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2022-45 - O - Rezone PD-86 to PD-114 277.6 Acres Single Family US 380 West of Custer Road (Rutherford Creek) 08.09.22TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-45 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 277.6 ACRES, SITUATED IN THE J. HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-86 (PD-86) TO PLANNED DEVELOPMENT-114 (PD-114); 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; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request (Case Z22- 0005) from 104 Prosper and 310 Prosper, Prosper Hollow LP, Paramount Soft LP, DID Brookhollow LLC, and 55 Prosper ("Applicants"), to rezone 277.6 Acres, situated in the J. Horn Survey, Abstract No.411, Collin County, Texas, From Planned Development-86 (PD-86) to Planned Development-114 (PD-114), and being more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such 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 Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance, as amended, is hereby amended as follows: The zoning designation of the hereafter described property containing 277.6 Acres, situated in the J. Horn Survey, Abstract No.411, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto, are hereby zoned as Planned Development-114 (PD-114) and being 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 Development Standards, attached hereto as Exhibit C; (3) the Concept Plan, attached hereto as Exhibit D; and (4) the Development Schedule, attached hereto as Exhibit E, all of which are incorporated herein for all purposes as if set forth verbatim. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is 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. Ordinance No. 2022-45, Page 2 SECTION 7 Savings/Repealing Clause. Prosper's Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF AUGUST, 2022. ATTEST: K. 0-u tk Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: /C . -V 1�kjjA Terrence S. Welch, Town Attorney G Jeffj4d,ges, Maya Pro -Tern Ordinance No. 2022-45, Page 3 a�°F PROs.� o ��p F 7k \ 1914 TEXAS Exhibit'A' Rutherford Creek Planned Development-114 TOWN OF PROSPER, TEXAS JUNE 2022 0 M 1n 0 Basis of Bearing is the Texas Coordinate u, System, North Central 2 "Integral parts of this c 3 1. Exhibit - 6 Pages z 0 0 N co m W E S a 250 500 GRAPHIC SCALE IN FEET I' E LOTO N h-2- �II�1 LAND SOLUYIONS 11000 FRISCO ST. SUITE 400 EXHIBIT A L1 L4 L3 L27 S89'30'01"E L2 848,07' L1 L11 L12 L13 L2 L14 L19 L15 L18 310 PROSPER LP L16 VOL. 5823, PG. 3452 L17 0. P. R. C. C. T. DETAIL 1 "= 400' L100 L95 L98 L94 L99 L90 L93 L87 L97 L85 L86 L96 I L84 L92 / L82 L91 /// �L80 L89 L79 L83 L78 L.81 L88 L77 I L76 GV L75 E—{ W L74 W L73 �I L72 L36 L37 L34 L35 [—+ �IL2 L33 � 310 PROSPER LP �SVO.L, 1-L24 5900, PG. 1602 —11-23 0.P.R.C.C.T. 22 r1 TRACT 1 255.930 ACRES 11,148,298 SQUARE FEET 5U avE411 TRACT 2 3 � VOL. 5823, PG. 3462 R�clf N TRACT 3 310 PROSPER �HS PROSPER HILLS LP N00'53'40"W 0. P. R. C. C. T. In s t. # 20210326000610090 25.74' 0. P. R. C. C. T S89'14'23"W Point of N85-05'18"W 591.48' 100.72' Beginning U.S. HIGHWAY 380 S89'1437"W 754.31' N89'23'12"W 1,195.55' ZONING DESCRIPTION OF 255.930 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 1DRAWN BY: MYOST ICHECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 1 OF 6 ro Basis of Bearing is the Texas Coordinate N System, North Central Zone 4202, NAD 83 „• "Integral parts of this document" 3, 1. Exhibit - 6 Pages EXHIBIT A L1 L137- L135-i L13" I L1 o L130 L132 I' z ° L127 L128 o L126 L129 L125 L124 L123 00 L116 L122 L115 L121 L103 L114 L102 L120 S5 L105 L113 11-119 001 L118 S1 L117 L112 L104 L111 S L106 L110 L146 L109 PROSPER LP L108 INST.# 607310 PROSPER LP 20080605000680470 VOL. 5823, PG. 3462 0. P. R. C. C. T. 0. P. R. C. C. T. 255.930 ACRES 11,148,298 SQUARE FEET 104 PROSPER LP 1NST# 20120171000035080 0. P. R. C. C. L �1J R�Eq J tTo OCT N ABS TRACT 1 ■ LOTS 1, 2, & 3, BLOCK A a7 BROOKHOLLOW APARTMENTS o lnst.# 202107270700027JO N 0. P. R. C. C. T. v LOT 1 TRACT 4 S89'1$'22"W S89"I9'05"W 755.54 178.07' 'a S7423'05"W a 87.50' N75'45'09"W o' 48.83' " LOT LOT 3 P E LOTQ N II�1� LAND SOLUTIONS 11000 FRISCO ST. SUITE 400 FRISCO. TX 75033 469.2 fa1Un 0 �A44 1 -04 1-1145 UL143 S57106'56"W 327.70' CUSTER ROAD 54'57"W 510.02' '12'09"W 121.57' 2'42"E 326.39' S17'46'12"E 480.21' S24'27'060W 85.13' S24'43'38'W 418.79' 139 N L140 41 W E S 0 250 500 GRAPHIC SCALE IN FEET 2 S02'14'15"E 293.83' S12'39'33"W 87.80' I S8970'24"W 110.24' I S19'06'04"W 236.78' S05 48'40"W 165.13' S16'25'36"E 275.59' 1- S01'43'37"W 192.92' S07'4737"W - 96.29' S07'39'08"W 128.25' S07'52'00"W 248.46' S26*57'16"W r359.64' 311'07'49"E 462.71' F-- I 1. — S74'23'05"W 3.50' L ZONING DESCRIPTION OF 255.930 ACRES J. HORN SURVEY, ABSTRACT NO, 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 DRAWN BY: MYOST ICHIECKED BY: SRAMSEY I DATE: 4/13/2022 ?AGO 2 0= 6 - SR VY%L _ N 1; 1 Basis of Bearing is the Texas Coordinate EXHIBIT A rn r- System, North Central Zone 4202, NAD 83 "Integral parts of this document" 1. Exhibit - 6 Pages BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. HORN SURVEY, ABSTRACT CONTINUED (1) oz NO. 411, COLLIN COUNTY, TEXAS, AND BEING PART OF THOSE TRACTS OF LAND TO N 84° 26' 00" E. 24.88 FEET: 104 PROSPER LP RECORDED IN INSTRUMENT NUMBER 20120111000035080. 310 o PROSPER LP RECORDED IN VOLUME 5823. PAGE 3462 HEREIN AFTER REFERRED TO AS N 55° 27' 29" E. 15.90 FEET; o TRACT 1 AND VOLUME 5900, PAGE 1602 HEREIN AFTER REFERRED TO AS TRACT 2. PROSPER LP RECORDED IN INSTRUMENT NUMBER 200806050006804TO HEREIN AFTER N 04° 31' 53" W. 30.06 FEET. REFERRED TO AS TRACT 3. PROSPER HILLS LP RECORDED IN INSTRUMENT NUMBER N 09° 52' 05" W. 29.11 FEET: 00 20210326000610090 HEREIN AFTER REFERRED TO AS TRACT 4. 104 PROSPER LP RECORDED IN INSTRUMENT NUMBER 20120111000035080 HEREIN AFTER REFERRED TO N 74° 29' 47" W, 35.07 FEET: AS TRACT 5. AND BROOKHOLLOW APARTMENTS RECORDED IN INSTRUMENT NUMBER N 79° 27' 13" W. 71.89 FEET; 20210727010002730. