04-110 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-110
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A
TRACT OF LAND CONSISTING OF 39.307 ACRES, MORE OR LESS, SITUATED IN THE
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895, A TRACT OF LAND CONSISTING
OF 25.032 ACRES, MORE OR LESS, SITUATED IN THE WILLIAM H. THOMASON SURVEY,
ABSTRACT NO. 895, AND A TRACT OF LAND CONSISTING OF 24.206 ACRES, MORE OR
LESS, SITUATED IN THE WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-1
(SF-1) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY-1 & 2 (PD-SF-1&2); 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. 84-16 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from WPC —Acquisition, Inc.
("Applicant") to rezone 39.307 acres, more or less, situated in the William H. Thomason Survey, Abstract No. 895,
25.032 acres, more or less, situated in the William H. Thomason Survey, Abstract No. 895, and 24.206 acres, more
or less, situated in the William H. Thomason Survey, Abstract No. 895, 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. 84-16. Zoning Ordinance No. 84-16 is amended as
follows: The zoning designation of the below-described property containing 39.307 acres, more or less, situated in
the William H. Thomason Survey, Abstract No. 895, 25.032 acres, more or less, situated in the William H. Thomason
Survey, Abstract No. 895, and 24.206 acres, more or less, situated in the William H. Thomason Survey,Abstract No.
895, 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-1 &2 (PD-SF-1&2). 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"; each of which is 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. 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: 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. 84-16 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 16th DAY OF NOVEMBER, 2004.
APPROVED AS TO FORM:
Charleswange ayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
4,46/1""
--714,14.72
Shanae Jenning , own Secretary
DATE OF PUBLICATION: 10 9/0411 96 /0-0764/ , Dallas Morning News- Collin County Addition
EXHIBIT A: FOR Z#
TRACT A
BEING all that tract of land in Collin County, Texas, a part of the William H. Thomason
Survey, Abstract No. 895, and being a part of that 80.344 acre tract of land conveyed to
Swisher Partners, L.P. as recorded in Volume 5468, Page 6173, Collin County Deed
Records, and being further described as follows:
BEGINNING at the northwest corner of said 80.344 acre tract of land, said point being in
the center of County Road No. 80, said point being the southwest corner of that 25.029
acre tract of land conveyed to Mary Ann Barlow Vowan described as Tract Three in a
Partition Deed as recorded in Volume 2172, Page 526, Collin County Deed Records;
THENCE South 89 degrees 58 minutes 00 seconds East, 2284.37 feet along the north line
of said 80.344 acre tract of land and along the south line of said Tract Three to the
northwest corner of that 23.74 acre tract of land conveyed to TDI Prosper 24, Ltd. as
recorded in Volume 5543, Page 2597, Collin County Deed Records;
THENCE along the west line of said 23.74 acre tract of land as follows:
South 45 degrees 13 minutes 05 seconds West, 104.91 feet to a point for corner;
South 49 degrees 58 minutes 11 seconds West, 156.27 feet to a point for corner;
South 39 degrees 31 minutes 41 seconds West, 62.10 feet to a point for corner;
North 71 degrees 57 minutes 18 seconds West, 114.79 feet to a point for corner;
South 22 degrees 32 minutes 51 seconds West, 55.79 feet to a point for corner;
South 22 degrees 38 minutes 31 seconds East, 90.43 feet to a point for corner;
South 47 degrees 26 minutes 00 seconds West, 71.88 feet to a point for corner;
South 59 degrees 20 minutes 55 seconds West, 75.45 feet to a point for corner;
south 43 degrees 32 minutes 56 seconds East, 41.05 feet to a point for corner;
South 13 degrees 25 minutes 16 seconds East, 39.45 feet to a poin` for corner;
South 07 degrees 13 minutes 34 seconds West, 107.47 feet to a point for corner;
South 14 degrees 18 minutes 51 seconds East, 77.74 feet to a point for corner;
South 52 degrees 14 minutes 01 seconds East, 95.12 feet to a point for corner;
South 16 degrees 47 minutes 32 seconds East, 42.69 feet to a point for corner;
South 31 degrees 42 minutes 33 seconds West, 31.79 feet to a point for corner;
South 69 degrees 52 minutes 48 seconds West, 84.25 feet to a point for corner;
South 39 degrees 23 minutes 50 seconds West, 33.38 feet to a point for corner;
South 15 degrees 38 minutes 29 seconds West, 80.55 feet to a point for corner;
