maximum of twenty-five (25)percent of the total wall surfaces.
1.04 Single-Family: A single-family unit is a form of detached housing. This
residential type will consist of larger units and lots, having access and frontage on
2
a public street and be limited to 535 units per this ordinance. Building and area
requirements are as follows:
a. Lot Area: 45% of the lots may be a minimum of ten thousand (10,000)
square feet. These lots shall be developed to SF-10 standards as contained
in Zoning Ordinance 05-20 as it exists or may be amended. 35% of the
lots shall be a minimum of twelve thousand five hundred (12,500) square
feet. These lots shall be developed to SF-12.5 standards as contained in
Zoning Ordinance 05-20 as it exists or may be amended. 20% shall be a
minimum of fifteen thousand (15,000) square feet. With the exception of
the minimum lot area being 15,000 square feet, these lots shall be
developed to SF-12.5 standards as contained in Zoning Ordinance 05-20
as it exists or may be amended.
b. Minimum Dwelling Area: The minimum enclosed heated living area .
shall be Two Thousand (2,000) square feet for a designated 10,000 square
foot lot and two thousand two hundred (2,200) square feet for a designated
12,500 square foot lot or above.
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. 05-20, as it presently exists or may be amended.
2.02 Amenity Center: The Developer for the Planned Development District shall
provide for an amenity center which may include, but not be limited to a
swimming pool, restrooms and dressing rooms, and landscaping to be owned,
operated, and maintained by a property owner's association. The amenity center
will be provided by the final construction of Phase Two.
2.03 Zoning Exhibit: A Zoning Exhibit is hereby attached and made a part of the
ordinance. It establishes the most general guidelines for the district by identifying
the land use types, approximate thoroughfare locations and project boundaries and
illustrates the integration of these elements into a master plan for the whole
district.
2.04 Streets:
a. Residential streets shall consist of a fifty (50) foot right-of-way with a thirty-
one (31) foot paving section(b-b).
b. Cul-de-sacs may be six hundred feet long measured at the edge of right of way
to the beginning of the cul-de-sac bulb right of way.
3
2.05 Maintenance of Facilities: The Owner(s) shall establish, with each preliminary
plat submittal, a property owner's association, membership association or other
designation that will be responsible for the improvement and maintenance of all
common areas and/or common facilities contained within the area of the Planned
Development District.
2.06 Sidewalks: A four (4) foot sidewalk within the street right-of-way shall be
provided at the front of all single-family residential lots. Corner lots shall also
provide the aforementioned requirement along both streets.
2.07 Landscaping:
a. A minimum of three (3) 2 —1/2" trees shall be planted in each front yard in
the single family lot developed being a minimum total of 1,605 trees planted
by the builders in addition to those installed as a part of the amenities by the
developer. The designated Amenity shall have twenty (20) 2 —1/2" trees per
net acre not including water features.
b. Additional side yard landscaping will be required on all lots adjacent and
siding to the spine road within the development. This shall be one (1) extra
tree 2—1/2" or three (3)ten gallon.shrub plantings.
c. Consistent stained fencing will be built on all lots siding to the 4 entry spine
roads within the development to their terminus. A six foot board on board
capped fence, constructed with steel posts which will be located internal to the
lots, shall be required to be constructed by the individual builder.
d. Landscape buffers will be constructed on Legacy Drive and Prosper Trail.
They will be 40 feet in width and will be irrigated and maintained by the
H.O.A. They will have 2 —1/2" trees planted 30' O.C. and will have a
meandering 6' concrete sidewalk. There will be a four foot berm where
feasible which will be planted with ten gallon shrubbery six (6)feet O.C.
2.08 Tree Preservation: The 6.6 Acre Detention/Tree Preservation Open Space
identified on Exhibit D near the top left portion of the exhibit has been located so
as to maximize the amount of trees that are preserved on the site. Clearing of the
underbrush in this area is permitted. However, all trees in this area over six (6)
caliper inches in size shall be preserved. Any tree over six (6) caliper inches that
dies as a result of the development of this tract shall be replaced on an inch-for-
inch basis.
4
zCNEb REvoENnQ
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a r.�w.'»n USE:SF-1 USE:Y-1 UY:S-I
� 11 (COMA.a ROAo1 SUMMARY TABLE:
zaNE. I DEu'R DEOICAnON PROPOSED: PD RESIDENTIAL
BI0'S TO NTERYCTION __ NBR'S3'A'E.. 1. x' .. 7
CO RRORSEE ROAD
- GROSS ACREAGE: 271.64
COUNTY uNE Ro•D Da M Es BUrRR ^
LANDSCAPE BUFFER: 3.4
OETEPOION/ • • L. - one nN/ TREE PRESERVATION AREA: 6.6
TREE vRE 4400M1Y CENTER
0.5 ` - FLOOD PLAIN: 34.3
• • • • • • • • • -O.S/AMENITY CENTER: 4.2
• • OPEN SPACE/DETENTION: 12.1
•. • i ■ • • • • OO 4 NET RESIDENTIAL: 210.54
^ • • • • • • �, O MINIMUM 15,000 S.F. LOT
.' . • - L.:ja. M•
itr•r,•••
•TDE-E _ C1187Ha/a inaEiNnk immmim4•i.•-o,1,1.,
OMINIMUM 15,000 S.F. LOT
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- TYPICAL THOROUGHFARE
LANDSCAPE BUFFER
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EXISITNG: AGRICULTURE
PROPOSED: PO RESIDENTIAL OWNER/APPLICANT: ZONING CASE- 208-4
GROSS AC. 271.641 CAMPBELL HOLDINGS LTD.
NET OF R/W 266.88 GEORGE WOLLMANN. PRESIDENT EXHIBIT-D
NET OF R/W&F.P.: 227.84 2050 N. PLANO RD. SUITE 100 27t84 ACRE PD ZONING
POTENTIAL NET DENSITY: 2.35PUPA RICHARDSON, TEXAS 75082 SINGLE FAMILY RESIDENTIAL
�� REPRESENTATIVE: COLLIN COUNTY SCHOOL LAND , ABS. 147
d1' PROPOSED DENSITY CAP: 535 LOTS DOWDEY ANDERSON & ASSOC. TOWN OF PROSPER. TEXAS
•] GRAPHS SCALE MARDY BROWN
00 5225 VILLAGE CREEK DR. STE.200 �r DOWDEY,ANDERSON 6 E5,A550C]A7 INC.
■ THE THOROUGHFARES SHOWN ON THIS EXHIBIT PLANO, TEXAS 75093 ,.\ 512SNI• SAAYA ITer14113 MIA*
- ARE FOR ILLUSTRATIVE ONLY AND DO NOT SET 1 I'.-Ew A 469-576-1272 DESIGN DRAWN CHECKED DATE SCME JOB SHEET
-�>•�� THE ALIGNMENTS. 972-931-9538(FAX) N.e NA Ns 4/26/05 '.00o 05-000
EXHIBIT E
Legacy Lakes
Development Schedule
This document is meant to accompany the Legacy Lakes conceptual plan
submitted to the Town of Prosper on 4/28/2005.
It is our belief that the project could commence immediately and be
complete within 8 years.