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: N 36° 08' 34" W. 19.68 FEET: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 1 AND BEING IN THE NORTH N 28° 03' 50" W. 20.30 FEET: RIGHT-OF-WAY LINE OF U.S. HIGHWAY 380 (A VARIABLE WIDTH RIGHT-OF-WAY): N 03° 08' 14" W. 24.52 FEET: THENCE N 00° 03' 59" E. 1755.35 FEET: N 10° 56' 07" E. 14.00 FEET; THENCE S 89° 30' 01" E. 848.07 FEET: N 60° 11' 34" E. 21.25 FEET: THENCE FOLLOWING ALONG THE CENTER OF RUTHERFORD BRANCH CREEK THE FOLLOWING N 76° 24' 32" E. 29.43 FEET: BEARINGS AND DISTANCES: N 14° 11' 08" W. 12.02 FEET: N 87° 20' 50" E. 56.69 FEET: N 04° 31' 39" E. 36.55 FEET: N 75° 11' 25" E. 29.07 FEET: N 03° 38' 49" W. 36.55 FEETi N 271 28' 46" E. 28.04 FEET: N 06° 41' 14" W. 20.99 FEET: N 14° 02' 05" W. 16.32 FEET: N 48° 41' 25" E. 48.88 FEET: N 00° 29' 58" W. 31.10 FEET; N 48° 18' 46" E. 36.88 FEET: N 141 20' 34" W. 83.59 FEET: N 43° 42' 54" E. 30.40 FEET: N 04° 20' 32" E. 44.96 FEET: N 741 11' 08" E. 65.12 FEET; N 06° 26' 38" W. 29.78 FEET; S 71° 49' 16" E. 34.18 FEET. N 74° 21' 51" E. 58.91 FEET: S 67° 05' 15" E. 40.87 FEET: N 73° 29' 27" E. 43.71 FEET: S 491 45' 51" E. 30.51 FEET: N 601 15' 27" E. 32.45 FEET: S 21° 22' 05" E. 28.05 FEET; S 66° 52' 24" E. 30.40 FEET: S 03° 47' 52" E. 35.25 FEET: S 76° 41' 21" E. 15.83 FEET: S 14° 49' 12" E. 29.69 FEET: N 76° 44' 17" E. 21.52 FEET: S 14° 29' 47" E. 20.21 FEET: N 77° 32' 14" E. 25.11 FEET; S 46° 51' 38" E. 23.04 FEET: S 611 17' 45" E. 95.88 FEET: N 53° 34' 49" E. 39.07 FEETi S 66° 10' 55" E. 20.60 FEET: S 33° 15' 33" E. 28.17 FEET: N 05° 16' 20" W. 30.81 FEET: N 39° 55' 22" E. 57.35 FEET; N 231 01' 35" W. 29.52 FEET: N 511 21' 23" E. 26.85 FEET: N 20° 44' 53" W. 43.84 FEETi N 34° 08' 23" E. 28.17 FEET: N 12° 11' 51" W. 30.37 FEET: N 39° 55' 22" E. 57.35 FEET: N 25° 13' 23" E. 29.26 FEET: N 51° 21' 23" E. 26.85 FEET: N 45° 27' 02" E. 24.57 FEET: N 09° 11' 23" E. 34.25 FEET: N 35° 10' 44" E. 54.72 FEET: N 56° 44' 26" W. 48.04 FEETi N 05° 58' 11" E. 31.83 FEET; T� N 471 17' 46" W. 38.72 FEET: N 14° 12' 21" E. 25.78 FEET, p o N 35° 41' 20" W. 59.64 FEET: N 24° 11' 46" E. 56.83 FEET: N 05° 28' 05" W. 37.96 FEET; N 38° 06' 00" W. 56.57 FEET: N 66° 41' 54" E. 35.57 FEET: N 31° 50' 41" W. 18.42 FEETi ro S 70° 40' 48" E. 52.30 FEET: N 17° 22' 25" E. 39.40 FEET: ro S 57° 44' 29" E. 44.45 FEET: N 41° 43' 09" E. 53.43 FEET; m S 64° 17' 24" E. 51.85 FEET; N 47° 21' 35" E. 34.79 FEET: N 67° 54' 16" E. 74.73 FEETi N 29° 13' 43" E. 66.38 FEET: N 74° 06' 35" E. 78.71 FEET: N 62° 08' 53" E. 36.31 FEET. N 35° 53' 00" E. 83.10 FEET: N 39° 40' 34" E. 51.84 FEET: N 14° 49' 13" W. 29.69 FEET: N 33° 21' 18" E. 33.19 FEET: o � N OS° 34' 14" W. 24.87 FEET: N 58° 19' 29" E. 41.62 FEET: a N 63° 53' 00" E. 23.30 FEET: N 72° 34' 03" E. 80.10 FEET: ?I CONTINUING (1) CONTINUING (2) ZONING DESCRIPTION OF 255.930 ACRES J. HORN SURVEY, ABSTRACT NO. 411 P E LOTQ N CITY OF PROSPER r COLLIN COUNTY, TEXAS �I lll LAND SOLUTIONS 1S00 FRISCO ST, SUITE 400 FRI$LY]. 77(75p33 $13.7 4@BBO(1 JOB #: LPD22001 DRAWN BY: MYOST CHECKER BY: SRAMSEY DATE: 4/13/2022 PAGE #: 5 OF 6 WC :JN. _ .. _ L _ . .n . 1 ... V Basis of Bearing is the Texas Coordinate EXHIBIT A N System, North Central Zone 4202, NAD 83 "Integral parts of this document" 3 1. Exhibit - 6 Pages CONTINUED (2) N 08' 08' 47" W. 43.92 FEET: o N 15' 24' 29" W. 63.03 FEET; N 08' 58' 27" E. 33.14 FEET; 0) N 40' 45' 52" E. 35.47 FEET; N 56' 45' 35" E. 38.42 FEET: N 64' 26' 42" E. 37.39 FEET; N 84' 32' 10" E. 47.80 FEET; S 82' 34' 52" E. 40.47 FEET; N 74' 41' 40" E. 33.22 FEET; N 65' 06' 07" E. 17.23 FEET: N 87' 26' 35" E. 199.76 FEET: N 50' 27' 49" E. 84.89 FEET: S 86' 14' 01" E. 180.77 FEET: S 66' 06' 30" E. 121.23 FEET; S 33' 51' 22" E. 55.86 FEET; S 78' 33' 36" E. 76.96 FEET; N 87' 53' 47" E. 94.52 FEET; N 85' 46' 30" E. 103.17 FEET; N 36' 50' 04" E. 49.51 FEET; N 11' 13' 42" E. 44.84 FEET; N 45' 27' 02" E. 44.51 FEET; N 76' 24' 32" E. 77.87 FEET; N 59' 59' 01" E. 41.38 FEET; N 16' 38' 06" E. 67.72 FEET; N 09' 54' 22" E. 38.28 FEET; N 05' 34' 15" W. 40.08 FEET; N 38' 19' 31" E. 23.92 FEET; S 89' 33' 35" E. 37.77 FEET; S 75' 31' 42" E. 25.96 FEET; S 26' 07' 59" E. 28.15 FEET; S 66' 22' 07" E. 15.98 FEET; N 24' 53' 31" E. 25.35 FEET; N 22' 11' 13" W. 27.27 FEET; N 17' 12' 57" W. 48.43 FEET; N 29' 08' 47" W. 89.25 FEET; N 38' 51' 33" W. 59.64 FEET; N 05' 54' 08" W. 19.00 FEET; n N 52' 28' 24" E. 30.26 FEET; 0 N 88' 47' 41" E. 50.09 FEET; T N 62' 23' 29" E. 127.31 FEET; S 79' 34' 54" E. 183.33 FEET; nm N 77' 42' 52" E. 116.34 FEET; 0 N N 51' 13' 24" E. 176.18 FEET; N 84' 21' 34" E. 133.19 FEET; 2. N 29' 25' 35" E. 126.77 FEET; 0 N 64' 02' 03" E. 237.53 FEET; r N 82' 05' 51" E. 226.80 FEET; a N 77' 07' 09" E. 109.07 FEET; N N 45' 32' 03" E. 91.02 FEET; o' N 58' 52' 55" E. 224.11 FEET TO THE WEST m RIGHT-OF-WAY LINE OF CUSTER ROAD (A VARIABLE WIDTH RIGHT-OF-WAY); PELOTON ::=•i LAND SOLUTIONS 11000 FMSW ST. SUITE400 JOB#: LPD22001 DRAV FRISCO TX 75033 4ea.aI� Imn THENCE S 01' 33' 27" E. 149.18 FEET DEPARTING SAID WEST RIGHT-OF-WAY LINE; THENCE S 30' 40' 25" E. 30.00 FEET; THENCE S 00' 22' 57" W. 124.21 FEET; THENCE S 89' 57' 33" W. 36.30 FEET; THENCE S 84' 54' 09" W, 61.31 FEET: THENCE S 78' 56' 45" W, 386.85 FEET; THENCE S 68' 20' 48" W. 117.72 FEET; THENCE S 57' 06' 56" W, 327.70 FEET; THENCE S 57' 54' 57" W. 510.02 FEET: THENCE S 01' 12' 09" W. 121.57 FEET; THENCE S 88' 43' 37" E. 4.85 FEET; THENCE S 37' 12' 42" E. 326.39 FEET; THENCE S 17' 46' 12" E. 480.21 FEET; THENCE S 24' 27' 06" W. 85.13 FEET; THENCE S 24' 43' 38" W. 418.79 FEET: THENCE S 02' 14' 15" E. 293.83 FEET: THENCE S 12' 39' 33" W. 87.80 FEET; THENCE S 89' 20' 24" W. 110.24 FEET; THENCE S 19' 06' 04" W. 236.78 FEET: THENCE S 05' 48' 40" W. 165.13 FEET: THENCE S 16' 25' 36" E. 275.59 FEET: THENCE S 01' 43' 37" W, 192.92 FEET: THENCE S 07' 47' 37" W. 96.29 FEET; THENCE S 07' 39' 08" W. 128.25 FEET: THENCE S 07' 52' 00" W, 248.46 FEET; THENCE S 26' 57' 16" W. 359.64 FEET: THENCE S 11' 07' 49" E. 462.71 FEET; THENCE S 74' 23' 05" W. 3.50 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF SAID U.S HIGHWAY 380; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 380 THE FOLLOWING BEARINGS AND DISTANCES: S 89' 19' 05" W. 755.54 FEET: N 75' 45' 09" W, 48.83 FEET; S 74' 23' 05" W. 87.50 FEET; S 89' 18' 42" W. 178.07 FEET; N 00' 53' 40" W. 25.74 FEET: S 89' 14' 23" W. 591.48 FEET; N 85' 05' 18" W. 100.72 FEET; S 89' 14' 37" W. 754.31 FEET: N 89' 23' 12" W. 1,195.55 FEET: THENCE N 89' 59' 03" W. 3709.42 FEET TO THE POINT OF BEGINNING AND CONTAINING 11,148,298 SQUARE FEET OR 255.930 ACRES MORE OR LESS. "This document was prepared under 22 Texas Administrative Code 138.95, does not reflect the results of on 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 boundory of the political subdivision for which it was prepared." ZONING DESCRIPTION OF 255.930 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS BY: MYOST !CHECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 6 OF 6 a Basis of Bearing is the Texas Coordinate EXHIBIT A N System, North Central Zone 4202, NAD 83 '-' "Integral parts of this document" 1. Exhibit - 6 Paaes 0 Z 0 0 I0 ao P E LOTO N :•--e II�k� LAND SOLUTIONS 11000 FRISCO ST- SUITE 400 FRISM TX 75033 469-213-1600 1 "= 400' DETAIL N W ' E 500 E IN FEET TRACT 1 ZONING DESCRIPTION OF 169.825 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 1DRAWN BY: MYOST ICHECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 1 OF 6 a Basis of Bearing is the Texas Coordinate EXHIBIT A System, North Central Zone 4202, NAD 83 „• "Integral parts of this document" 3 1. Exhibit - 6 Pages z 0 N O N N 0 0 r a L1 L130 L132 L127 L128 �51\ L126 L125 L129 L124 L123 L116 L122 L115 L121 L103 L114 L120 L102 S5 L105 L113 L119 1-101 L118 S L117 L112 L104 L111 S L106 L110 L146 L7 09 PROSPER LP L108 INS T..