South 01 degrees 13 minutes 48 seconds East, 41.20 feet to a point for corner;
South 50 degrees 38 minutes 05 seconds West, 43.39 feet to a point for corner;
South 78 degrees 00 minutes 15 seconds West, 34.52 feet to a point for corner;
South 89 degrees 08 minutes 35 seconds West, 40.60 feet to a point for corner;
South 84 degrees 19 minutes 32 seconds West, 37.90 feet to a point for corner;
South 34 degrees 35 minutes 37 seconds West, 42.00 feet to a point for corner;
South 29 degrees 25 minutes 18 seconds East, 48.00 feet to a point for corner;
South 33 degrees 01 minutes 00 seconds East, 31.52 feet to a point for corner;
South 44 degrees 53 minutes 26 seconds East, 52.59 feet to a point for corner;
South 13 degrees 20 minutes 14 seconds East, 16.71 feet to a point for corner;
South 04 degrees 10 minutes 10 seconds East, 9.02 feet to a point for corner;
South 21 degrees 36 minutes 48 seconds West, 7.72 feet to a point for corner;
South 55 degrees 11 minutes 50 seconds West, 35.56 feet to a point for corner;
South 63 degrees 56 minutes 00 seconds West, 14.03 feet to a point for corner;
South 49 degrees 59 minutes 29 seconds West, 68.56 feet to a point for corner;
South 39 degrees 38 minutes 07 seconds West, 61.51 feet to a point for corner;
South 17 degrees 43 minutes 30 seconds West, 27.90 feet to the southwest corner
of said 23.74 acre tract of land, said point being in the south line of said 80.344
acre tract of land and in the center of County Road No. 79;
THENCE North 89 degrees 36 minutes 37 seconds West, 763.03 feet along the south line
of said 80.344 acre tract of land and along the center of County Road No. 79 to a point
for corner;
THENCE North 00 degrees 00 minutes 03 seconds West, 479.94 feet to a point for
corner;
THENCE Northwesterly, 142.94 feet along a curve to the left which has a central angle
of 45 degrees 00 minutes 00 seconds, a radius of 162.00 feet, a tangent of 75.39 feet, and
whose chord bears North 22 degrees 30 minutes 03 seconds West, 139.30 feet to a point
for corner;
THENCE North 45 degrees 00 minutes 03 seconds West, 559.50 feet to a point for
corner;
THENCE Northwesterly, 142.94 feet along a curve to the left which has a central angle
of 45 degrees 00 minutes 00 seconds, a radius of 182.00 feet, a tangent of 75.39 feet, and
whose chord bears North 67 degrees 30 minutes 03 seconds West, 139.30 feet to a point
for corner;
THENCE South 89 degrees 59 minutes 57 seconds West, 257.47 feet to a point for corner
in the west line of said 80.344 acre tract of land and in the center of County Road No. 80;
THENCE North 00 degrees 01 minutes 27 seconds East, 253.22 feet along the west line
of said 80.344 acre tract of land and along the center of County Road No. 80 to the
POINT OF BEGINNING and containing 1,712,217 square feet or 39.307 acres of land.
TRACT B
BEING all that tract of land in Collin County, Texas, a part of the William H. Thomason
Survey, Abstract No. 895, and being all of that 25.029 acre tract of land conveyed to
Elizabeth Collins Barlow Dauterman described as Tract One in a Partition Deed as
recorded in Volume 2172, Page 526, Collin County Deed Records, and being further
described as follows:
BEGINNING at the northwest corner of said Tract One, said point being in the cent;,r of
County Road No. 80, said point being the southwest corner of that 24.190 acre tract of
land conveyed to Chuck Green as recorded in Volume 4527, Page 2008, Collin County
Deed Records;
THENCE North 83 degrees 57 minutes 46 seconds East, 2695.00 feet along the north line
of said Tract One and along the south line of said 24.190 acre tract of land to the
northeast corner of said Tract One, said point being the southeast corner of said 24.190
acre tract of land;
THENCE South 00 degrees 13 minutes 32 seconds West, 478.14 feet along the east line
of said Tract One to the southeast corner of said Tract One, said point being the northeast
corner of that 25.029 acre tract of land conveyed to Mary Ann Barlow Vowan described
as Tract Three in a Partition Deed as recorded in Volume 2172, Page 526, Collin County
Deed Records;
THENCE South 86 degrees 58 minutes 19 seconds West, 2679.11 feet along the south
line of said Tract One and along the north line of said Tract Three to the southwest corner
of said Tract One and the northwest corner of said Tract Three, said point being in the
center of County Road No. 80;
THENCE North 00 degrees 28 minutes 39 seconds West, 336.23 feet along the west line
of said Tract One and along the center of County Road No. 80 to the POINT OF
BEGINNING and containing 1,090,395 square feet or 25.032 acres of land.