# L107310 PROSPER LP 20080605000680470 I O.P.R.C.C. T. VOL. 5823, PG, 3462 0.P.R.C.C. T. E-� W 169.825 ACRES x 7,397,591 SQUARE FEET 104 PROSPER LP N W E L138 L139 L137 L140 L135 L136 S 250 500 L141 1144 L142 MAPHIf Cr'AI F IN FFFT L145 L143 S57 06'56"W 327.70' CUSTER ROAD 7'S4'57"W 510.02' )1'12'09"W 121.57' 2'42"E 326.39' S17'46'12"E 480.21' S24'27'06"W 85.13' S24'43'38"W 418.79' U INST.# 20720711000035080 SO2'14'15"E 0. P. R. C. C. r. 293.83' S1239'33"W 87.80' TRACT 1 RVEY 1 S89'20'24"W 110.24' sU S19'06'04"W 236.78' J KvRA 'T N o AB' S8906'20"W 1,192,37' LOTS 1, 2, & 3, BLOCK A N PELOTON Iti LAND SOLUTIONS 11000 FRISCO ST SUITE 400 FRISCO TX75033 469-213-1800 -SO5' 48'40"W 165.13' ,S16'25'3f6"E 275,59' f _SO1'43'37"W 192.92' I S07'47'37"W 96.29' S0739'08"W 128.25' TRACT 1 ZONING DESCRIPTION OF 169.825 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB M LPD22001 1DRAWN BY: MYOST 10HECKED BY: SRAMSEY EDATE: 4/13/2022 1 PAGE #: 2 OF 6 3 z 0 I� A m m Basis of Bearing is the Texas Coordinate EXHIBIT A System, North Central Zone 4202, NAD 83 "Integral parts of this document" 1. Exhibit - 6 Pages BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. HORN SURVEY, ABSTRACT NO. CONTINUED (1) 411. COLLIN COUNTY. TEXAS. AND BEING PART OF THOSE TRACTS OF LAND TO 104 N 09° 52' 05" W. 29.11 FEET; PROSPER LP RECORDED IN INSTRUMENT NUMBER 20120111000035080, 310 PROSPER LP RECORDED IN VOLUME 5823. PAGE 3462 HEREIN AFTER REFERRED TO AS TRACT 1 AND N 74° 29' 47" W. 35.07 FEET: VOLUME 5900. PAGE 1602 HEREIN AFTER REFERRED TO AS TRACT 2. PROSPER LP N 79° 27' 13" W. 71.89 FEET: RECORDED IN INSTRUMENT NUMBER 20080605000680470 REFERRED TO AS TRACT 3 AND 104 PROSPER LP RECORDED IN INSTRUMENT NUMBER 20120111000035080 HEREIN AFTER N 36° 08' 34" W. 19.68 FEET: REFERRED TO AS TRACT 4. OFFICIAL PUBLIC RECORDS. COLLIN COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: N 28° 03' 50" W. 20.30 FEET: BEGINNING AT THE NOTHWEST CORNER OF SAID TRACT 1 AND BEING IN EAST LINE OF A N 03° 08' 14" W. 24.52 FEET: TRACT OF LAND TO PROSPER ISO RECORDED IN INSTRUMENT NUMBER 20200306000329040 N 10° 56' 07" E. 14.00 FEET: OF SAID COUNTY RECORDS: N 60° 11' 34" E. 21.25 FEET: THENCE S 89° 30' 01" E. 848.07 FEET; N 76° 24' 32" E. 29.43 FEET: THENCE FOLLOWING ALONG THE CENTER OF RUTHERFORD BRANCH CREEK THE FOLLOWING BEARINGS AND DISTANCES: N 87° 20' 50" E. 56.69 FEET: N 14° 11' 08" W. 12.02 FEET: N 75° 11' 25" E. 29.07 FEET: N 04° 31' 39" E. 36.55 FEET= N 27° 28' 46" E. 28.04 FEET: N 03° 38' 49" W. 36.55 FEET: N 14° 02' 05" W. 16.32 FEET: N 06° 41' 14" W. 20.99 FEET: N 00° 29' 58" W. 31.10 FEET: N 48° 41' 25" E. 48.88 FEET: N 14° 20' 34" W. 83.59 FEET: N 48° 18' 46" E. 36.88 FEET: N 04° 20' 32" E. 44.96 FEET: N 43° 42' 54" E. 30.40 FEET: N 06° 26' 38" W. 29.78 FEET: N 74° 11' 08" E. 65.12 FEET: N 74° 21' 51" E. 58.91 FEET: S 71° 49' 16" E. 34.18 FEET. N 73° 29' 27" E. 43.71 FEET. S 67° 05' 15" E. 40.87 FEET: N 60° 15' 27" E. 32.45 FEET: S 49° 45' 51" E. 30.51 FEET; S 66° 52' 24" E. 30.40 FEET: S 21° 22' 05" E. 28.05 FEET; S 76° 41' 21" E. 15.83 FEET: S 03° 47' 52" E. 35.25 FEET: N 76° 44' 17" E. 21.52 FEET: S 14° 49' 12" E. 29.69 FEET; N 77° 32' 14" E. 25.11 FEET: S 14° 29' 47" E. 20.21 FEET; S 61° 17' 45" E. 95.88 FEET; S 46° 51' 38" E. 23.04 FEET; S 66° 10' 55" E. 20.60 FEET: N 53° 34' 49" E. 39.07 FEET: N 05° 16' 20" W. 30.81 FEET: S 33° 15' 33" E. 28.17 FEET; N 23° 01' 35" W. 29.52 FEET; N 39° 55' 22" E. 57.35 FEET; N 20° 44' 53" W. 43.84 FEET; N 51° 21' 23" E. 26.85 FEET; N 12° 11' 51" W. 30.37 FEET; N 34° 08' 23" E. 28.17 FEET; N 25° 13' 23" E. 29.26 FEET: N 39° 55' 22" E. 57.35 FEET; N 45° 27' 02" E. 24.57 FEET: N 51° 21' 23" E. 26.85 FEET; N 35° 10' 44" E. 54.72 FEET; N 09° 11' 23" E. 34.25 FEET: N 05° 58' 11" E. 31.83 FEET; N 56° 44' 26" W. 48.04 FEET; N 14° 12' 21" E. 25.78 FEET: N 47° 17' 46" W. 38.72 FEET. N 24° 11' 46" E. 56.83 FEET: N 35° 41' 20" W. 59.64 FEET; N 38° 06' 00" W. 56.57 FEET; N 05° 28' 05" W. 37.96 FEET; N 31° 50' 41" W. 18.42 FEET: N 66° 41' 54" E. 35.57 FEET; N 17° 22' 25" E. 39.40 FEET: S 70° 40' 48" E. 52.30 FEET; N 41° 43' 09" E. 53.43 FEET: S 57° 44' 29" E. 44.45 FEET: N 47° 21' 35" E. 34.79 FEET; S 64° 17' 24" E. 51.85 FEET; N 29° 13' 43" E. 66.38 FEET: N 67° 54' 16" E. 74.73 FEET: N 62° 08' 53" E. 36.31 FEET: N 74° 06' 35" E. 78.71 FEET; N 39° 40' 34" E. 51.84 FEET: N 35° 53' 00" E. 83.10 FEET; N 33° 21' 18" E. 33.19 FEET: N 14° 49' 13" W. 29.69 FEET; N 58° 19' 29" E. 41.62 FEET: N 05° 34' 14" W. 24.87 FEET; N 72° 34' 03" E. 80.10 FEET; N 63° 53' 00" E. 23.30 FEET; N 08° 08' 47" W. 43.92 FEET; N 84° 26' 00" E. 24.88 FEET: N 15° 24' 29" W. 63.03 FEET; N 55° 27' 29" E. 15.90 FEET: CONTINUING (2) N 04° 31' 53" W. 30.06 FEET: TRACT 1 rnNTTNIITNr. (11 _^ P E LOTO N II�II LAND SOLUTIONS I,. FRISCO ST SUITE 400 ,,ISC0. TX 76I)D 46LLW-1800 ZONING DESCRIPTION OF 169.825 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 (DRAWN BY: MYOST I(-HECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 5 OF 6 00 m 3 a ,n I rt Basis of Bearing is the Texas Coordinate EXHIBIT A System, North Central Zone 4202, NAD 83 "Integral parts of this document" 1. Exhibit - 6 Pages CONTINUED (2) N 08' 58' 27' E. 33.14 FEET: N 40' 45' 52" E. 35.47 FEET: N 56' 45' 35" E. 38.42 FEET: N 64° 26' 42" E. 37.39 FEET: N 84' 32' 10" E. 47.80 FEET: S 82' 34' 52" E. 40.47 FEET: N 74° 41' 40" E. 33.22 FEET: N 65' 06' 07" E. 17.23 FEET: N 87' 26' 35' E. 199.76 FEET: N 50° 27' 49" E. 84.89 FEET: S 86' 14' 01" E. 180.77 FEET: S 66' 06' 30" E. 121.23 FEET: S 33' 51' 22" E. 55.86 FEET: S 78' 33' 36" E. 76.96 FEET: N 87' 53' 47" E. 94.52 FEET: N 85' 46' 30" E. 103.17 FEET: N 36' 50' 04" E. 49.51 FEET: N 11' 13' 42" E. 44.84 FEET: N 45° 27' 02" E. 44.51 FEET: N 76' 24' 32" E. 77.87 FEET: N 59' 59' 01" E. 41.38 FEET: N 16' 38' 06" E. 67.72 FEET: N 09' 54' 22" E. 38.28 FEET: N 05' 34' 15" W. 40.08 FEET: N 38' 19' 31" E. 23.92 FEET: S 89' 33' 35" E. 37.77 FEET: S 75' 31' 42" E. 25.96 FEET: S 26' 07' 59" E. 28.15 FEET: S 66' 22' 07" E. 15.98 FEET: N 24' 53' 31" E. 25.35 FEET: N 22' 11' 13" W. 27.27 FEET. N 17' 12' 57" W. 48.43 FEET: N 29' 08' 47" W. 89.25 FEET: N 38' 51' 33" W. 59.64 FEET: N 05' 54' 08" W. 19.00 FEET: N 52' 28' 24" E. 30.26 FEET: N 88' 47' 41" E. 50.09 FEET: N 62' 23' 29" E. 12T.31 FEET: S 79' 34' 54" E. 183.33 FEET: N 77' 42' 52" E. 116.34 FEET: N 51' 13' 24" E. 1T6.18 FEET: N 84' 21' 34" E. 133.19 FEET: N 29' 25' 35" E. 126.77 FEET: N 64' 02' 03" E. 237.53 FEET: N 82' 05' 51" E. 226.80 FEET: N 77' 07' 09" E. 109.07 FEET: N 45' 32' 03" E. 91.02 FEET. N 58' 52' 55" E. 224.11 FEET TO THE WEST RIGHT-OF-WAY LINI OF CUSTER ROAD (A VARIABLE WIDTH RIGHT-OF-WAY): THENCE S 01' 33' 27" E. 149.18 FEET: THENCE S 30' 40' 25" E. 30.00 FEET: CONTINUING (3) P E LOTO N ��III LAHP SOLUTIONS 11000 FRISCO ST SUITE 400 JOB #: LPD22001 FRISCO. TX 75033 469-213-1800 CONTINUED (3) THENCE S 00' 22' 57" W. 124.21 FEETS THENCE S 89' 57' 33" W. 36.30 FEET: THENCE S 84' 54' 09" W. 61.31 FEET: THENCE S 78' 56' 45" W. 386.85 FEET: THENCE S 68' 20' 48" W. 117.72 FEET: THENCE S 57' 06' 56" W. 32T.70 FEET: THENCE S 57' 54' 57" W. 510.02 FEET: THENCE S 01' 12' 09" W. 121.57 FEET. THENCE S 88' 43' 37" E. 4.85 FEET: THENCE S 37' 12' 42" E. 326.39 FEET: THENCE S 17' 46' 12" E. 480.21 FEET: THENCE S 24' 27' 06" W. 85.13 FEET: THENCE S 24' 43' 38' W. 418.T9 FEET: THENCE S 02' 14' 15" E. 293.83 FEET: THENCE S 12' 39' 33" W. 87.80 FEET: THENCE S 89' 20' 24" W. 110.24 FEET: THENCE S 19' 06' 04" W. 236.78 FEET: THENCE S 05° 48' 40" W. 165.13 FEET: THENCE S 16' 25' 36" E. 275.59 FEET. THENCE S 01' 43' 37" W. 192.92 FEET: THENCE S 07' 47' 37" W. 96.29 FEET: THENCE S 07' 39' 08" W. 128.25 FEET: THENCE S 89' 06' 20" W. 1192.37 FEET: THENCE N 89' 48' 16" W. 2624.74 FEET: THENCE N 00' 03' 59" E. 750.03 FEET TO THE POINT OF BEGINNING AND CONTAINING 7,397,591 SQUARE FEET OR 169.825 ACRES MORE OR LESS. 'This document was prepared under 22 Texas Administrative Code 138.95, 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 prepared." TRACT 1 ZONING DESCRIPTION OF 169.825 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS BY: MYOST ICHECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 6 OF 6 Basis of Bearing is the Texas Coordinate EXHIBIT A System, North Central Zone 4202, NAD 83 "Integral parts of this document" 1. Exhibit - 2 Pages [V M 0 0 w 0) LO O 0 0 z 0 n 310 PROSPER LP VOL. 5823, PG. 3462 0. P. R. C. C, T. S89'48'16"E 1,082.74' 310 PROSPER LP VOL. 5823, PG. 3462 0. P. R. C. C. T. TRACT 2 � SU OvEy � 1 of cT N J$STRA A 24.772 ACRES 1,079,075 SQUARE FEET 0=9'25'27" R=1366.94' L=224.84' Point of CH=S29'18'13"E 224.58' Beginning 1- U.S. HIGHWAY 380 N89'23'12"W 1,195.55' is== P E LOTO N Affi—i LAND SOLUTION$ 11000 FRISCO ST SUITE 400 FRI SCO. TX 75033 469.213.1900 N Wes E 0=33'46'54" h R=416.49' L=245.56' CH=S26'03'40"W 242.02' 0=30'08'03" ,,— R=230.00' L=120.97' CH=S5'53'49"E 119.58' 0=18*31'14" _ ' o R=418.54' L=135.29' J o U CH=S1 1'42'14"E 134.70' = N 0 0=22'08'52" �NO "'—R=230.00' L=88.91Co CH=S13'31'04"E 88.35' 0=33' 15'34" R=270.00' L=156.73' CH=S17'23'10"E 154.54' S00'45' 23"E 116.94' TRACT 2 ZONING DESCRIPTION OF 24.772 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 !DRAWN BY: MYOST +CHECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 1 OF 2 Basis of Bearing is the Texas Coordinate EXHIBIT A N System, North Central Zone 4202, NAD 83 �1• "Integral parts of this document" 3 1. Exhibit - 2 Pages z 0 0 is -o- fl rn w n N O N N 01 O O 7 0 a 1n 0 C O n' BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY. TEXAS, AND BEING PART OF A TRACT OF LAND TO 310 PROSPER LP RECORDED IN VOLUME 5823. PAGE 3462, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID 310 PROSPER LP TRACT AND BEING IN THE NORTH RIGHT—OF—WAY LINE OF U.S. HIGHWAY 380 (A VARIABLE WIDTH RIGHT—OF—WAY): THENCE N 000 03' 59" E. 1005.32 FEET: THENCE S 890 48' 16" E. 1082.74 FEET TO THE BEGINNING OF A NON —TANGENT CURVE TO THE LEFT: THENCE WITH SAID NON —TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 245.56 FEET, THROUGH A CENTRAL ANGLE OF 330 46' 54", HAVING A RADIUS OF 416.49 FEET, AND A LONG CHORD WHICH BEARS S 260 03' 40" W. 242.02 FEET TO THE BEGINNING OF A NON —TANGENT CURVE TO THE LEFT: THENCE WITH SAID NON —TANGENT CURVE TO THE LEFT. AN ARC DISTANCE OF 120.97 FEET. THROUGH A CENTRAL ANGLE OF 300 08' 03". HAVING A RADIUS OF 230.00 FEET, AND A LONG CHORD WHICH BEARS S 050 53' 49" E. 119.58 FEET TO THE BEGINNING OF A NON —TANGENT CURVE TO THE RIGHT: THENCE WITH SAID NON —TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 135.29 FEET, THROUGH A CENTRAL ANGLE OF 180 31' 14", HAVING A RADIUS OF 418.54 FEET, AND A LONG CHORD WHICH BEARS S 110 42' 14" E. 134.70 FEET TO THE BEGINNING OF A NON —TANGENT CURVE TO THE LEFT: THENCE WITH SAID NON —TANGENT CURVE TO THE LEFT. AN ARC DISTANCE OF 88.91 FEET, THROUGH A CENTRAL ANGLE OF 220 08' 52", HAVING A RADIUS OF 230.00 FEET, AND A LONG CHORD WHICH BEARS S 130 31' 04" E. 88.35 FEET TO THE BEGINNING OF A NON —TANGENT CURVE TO THE LEFT: THENCE WITH SAID NON —TANGENT CURVE TO THE LEFT. AN ARC DISTANCE OF 224.84 FEET, THROUGH A CENTRAL ANGLE OF 090 25' 27". HAVING A RADIUS OF 1366.94 FEET. AND A LONG CHORD WHICH BEARS S 290 18' 13" E. 224.58 FEET TO THE BEGINNING OF A NON —TANGENT CURVE TO THE RIGHT: THENCE WITH SAID NON —TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 156.73 FEET, THROUGH A CENTRAL ANGLE OF 330 15' 34". HAVING A RADIUS OF 270.00 FEET. AND A LONG CHORD WHICH BEARS S 170 23' 10" E. 154.54 FEET: THENCE S 000 45' 23" E. 116.94 FEET TO THE NORTH RIGHT—OF—WAY LINE OF SAID U.S. HIGHWAY 380: THENCE N 890 23' 12" W. 1195.55 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,079,075 SQUARE FEET OR 24.772 ACRES MORE OR LESS. "This document was prepared under 22 Texas Administrative Code 138.95, 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 prepared." `^ P E LOTO N �1,II LAND SOLUTIONS 11000 FRISCO ST SUITE 400 F RISCO, TX 75033 469-213-1800 TRACT 2 ZONING DESCRIPTION OF 24.772 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 (DRAWN BY: MYOST ICHECKED BY: SRAMSEY I DATE: 4/13/2022 I PAGE #: 2 OF 2 Z 30 l :# 3OVd 1 ZZOZ/17M, 31V01 k3SNV'JS :.19 El H m 2 X W n a� co o C z O N U O +� N o E x (L) 0 N C U F O O N m y m C �+ 01 N 0 m U O N c o L o o ,� m z n-0 o E w N N N v >. M N = 1SOhN :X9 NMVd(li LQOZZQd1 .# 90r OOOL-ELZ-696 EEOSL%1'flOM%( OOV3iins•isoosia3oo LL SNOilfllOS QNV'j ,O L'000` L 3„O-V,£9.00S O O o N � o� O � J � W � � co ~ ;OU =NU ItQ Q:: ct 00 �NO Q c LO . . 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Z J • Z Z Z Z Z X N 0 W W e0 W O Q W W W LJ 0 Oi W 0 N W W W W W W W O r W LL 2 2'T W x Z N x LL O 2 LL W 2 Z 2 Z V' 2 x x 2 x CD mFN00 CO F F Mm F QN F OF F O W F Q F QN F F F F FM V _ LLJ ry 0 U Q N v c U-) c c c— p o Z cu rn fr F Q IL U0_ W N LL. aa~ O Q O m (if �ZQa? LL ~ U OU a w ~ > r U Z U J O U) O U LLJ O C) Z Z O N ° :7 Vl >, �O'O L0)•- 0 C !n E a� Qom._= aw Q C M N- 9) awm°�. U) ❑ w C x00-.2W F 0 >.- a O. N>>a.3N N0C ❑� 3 O� m = U•� Cam. V �.-ID 0 m W 0 '(} aft q) Vl N � �w7OC L 0.0000Q E!) C y-• V O •m 3 ai °0C>'w'� 0m47a�v! 701CO-O Om ❑ ar+' N_71>y.a s1 L L� � F❑ 0 V)L U N C) . Q Z E LL N W d m F mBasis of Bearing is the Texas Coordinate EXHIBIT A System, North Central Zone 4202, NAD 83 "Integral parts of this document" 3 1. Exhibit - 2 Pages Z 0 —Point of Beginning N O N N O O 0 7 r 0 C o_ 1n 0 C 0 1!1 00 6 04 O 0 LO 0 0 z f P E LOTO N FIII� LAND SOLUTIONS 11000 FRISCO ST. SUITE 400 FRISC0. TX 750M AS9-217.1800 N89'06'20"E 1,192.37' LOTS 1, 2, & 3, BLOCK A BROOKHOLLOW APARTMENTS lnst.