TRACT C
BEING all that tract of land in Collin County, Texas, a part of the William H. Thomason
Survey, Abstract No. 895, and being all of that 24.190 acre tract of land conveyed to
Chuck Green as recorded in Volume 4527, Page 2008, Collin County Deed Records, and
being further described as follows:
BEGINNING at the northeast corner of said 24.190 acre tract of land;
THENCE South 00 degrees 13 minutes 32 seconds West, 548.10 feet along the east line
of said 24.190 acre tract of land to the southeast corner of said 24.190 acre tract of land,
said point being the northeast corner of that 25.029 acre tract of land conveyed to
Elizabeth Collins Barlow Dauterman described as Tract One in a Partition Deed as
recorded in Volume 2172, Page 526, Collin County Deed Records;
THENCE South 83 degrees 57 minutes 46 seconds West, 2695.00 feet along the south
line of said 24.190 acre tract of land and along the north line of said Tract One to the
southwest corner of said 24.190 acre tract of land and the northwest corner of said Tract
One, said point being in the center of County Road No. 80;
THENCE North 00 degrees 28 minutes 39 seconds We::i, 340.86 feet along the west line
of said 24.190 acre tract of land and along the center of County Road No. 80 to the
northwest corner of said 24.190 acre tract of land;
THENCE along the north line of said 24.190 acre tract of land as follows:
North 69 degrees 46 minutes 28 seconds East, 192.38 feet to a point for corner;
South 85 degrees 08 minutes 31 seconds East, 36.18 feet to a point for corner;
South 40 degrees 09 minutes 48 seconds East, 34.58 feet to a point for corner;
South 18 degrees 55 minutes 54 seconds East, 89.48 feet to a point for corner;
South 53 degrees 00 minutes 46 seconds East, 51.87 feet to a point for corner;
South 87 degrees 23 minutes 28 seconds East, 38.62 feet to a point for corner;
North 44 degrees 10 minutes 56 seconds East, 52.87 feet to a point for corner;
North 40 degrees 36 minutes 31 seconds East, 175.10 feet to a point for corner;
North 80 degrees 03 minutes 20 seconds East, 247.59 feet to a point for corner;
North 85 degrees 28 minutes 18 seconds East, 116.04 feet to a point for corner;
North 71 degrees 04 minutes 21 seconds East, 82.59 feet to a point for corner;
North 43 degrees 29 minutes 27 seconds East, 222.76 feet to a point for corner;
North 65 degrees 31 minutes 24 seconds East, 11 o.46 feet to a point for corner;
North 79 degrees 42 minutes 15 seconds East, 74.46 feet to a point for corner;
South 70 degrees 08 minutes 53 seconds East, 66.84 feet to the northwest corner
of a 3.837 acre tract conveyed to Jeffrey Nyberg and wife, Angela H. Nyberg as
recorded in Volume 4527, Page 2033, Collin County Deed Records;
South 06 degrees 02 minutes 14 seconds East, 541.57 feet to the southwest corner
of said 3.837 acre tract of land;
North 83 degrees 57 minutes 46 seconds East, 400.00 feet to the southeast corner
of said 3.837 acre tract of land;
North 06 degrees 02 minutes 14 seconds Viest, 363.02 feet to the northeast corner
of said 3.837 acre tract of land;
North 47 degrees 16 minutes 02 seconds East, 53.67 feet to a point for corner;
North 54 degrees 59 minutes 06 seconds East, 214.37 feet to a point for corner;
North 86 degrees 43 minutes 10 seconds East, 104.17 feet to a point for corner;
North 76 degrees 58 minutes 47 seconds East, 170.60 feet to a point for corner;
North 83 degrees 18 minutes 48 seconds East, 454.54 feet to the POINT OF
BEGINNING and containing 1,054,427 square feet or 24.206 acres of land.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepar . 1 ,, a e
ooeLeDoeeo wmor000poncgoo
DAN S. RAMS
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7 0 1 .. oRn 2e7.a PROPosm DENS, Tess u/i ssc5•s' ,�/�i� `,: T1 �� ow a the a led n e of In. N. WM. H. THOMASON SURVEY ABSTRACT No. 895
- m TRACT A �.\ ( �� •`�! 6i�77L♦ `°u'M tea,u"'�'°a"°:°De'n°�^ei2a w°i"°°n c as Tree One an,Otte R.<a>men"°q'°,'nr a TOWN OF PROSPER.