# 202107270100027JO 0. P.R. C. C. T. TRACT 4 Ugjf'Y LOT 1 xoR CT NO- - J5TgA A 25.177 ACRES 1,096,711 SQUARE FEET N 75'45'09"W. 48.83' LOT 3 LOT 2 1 U.S. HIGHWAY 380 S89'19'05"W 755.54' - S74*23'05"W 87.50' S89'18'22"W 178.07' N W E S a 150 300 GRAPHIC SCALE IN FEET S07'52'00"W 248, 46' S11'07'49"E 462.71' S74'23'05"W 3.50' TRACT 4 ZONING DESCRIPTION OF 25.177 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS JOB #: LPD22001 IDRAWN BY: MYOST ICHECKED BY: SRAMSEY I DATE: 4/13/2022 1 PAGE #: 1 OF 2 Basis of Bearing is the Texas Coordinate EXHIBIT A N System, North Central Zone 4202, NAD 83 N i, "Integral parts of this document" r,�r 3 1. Exhibit - 2 Pages 1, W�=` E Z 0.. J.ir C S A o; 0 150 300 w GRAPHIC SCALE IN FEET IT N O N N 73 0 a r '0_ 1n 0 C o' (/1 BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND TO BROOKHOLLOW APARTMENTS RECORDED IN INSTRUMENT NUMBER 20210727010002730, OFFICIAL PUBLIC RECORDS. COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BROOKHOLLOW APARTMENTS TRACT AND BEING IN THE NORTH RIGHT—OF—WAY LINE OF U.S. HIGHWAY 380 (A VARIABLE WIDTH RIGHT—OF—WAY); THENCE N 000 53' 40" W. 1025.84 FEET: THENCE N 890 06' 20" E, 1192.37 FEET; THENCE S 070 52' 00" W, 248.46 FEET; THENCE S 260 57' 16" W. 359.64 FEET: THENCE S 110 07' 49" E. 462.71 FEET TO SAID NORTH RIGHT—OF—WAY LINE OF SAID U.S. HIGHWAY 380; THENCE S 740 23' 05" W, 3.50 FEET: THENCE S 890 19' 05" W, 755.54 FEET; THENCE N 750 45' 09" W. 48.83 FEET. THENCE S 740 23' 05" W. 87.50 FEET: THENCE S 89' 18' 22" W. 178.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.096.711 SQUARE FEET OR 25.177 ACRES MORE OR LESS. "This document was prepared under 22 Texas Administrative Code 138.95, 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 prepared." PE LOTON LAND SOLUTIONS 11000 FRISCO ST SUITE 400 JOB* LPD22001 FRI8CO. TX 75033 469-213-1800 TRACT 4 ZONING DESCRIPTION OF 25.177 ACRES J. HORN SURVEY, ABSTRACT NO. 411 CITY OF PROSPER COLLIN COUNTY, TEXAS BY: MYOST IC NECKED BY: SRAMSEY (DATE: 4/13/2022 1 PAGE #: 2 OF 2 :li:f E 11�'.�ii STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to rezone the remaining single-family components of PD-86 to accommodate a high -quality, gated, single-family neighborhood with a design that takes advantage of the trees, creeks, and rolling topography. The subdivision design utilizes a spine road to define the boundary between custom homes on the larger lots and upper end production homes located on smaller lots. The PD also restates the development standards for the mixed use component of PD-86 while prohibiting certain deed restricted uses. While a vast majority of the base development standards contained within PD-86 have been carried over to this new PD, modifications include: Residential (Tract 1) • Redistributing and redefining the residential density and lot sizes currently permitted in PD-86 by restricting the existing minimum lot sizes of 7,000 square feet and 9,000 square feet to the production home area located south and east of the spine road and requiring the lots in the custom home area located north and west of the spine road to be a minimum of at least 15,000 square feet; • Establishing two levels of architectural design standards — one for the production home area located east of the spine road and one for the custom home area located west of the spine road; • Allowing lots to back to ]tutherlbrd Branch in accordance with the concept plan; and • Restating all current applicable development standards. Mixed -Use +~'Tracts 23, and 4) • Creating three mixed -use tracts that are reflective of current property ownership; ■ Restating all current applicable development standards applicable to Tracts 2, 3, and 4; • Prohibiting the development of multi -family residential and single-family residential uses in Tract 3 (townhomes and commercial uses remain as permitted uses) to be consistent with deed restrictions; and • Prohibiting the development of townhome and single-family residential uses in Tract 4 (multi -family and commercial uses remain as permitted uses) to be consistent with deed restrictions. Exhibit B DEVELOPMENT STANDARDS Single -Family Residential Tract I (169.8+ acres) General Description. The development standards set forth for the Single -Family Residential Tract of this Planned Development District are intended to guide the development of a gated neighborhood with private streets containing custom single-family residential homes on the west side of the spine road and upper end production homes on the east side of the spine road. Development standards for these housing types are outlined below. Unless otherwise specified below, the Single -Family Residential Tract shall develop under the standards contained in the Town's Zoning Ordinance, as it exists or may be amended. 2. Allowed Uses. Land uses permitted within the Single -Family Residential Tract 1 are as follows: a. Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. b. Churches / rectories c. Civic facilities d. Electronic security facilities, including gatehouses and control counter e. Fire stations and public safety facilities f. Gated communities with private streets (developed to Town Standards) g. Private Recreation Center/Amenity Center h. Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat i. Single family residential uses as described herein j. Schools — public or private k. Golf Course for Country Club (including clubhouse, maintenance facilities, on- course food and beverage structure, and on course restroom facilities.) 1. Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. m. Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. n. Utility distribution lines and facilities. o. Other uses as permitted in the SF-10 District. 3. Lot Types. Type A, B, an C lots may be developed within the Single -Family Residential Tract. The development standards for the Type A, B, and C lots are listed below. Tyne A T.jUe B T.yge C Minimum Lot Area (sq ft) 15,000 9,000 7,000 Maximum Lot/Building Coverage (%) 50 50 60 Exhibit C - Page 1 of 15 Minimum Lot Width (ft) 80 70 55 Note: The minimum width of any lot shall not be less than as shown in the following table as measured 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 reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. Minimum Lot Depth (ft) Minimum Front Yard (ft) 125 125 125 25 20 20 Note: The minimum front yard may be reduced by ten feet in the following circumstances provided the minimum front yard is no less than 15 feet. 1. For an outside swing -in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet and the height of the garage does not exceed one story; or 2. For a non -enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or 3. For a non -enclosed porch and the main structure provided: a. The height of the main structure does not exceed one story; b. The porch has a minimum dimension of seven feet in depth measured from stud to the front edge of the porch floor and a minimum width of 20 feet; and C. The minimum front yard for a front entry garage is increased one foot for every one foot the minimum front yard for the main structure is reduced. Note: Staggered lot setbacks are not required. Minimum Side Yard (ft) 7 Note: The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. Minimum Rear Yard (ft) 20 20 20 Note: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with "C-shaped" houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. Maximum Building Height 2'/2 stories not to exceed 45 feet Note: Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. Minimum Dwelling Area (sq ft) 3,500 2,500 2,200 4. Location and Maximutn Number of Lot Types. All lots located north and west of the spine road as depicted on Exhibit D shall be developed to Type A standards. A maximum of 105 Type B lots and 145 Type C lots are permitted south and east of the spine road as depicted on Exhibit D. The overall density of Tract 1 shall not exceed 3.0 units per acre. 5. Architectural Standards. a. The architectural standards contained in Exhibit C-1 are applicable to all lots located west of the spine road. b. The architectural standards contained in Exhibit C-2 are applicable to all lots located east of the spine road. 6. General Conditions. Other general development requirements and standards for the Single - Family Residential Tract include the following. a. Required_ PaEkin& A minimum of four (4) off-street concrete parking spaces shall be Exhibit C - Page 2 of 15 provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage of at least four hundred (400) square feet. 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 "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. b. Screening and Buffering- Lots backing to the central spine road shall be screened by a combination of trees, shrubs and a screening fence or wall located within a fifteen (15) foot landscape edge. All turf and landscaping areas will be irrigated. Screening fences shall be black tubular steel and walls shall be of double-faced brick or stone construction. Screening walls consisting of thin -wall brick shall not be allowed. Trees and shrubs shall be provided in accordance with the requirements of the Town's Subdivision Ordinance, as it exists or may be amended. Concept flan: A Concept Plan is hereby attached as Exhibit "D" and made a part of the ordinance. It establishes the most general guidelines for the district by conceptually illustrating the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, parks, and open space. Dimensions and acreages shown on Exhibit "D" are approximations and may be modified at the time of final platting. Minor deviations to the Concept Plan are permitted without amending this Ordinance provided that the Concept Plan still meets the purpose and intent of this Ordinance. The following changes are not considered major deviations from the Preliminary Plan: i. Changes that do not alter the basic relationship of the proposed development to adjacent properties; ii. Changes that retain the character of the development; iii. Changes to the roadway plan that do not significantly deviate connections to adjacent properties or the adjacent major thoroughfares; iv. Changes that do not degrade vehicle access and traffic circulation, pedestrian access and safety, emergency services provision, utility system effectiveness, drainage, and tree protection; V. Changes that do not increase the density, setbacks, height, or coverage of the site; and/or vi. Changes that are made to accommodate engineering considerations such as drainage, tree preservation, utility system configuration, or franchise utility infrastructure. Major changes in the Concept Plan shall be considered the same as amendments to the Zoning Ordinance and shall be processed accordingly. Exhibit C - Page 3 of 15 d. Streets: The residential streets shall consist of a fifty -foot -wide right-of-way with a thirty- one -foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley - served, residential streets shall consist of a fifty -foot -wide right-of-way with a thirty -one - foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. Entry streets shall be designed within a sixty -foot -wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. e. Sidewalks: Opposed to constructing sidewalks along both side of the spine road, a single, eight -foot -wide sidewalk (meandering where possible) may be constructed. All other sidewalks shall be located and constructed in accordance with Town standards. F. Landscaping Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each residential lot. 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. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper -inch requirement, this requirement may be waived by the Town Building Official. ii. Side Yard adjacent to.a Street: Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and 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. iii. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such 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 planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). g. Park Dedication —Requirements: Unless modified by a development agreement with the Town, the development of Tract 1 shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage or one acre per 35 residential units, whichever is greater, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve Exhibit C - Page 4 of 15 areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with the Town's Subdivision Ordinance subject to approval of the Parks and Recreation Board and/or Town Council. All other aspects of park dedication shall comply with the Subdivision Ordinance as it presently exists or may be amended, unless modified by a development agreement with the Town. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board and/or Town Council. h. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. i. _Adjacency to Major Creeks, Floodplains, and Open Space: Development within the Single - Family Residential Tract shall not be required to comply with the creek frontage requirements contained within Section 10.03.146 of the Town's current Subdivision Ordinance. In addition, 100-year floodplain may be platted within single family lots. However, any floodplain contained within a single-family lot shall be designated on the final plat as an HOA Drainage, Floodway, and No -Build Easement to indicate that no dwelling unit or any other structure that may obstruct the natural flow of storm water may be constructed within the floodplain. General maintenance of vegetation and removal of ordinary trash and debris located within the HOA Drainage, Floodway, and No -Build Easement shall be the responsibility of the lot owner. The HOA shall keep the HOA Drainage, Floodway, and No -Build Easement clean and free of large debris that would obstruct the flow of water. Mixed -Use Tract 2 24.8+ acres). Tract 3 36.2+ acres and 'i'ract 4 25.2+ acres General Description: The mixed -use area (shown as Tracts 2, 3, and 4 on Exhibit D) of this Planned Development allows the development of both residential and non-residential land uses. The residential land uses are intended to supply higher density housing types to provide a buffer between the less intense residential development and U.S Highway 380 and more intense retail and commercial land uses. Non-residential land uses such as office, retail, restaurant, service, and/or commercial uses are intended to supply and serve the surrounding and nearby residential areas. Specifically, Tract 2 is limited to the development of office, retail, restaurant, service, and/or commercial uses; Tract 3 allows for the development of townhouse, office, retail, restaurant, service, and/or commercial uses; and Tract 4 allows for the development of multi -family residential, office, retail, restaurant, service, and/or commercial uses. Development standards for Tracts 2, 3, and 4 are listed below. 