• ~N��a9reg ,(39.307 ACRES)GROSS 1 uS Z E `1 \1 wWere nn.Pape ing oll of that 25.029 �'e'�� COWN COUNTY, TEXAS
pi / �I1lsi r
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s ` T le.]I' (( �°L a2 MIN.et w°mra.w w..0«a Trost Ono me pone unw the center of --
(38.250 ACRES)NET W2'IY - 1 m / � eat Reed No eu.ad pant b.ero uM sou..cone ar that 2.190 acre ba1 of OWNE'
LESS PROPOSE• Ito ` - paws' 'E !•t �,m a.,<5 Fen a mooned n vat...s:7.Pica 2026 caw rant,
n 3 , EIJZABETH COLLINS BARLOW DAUTERMAN(214) 902 8282
RIGHT-OF-WA
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SEPTEMBER 22.2004 SHEET 1 Of 1 3
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
Collinsbrook is a master planned single-family residential community providing a variety
of three predominant lot types ranging from 10,000 square feet to one-acre and larger, and a
widely dispersed collection of pocket parks. The plan incorporates some one-way streets and
curvilinear streets for traffic calming, open space within walking distance to each home, and
retention and enhancement of natural site features, including creek corridors and treed areas.
Collinsbrook is the historic name given this farm by the Barlow family, whose heirs were
involved in this master plan. The master plan is a logical transition from the rural character of
one-acre lots to the north, to the more urban lots to the west and south. The rural and
recreational character is preserved through the open spaces, landscape buffers along CR 80 and
CR 78,the inclusion of equine bridal trails through the community, and its low density.
Covenants, Codes and Restrictions will regulate the architectural and landscape
improvements in Collinsbrook.
TOWN OF PROSPER, TEXAS
EXHIBIT "C"
COLLINSBROOK
Planned Development District
Residential Development Standards
A proposed residential enclave
Wilbow Corporation
9330 LBJ Fwy, Ste.745
Dallas,TX 75243
972 479 0697
COLLINSBROOK
PLANNED DEVELOPMENT RESIDENTIAL DISTRICT STANDARDS
1.0 Planned Development District - Single-Family Residence
1.01 General Description
This Planned Development Ordinance permits a maximum density of 1.95 single-
family residential units per gross acres of land (see attached Exhibit "D").
The development standards for the aforementioned housing types are outlined
within this text or as set forth in the SF- Estate, SF-1 and SF-2 Zoning
Classifications of Ordinance 84-16 and the Subdivision Ordinance 03-05 as they
exist or may be amended, if not specifically addressed herein. The Town of
Prosper retains the right to review and/or amend the PD Ordinance for
Collinsbrook, if a preliminary plat has not been submitted within eight (8) years
of the adoption date of this PD.
The use and development of the subject property shall generally conform to
Exhibit "D" allowing for modifications and variations that follow sound and
reasonable engineering practices or design refinements.
1.02 Permitted Uses
Land uses permitted within the PD are those permitted in the SF-1 District and the
following:
a. Civic facility
b. Temporary real estate sales offices for each builder during the
development and marketing of the Planned Development which shall be
removed no later than thirty (30) days following the final issuance of the
last Certificate of Occupancy(CD) on the last lot owned by that builder.
c. Accessory buildings incidental to the permitted use and constructed of the
same materials as the main structure.
d. Temporary buildings of the builders and uses incidental to construction
work on the premises, which shall be removed upon completion of such
work.
1.03 Required Parking
A minimum of four (4) off-street, concrete parking spaces shall be provided for
each residential unit. As part of the parking requirement, at least two (2) of the
off-street parking spaces shall be in an enclosed garage. Garages shall be outside
swing type, or if facing the street, shall be set back ten (10) feet behind the front
building line. The storage and long-term parking of recreational vehicles, sports
vehicles, boats and/or trailers on a lot shall be located behind the applicable
setback line for the residential unit. 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 "sports 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 (exclusive of gables) in the
same vertical plane as the first floor wall shall be veneered with a
minimum of 85% (eighty-five percent) coverage of unit masonry on the
front elevation and 75% (seventy-five percent) unit masonry on the side
and rear elevations.
1.04.2 Unit Masonry
Unit Masonry shall mean 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.
1.04.3 Roofing Material
No wood shingle roofs will be permitted.
1.05 Single-Family
The property will be developed with a mix of three (3) lots sizes generally in
conformity with the concept plan as per Exhibit "A." Single Family shall mean
the use of a lot with one (1) building designed for and containing not more than
one (1) unit with facilities for living, sleeping, cooking, and eating therein,
provided however, that accessory buildings shall allow for domestic servants,
granny flats, or guests, may be built on same lot to the extent they are not leased
to unrelated third parties. The maximum number of single-family units allowed is
160. Building and area requirements for single-family units are as follows:
Type I Single Family Lots
a. Minimum Dwelling Size: The minimum enclosed heated and cooled living
area shall be two thousand(2,000) square feet.
b. Lot Area: The minimum area of any lot shall be ten thousand (10,000)
square feet.
c. 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, walks, and other
paved areas shall not be included in determining maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than eighty (80)
feet along the front building line, except that lots within the radius of a cul-de-
sac or along street elbows or eyebrows may have a minimum width of seventy
(70) feet along the front building line; provided all other requirements of this
section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred twenty (120)
feet, except that a lot within the radius of a cul-de-sac or along street elbows
or 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.
f. Front Yard: The minimum depth of the front yard shall be thirty(30) feet.
g. Side Yard: The minimum of fifteen(15) feet shall be in side yards,the actual
width of a particular sideyard may vary, however no sideyard will be less than
five (5) feet. The purpose for this shall be to aggregate the majority of side
yard on the garage side of the house to provide additional room for driveways
for side entry garages. The plat shall designate which side of the lot shall have
the driveway. Corner lots shall have a side yard adjacent to a street of fifteen
(15) feet provided however that lots adjacent to perimeter thoroughfares shall
be separated from a thoroughfare ROW by an HOA landscape buffer of at
least fifty (50) feet. Accessory buildings shall have a minimum side yard
setback of five (5) feet.
h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet.
Accessory buildings shall have a minimum rear yard setback of five (5) feet.
i. Building Height: Buildings shall be a maximum of two and one half(2%2)
stories, not to exceed thirty-six (36) feet in height.
Type II Single Family Lots
a. Minimum Dwelling Size: The minimum enclosed heated and cooled living
area shall be two thousand two hundred(2,200) square feet.
b. Lot Area: The minimum area of any lot shall be twelve thousand five
hundred(12,500) square feet.
c. 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, walks, and other
paved areas shall not be included in determining maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than ninety (90)
feet along the front building line, except that lots within the radius of a cul-de-
sac or along street elbows or eyebrows may have a minimum width of eighty
(80) feet along the front building line; provided all other requirements of this
section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred twenty(120)
feet, except that a lot within the radius of a cul-de-sac or along street elbows
or eyebrows may have a minimum lot depth, measured at mid-point on front
and rear lot lines, of one hundred (110) feet; provided all other requirements
of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be thirty(30) feet.
g. Side Yard: The minimum of sixteen (16) feet shall be in side yards, the
actual width of a particular sideyard may vary, however no sideyard will be
less than seven(7) feet. The purpose for this shall be to aggregate the majority
of side yard on the garage side of the house to provide additional room for
driveways for side entry garages. The plat shall designate which side of the lot
shall have the driveway. Corner lots shall have a side yard adjacent to a street
of sixteen (16) feet provided however that lots adjacent to perimeter
thoroughfares shall be separated from a thoroughfare ROW by an HOA
landscape buffer of at least fifty (50) feet. Accessory buildings shall have a
minimum side yard setback of seven(7) feet.
h. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25)
feet. Accessory buildings shall have a minimum rear yard setback of five (5)
feet.
i. Building Height: Buildings shall be a maximum of two and one half(2V2)
stories, not to exceed thirty-six(36) feet in height.
Type III Single Family Lots
a. Minimum Dwelling Size: The minimum gross living area shall be two
thousand four hundred (2,400) square feet.
b. Lot Area: The minimum area of any lot shall be twenty thousand (20,000)
square feet.
c. Lot Coverage: In no case shall more than thirty five percent (35%) of the
total lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, driveways, walks,
and other paved areas shall not be included in determining maximum lot
coverage.
d. Lot Width: The minimum width of any lot shall not be less than one hundred
(100) feet along the front building line, except that lots within the radius of a
cul-de-sac or along street elbows or eyebrows may have a minimum width of
ninety (90) feet along the front building line; provided all other requirements
of this section are fulfilled.
e. Lot Depth: The minimum average depth of any lot shall be one hundred fifty
(150) feet.
f. Front Yard: The minimum depth of the front yard shall be forty(40) feet.
g. Side Yard: The minimum of twenty five (25) feet shall be in side yards, the
actual width of a particular sideyard may vary, however no sideyard will be
less than ten (10) feet. The purpose for this shall be to aggregate the majority
of side yard on the garage side of the house to provide additional room for
driveways for side entry garages. The plat shall designate which side of the lot
shall have the driveway. Corner lots shall have a side yard adjacent to a street
of twenty five (25) feet provided however that lots adjacent to perimeter
thoroughfares shall be separated from a thoroughfare ROW by an HOA
landscape buffer of at least fifty (50) feet. Accessory buildings shall have a
minimum side yard setback of ten(10) feet.
h. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25)
feet. Accessory buildings shall have a minimum rear yard setback of five (5)
feet.
i. Building Height: Buildings shall be a maximum of two and one half(2'/Z)
stories, not to exceed thirty-six (36) feet in height.
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 ordinances and regulations of the
Town of Prosper, including Zoning Ordinance, No. 84-16, and Subdivision
Ordinance, No. 03-05, as they presently exist or may be amended. All Right of
Ways as specified in the Town's Transportation Plan will be deeded to the Town
at the time of development with the Final Plat. Cul-de-sac streets shall be
permitted up to six hundred(600) feet in length from an intersecting street.
2.02 Amenities
2.02.1 Pocket Park
Pocket Park shall be a park of one-third (1/3) acre or more. In addition to
the Hike and Bike Trail, the developer will furnish and build one or more
pocket parks. Size and location of the Pocket Park(s) will be located on the
preliminary plat and approved by the Town of Prosper. The pocket parks
shall include park benches, landscaping and automatic irrigation system,
as specified in Ordinance 84-16. Pocket parks shall be owned and
maintained by the HOA and may or may not count towards park impact
credits as determined by a separate Developer's Agreement.
2.02.2 Trails
The developer and Town of Prosper will cooperate to cause a hike and
bike trail to be constructed on this site in the location shown on Exhibit
"D." The Town of Prosper will determine the Trail width and
specifications. The costs of the trail may or may not count towards park
impact credits as determined by a separate Developer's Agreement.
2.02.3 Amenities and Homeowners Association
The developer shall create a Homeowners Association, as set forth below,
for Collinsbrook, for the maintenance of common areas such as perimeter
landscaping, entry monuments and common amenities. If an amenity
center is provided, it shall be located on the preliminary plat on a separate
lot of record and dedicated to the HOA.
2.03 Screening and Buffering
The landscape buffer of a minimum twenty-five (25) feet in width along County
Road No. 78 (First Street)and County Road 80 (Coit Road) shall be screened by a
combination of earthen berms, turf grass, trees, and shrubs, as specified on the
attached Exhibit "D," which shall comply with the Town's Transportation Plan
requirements. All turf and landscaping areas will be irrigated. Screening fences
shall be located along the berm areas and shall meet the requirements of the
Subdivision Ordinance 03-05.
2.04 Conceptual Development Plan
A Conceptual Development Plan is hereby attached(Exhibit"D")and made a part
of the ordinance. It establishes the most general guidelines for the district by
identifying the project boundaries, land use types, approximate thoroughfare
locations, ROW dedication, roads, trails, drainage, all easements and illustrates
the integration of these elements into a master plan for the whole district.
2.05 Streets
The interior streets (with Type III lots on both sides) shall be designed as a rural
street section with a 50' wide right-of-way and adjacent drainage easements as
required to accommodate the drainage ditches on both sides of the street. The
paved section for the main entry street shall be concrete paving 31' wide. The
remaining residential streets shall consist of a 50-foot right-of-way with a 31-foot
paving section (b-b) and drainage systems which shall be incorporated into the
street facility with concrete paving and mountable curbs. One-way street widths
shall be shown on the Preliminary Plat and approved by the Town. All
Residential Streets and Thoroughfares with landscape and setback areas shall be
shown on the Preliminary Plat. Right-of-way areas shall be dedicated and
provided on any and all adjacent street or road section to conform to the approved
Transportation Plan of the Town.
2.06 Maintenance of Facilities
The Developers shall establish a Homeowner's Association (HOA), in which
membership is mandatory for each lot 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 or adjacent Right of Way (ROW). The
homeowner's association will be created with Phase 1 and each subsequent phase
shall be annexed into the association. Prior to transfer of the ownership to the
HOA, all specified facilities shall be constructed by the Developer and approved
by the Town. A two (2) year maintenance bond for all improvements contained
within the HOA area or ROW shall be provided at the time of transfer. The
developer shall provide the Town a mandatory HOA agreement that will become
part of the deed of record.
2.07 Sidewalks
The sidewalk on the streets for Type III lots (rural street section) shall be located
within a separate easement. The remaining residential streets will have a four (4)
foot wide sidewalk located on both sides of the street and shall be located two (2)
feet from the street right-of-way line and shall be constructed by the homebuilder.
Three (3) feet from each street right of way line shall be required for streets with
proposed street trees. Corner lots shall also provide the aforementioned
requirement. All public street ROW sidewalks and crossings shall be ADA
compliant. In locations where open space, common, or HOA areas exist,
sidewalks shall be extended to connect with adjacent walks or trails. In open
space and common areas, the sidewalk location may meander from being parallel
to the street ROW.
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 Tree Requirement
A minimum of two (2) three inch (3") caliper trees, measured at twelve
(12) inches from the ground, shall be planted in each front yard area
between the building line and the street right-of-way line in the single
family development. The list of approved trees will be included in the
deed restrictions filed on this project. The required trees will typically be
planted by the builder at the time of house construction and must be
installed prior to the issuance of the Certificate of Occupancy for that lot
and house.
2.09.2 Corner Lots
One (1) additional tree as specified on the approved list in deed
restrictions with a minimum caliper of three (3) inches each, as measured
twelve (12) inches above the root ball, shall be planted in each side-yard
space that abuts a street and the yard space frontage along that street.
These required trees shall be planted generally parallel to the street at the
edge of the street right of way. The required trees will typically be planted
by the builder at the time of house construction and must be installed prior
to the issuance of the Certificate of Occupancy for that lot and house.
2.09.3 Side Yard
Side yard landscaping is required on all lots adjacent to Major
Thoroughfares or Collector Streets within the development; said
landscaping shall include trees, shrubs, turf grass, and earthen berms.
Landscape beds in the yard space that abuts a street shall be limited to, and
extend from, the house perimeter and walkways. Such beds shall have
natural shapes. The intent of this guideline is to reinforce the continuity of
the street with plant beds that visually reference the street instead of the
lot. Therefore, floating beds in the yard space are prohibited. All beds
shall be edged with a steel edging. No brick, masonry, or other edging
material is permitted. Such planting beds must run parallel to the street
and create natural shapes that respond to the required trees (described
above).
2.09.4 Sod
Front and side yards visible to the street and in front of any side yard
fencing shall be sodden prior to the Town issuing a Certificate of
Occupancy.
2.10 Fencing
Consistent fencing will be required on all lots adjacent and backing to the
Major Thoroughfares and shall conform to the standards established by the Town
for various types of fencing in Subdivision Ordinance 03-05 as it exists or may be
amended. All lots adjacent to open space, parkland or trails as described herein
shall be restricted to open wrought iron fencing on property lines abutting such
areas.
2.11 Water Feature
The Zoning Plan attached to the Plan Development District Standards indicates at
least one (1) water feature, which is to be constructed and improved as a part of
this development. The design, construction, and initial maintenance cost of the
Water Feature shall be provided by the developer. This feature is designed to be a
part of the storm water system, and as such, the Town will control a drainage
easement over the feature. The HOA will be responsible for maintaining the
landscape and area surrounding the Water Feature after the construction and
acceptance period. The completion of each Water Feature indicated shall be prior
to each Phase or Section of development. If the development schedule is modified
or altered then the proposed water feature shall be completed on or prior to fifty
percent (50%) of the land area being platted. The proposed Water Feature shall
meet state requirements as submitted to the state by the Town's Consulting
Engineer. The water feature will in no way affect the natural drainage patterns of
the site and interfere with any conservation issues established by TCEQ. The
Town's engineer may require hydrology studies to verify that the water feature
can maintain reasonable water levels with surface runoff calculations. Should a
water well be required to maintain the water level,the developer will comply with
all ordinances in obtaining a water well permit.
2.12 Open Space Requirements
The overall development of the property will provide a minimum of ten percent
(10%) of common open space area of the gross acreage including such items as
pocket parks, water area and features, trail systems, creeks and natural preserved
areas as shown on Exhibit"D."
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` WM.H.THOMASON SURVEY,ABST.NO.895
r � \- TOWN OF PROSPER
(
1' COLLIN COUNTY,TEXAS
APPLICANT:WILBOW CORPORATION
9330 LBJ FREEWAY SUITE 745
LOCKBOX 68
DALLAS,TEXAS 75243
PHONE.972.691.0682
CO LL I N S B ROO K CONTACT:CHAS FITZGERALD
LANDSCAPE ARCHITECTS/LAND PLANNERS ( �� •00 DATE:SEPTEMBER 24,2004
302 NORTH MARKET ST.SUITE 450 SCALE 1•=no' REVISED:OCTOBER 19,2004
T B G
DALLAS,TEXAS 75202
PHONE:214.744.0757 NORTH REVISED:OCTOBER 28.2004
r A E,a a.A CONTACT:MARK T.MEYER
EXHIBIT E
DEVELOPMENT SCHEDULE
The Collinsbrook development comprises several tracts under different ownerships. This
fact, combined with the master plan calling for a variety of lot types, anticipates a multi-stage
development. The first phase is expected to occupy the southernmost portion of the community
and will likely commence construction late Spring 2005 and deliver lots within twelve (12)
months. The second phase will most likely occupy the northernmost portion of the community
and will likely commence construction 18-24 months following completion of Phase 1. Phase 2
construction should take approximately six to nine (6-9) months. The final phase would occupy
the center of the community and would likely commence construction 18-24 months following
completion of Phase 2.
This timeline shall be subject to weather conditions that may delay construction and
market conditions that may accelerate or decelerate new home sales.
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
•
TOWN OF
PROSPER, TEXAS
ORDINANCE NO.04-110 November 19, 2004
AN ORDINANCE November 20,2004
AMENDING PROSPER'S
ZONING ORDINANCE
NO. 84-16; REZONING A
TRACT OF LAND CON-
SISTING OF 39.307
ACRES, MORE OR
LESS, SITUATED IN
THE WILLIAM H. THO-
MASON SURVEY, AB-
STRACT NO. 895 A
TRACT
F NCON-
SISTING O 25.032
ACRES, MORE OR
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LESS, SITUATED IN Ca-
MASON
THE WILLIAM H. THO-
SURVEY, AB-
STRACT NO. 895,AND A
TRACT OF LAND CON-
SISTING OF 24.206
ACRES, MORE OR (Lynda Black)
LESS, SITUATED IN
THE WILLIAM H. THO-
MASON SURVEY, AB-
STRACT NO. 895, IN
THE TOWN OF PROS-
PER, COLLIN COUNTY
TEXAS, HERETOFORE
ZONED SINGLE FAMI-
LY-1 1N E HEREBY
PLACED IN THE ZON-
ING CLASSIFICATION
Sworn to an OF PLANNED DEVEL- ' me this November 22, 2004, A.D
OPMENT-SINGLE FAMI-
LY-1 & 2 (PD-SF-1&2)•
TTRACTTIHE
TO BE ING RE-
ZONED; PROVIDING
FORA PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR RE-
, PEALING, SAVING AND
, AN EFFECTIVE
BILI CLAUSE
„NI ES, PROVIDING FOR
AN EFFECTIVIV E DATE
OF THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF (Lisa Batt field)
THE CAPTION HEREOF
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