2. Townhouse Uses: Townhouse units shall be allowed within Tract 3. A maximum of ten units per gross acre of land shall be allowed within the mixed -use area up to a maximum of 250 townhouse units. If portions of the designated mixed -use area are developed with townhouse residential housing types, they shall be developed in accordance with the following requirements. a. Exterior Facade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior Exhibit C - Page 5 of 15 wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. b. Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u- turn movements back onto a public street. c. Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. d. Residential development intensity; Development intensity shall be in accordance with the following table: Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0' Min. Side Setback (corner lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of stories* 48' / 3 Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. Multifamily Uses: Multi -family units shall be allowed within Tract 4. A maximum of fifteen units per gross acre of land shall be allowed up to a maximum of 300 multi -family units within the mixed -use area. If portions of the designated mixed -use area are developed with multi- family residential housing types, they shall be developed in accordance with the following requirements. a. Required Parking: Parking requirements for multi -family development shall be one and one-half spaces per one -bedroom unit, two spaces per two -bedroom unit, two and one-half spaces per three -bedroom unit and one-half space per each additional bedroom per unit. The total required number of spaces for any multi -family development shall not be less than 1.8 spaces per dwelling unit. b. Exterior Facade Building Materials: All buildings within a multi -family development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of Exhibit C - Page 6 of l5 fifteen percent of the total exterior wall surfaces. c. Controlled Access: All multi -family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular U- turn movements back onto a public street. d. Oven Space Requirements: Each lot or parcel developed for multi- family uses shall provide useable open space, as defined in the Town's Zoning Ordinance, equal to thirty percent of the total multifamily acreage. e. CZeside;itial development intensity: Development intensity shall be in accordance with the following table: Development Requirement Multi -family Max. Gross Density 15.0 du/ac Min. Lot Area 10,000 sq. Min. Lot Width 80' Min. Lot Depth 120' Min. Front Setback 25' b Min. Rear Setback 15' b Min. Side Setback (interior lot) 15' Min. Side Setback (corner lot) 25' b Min. Side Setback (key lot) n/a Max. Lot Coverage 50% Min. Floor Area / Dwelling Unit 650 sq. ft. Max. Building Height / No. of stories* 48' / 3 Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 4. Non-residential uses 1. Allowed Uses: Non-residential land uses allowed within the mixed -use area are uses that are permitted in the Neighborhood Service, Office, and Commercial Corridor districts, listed in the Town's Zoning Ordinance. Additional allowed uses include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. ■ Post Office Facilities. • Research and Development Center. ■ Winery. • Optical Stores — Sales and Services. ■ Mini -Warehouses Shall be allowed by SUP. Exhibit C - Page 7 of 15 2. Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed- use area as required by the Town's Zoning Ordinance. Exterior Fagade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4. Commercial development intensity: Development intensity for non- residential land uses shall be as follows: i. Floor Area: The allowable floor area of buildings within the mixed -use area shall be unlimited, provided that all conditions described herein are met. ii. Lot Area: The minimum lot area shall be 10,000 square feet. iii. Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. iv. Lot Width: The minimum width of any lot shall be fifty feet. V. Lot Depth: The minimum depth of any lot shall be ninety feet. vi. Front Yard: The minimum depth of the front yard shall be thirty feet. vii. Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty- four -foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot side yard is required adjacent to property zoned for single-family residential uses. viii. Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty- four -foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot rear yard is required adjacent to property zoned for single-family residential uses. ix. Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. Exhibit C - Page 8 of 15 X. Open Space Requirement for Non -Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. General Conditions a. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including the Town's Zoning Ordinance and the Town's Subdivision Ordinance, as they exist or may be amended. All rights -of -way as specified in the Town's Transportation Plan will be deeded to the Town at the time of development with the Final Plat. b. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with the Town's Zoning Ordinance as it exists or may be amended. c. Buffering Adjacent to .Major Thoroughfares; Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. d. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan e. Concept Plan: A Concept Plan is hereby attached as 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, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit D are approximations and may be modified at the time of final platting. f. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road and University Drive (U.S. 380) shall be subject to the TxDOT review process as required. g. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building facade, trim, or roof surface. Exhibit C - Page 9 of 15 LXHIBIT "C-I" ARCHITECTURAL DESIGN STANDARDS FOR SINGLE-FAMILY WEST 1. ARCHITECTURE: The exterior of homes shall be designed to be reflective of a traditional architectural style such as French Country or Provincial, English Cottage, Colonial, Tudor, Tuscan, Texas Hill Country/Texas Tuscan, Mediterranean, or Spanish. Transitional interpretations of the aforementioned architectural styles will also be permitted. Modern architecture is prohibited. While a variety of architectural styles are permitted, architectural continuity shall be provided through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. Use of features such as the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details shall be used to individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. With the exception of dormers and Mediterranean or Spanish style homes constructed of stucco, exterior materials shall be 100% masonry (brick, stone, and cast stone) on all walls visible from any street and 80% masonry on each individual non -visible side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. With the exception of Transitional homes, all window headers and sills which are visible from the street or common areas shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6" of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets and publicly accessible open space shall be casement divided lite windows. 2.4. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.5. A uniform house number style, house number locations, and mailbox style will be selected by the developer and implemented by the homebuilders. Exhibit C - Page 10 of 15 2.6. Stone selections shall be either Granbury, Millsap, Leuders, Limestone, Auston Chalk, or similar as approved by the developer. 2.7. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.8. Electrical meters shall be screened from the view of the street or common areas by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs for French Country / European architectural style homes shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Roof sections of less pitch are permitted for Texas Tuscan / Texas Hill County and Transitional architectural style homes. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, imitation slate shingles, clay or concrete tile, or composition 30-year laminated shingles. 3.3. Roof forms shall be limited to gables, hip, Dutch hip or gable, or shed (in conjunction with Texas Hill Country homes). 4. WALLS / FENCING / SCREENING: 4.1. The following fence requirements are applicable to single-family lots. a Front: Fences extending across the front side yard from the home to the side property line shall be a six-foot (6') black wrought iron or tubular steel fence. Masonry wing walls may also be used. Where the front yard fence intersects with the side yard fence, a decorative metal corner column shall be constructed. The height of the corner column shall be twelve (12) to eighteen (18) inches greater than the fence and the width of the corner column shall be ten (10) to twelve (12) inches. b. Side: Fences constructed along side property lines between lots shall be board -on -board, stained, and weather -treated with steel posts and be a minimum of six-foot (6') in height. However, a six-foot (6') length of black wrought iron or tubular steel fence shall be constructed to serve as a transition between the side yard wood fence and a wrought iron or tubular steel fence constructed across the front side yard or along the rear property line. For corner lots, a side yard fence located adjacent to the street shall be a six-foot (6') black wrought iron or tubular steel fence. Additionally, to provide a living screen with a minimum height of six feet (6) within two (2) growing seasons, minimum five (5) gallon shrubs shall be generally planted on five (5) foot centers along the entire length of the side yard fence. Shrubs shall be selected from the following or similar species: Nellie R. Stevens Holly, Savannah Holly, Wax Myrtle, Wax Leaf Privet/Ligustrum, Photinia, or Elaeagnus. C. Rear: Where a rear yard of one lot abuts the rear yard of another lot, fences shall be board - on -board, stained, and weather -treated with steel posts and be a minimum of six-foot (6') Exhibit C - Page 11 of 15 in height. Where lots back to streets, no fence shall be constructed parallel to a wrought iron or tubular steel fencing along the rear of the lot. d Fencing; Adjacent to Parks, HOA_ Open Space, and/or Hike and Bike Trails_ Where lots side or back to parks, HOA open space, and/or hike and bike trails, fencing abutting the park, HOA open space, and/or hike and bike trail shall be a four -foot (4') black wrought iron or tubular steel fence. The design of the fence shall be selected by the developer and implemented by the homebuilders. e. Fence Height Transitions: Where side yard fences intersect with front or rear yard fences, fences of different heights shall be transitioned so that the fences are the same height where the fences intersect. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material, a redwood or cedar fence, or landscaping. 4.4. Retaining walls built or abutting front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar -jointed brick matching the residence or mortar - jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. GARAGES / DRIVEWAYS / WALKWAYS: All front entry driveways and sidewalks and steps leading from the public sidewalk or front driveway to the front door shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate with brick or stone borders, or stamped or salt finished concrete with brick or stone borders. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5" caliper live oak or red oak tree for every 35' of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Exhibit C - Page 12 of 15 FXHIBIT "C-2" ARCHITECTURAL DESIGN STANDARDS FOR SINGLE-FAMILY EAST 1. ARCHITECTURE: Architectural continuity is to be provided through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. EXTERIOR MATERIALS & DETAILING: 2.1. With the execution of dormers and stucco homes, exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 22 The entire structure shall be guttered with downspouts. Gutters shall not drain across property fines. 23. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.4. A uniform house number style, house number locations, and mailbox style will be selected by the developer and implemented by the homebuilders. 2.5. Stone selections shall be either Granbury, Millsap, Lenders, Limestone, Auston Chalk, or similar as approved by the developer. 2.6. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.7. Electrical meters shall be screened from the view of the street or common areas by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Roof sections of less pitch are permitted for Texas Tuscan / Texas Hill County and Transitional architectural style homes. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, imitation slate shingles, clay tile, or composition 30-year laminated shingles. 3.3. Roof forms shall be limited to gables, hip, Dutch hip or gable, or shed (in conjunction with Texas Hill Country homes). Exhibit C - Page 13 of 15 4. WALLS / FENCING / SCREENING: 4.1. The following fence requirements are applicable to single-family lots. a. Front: Fences extending across the front side yard from the home to the side property line shall be a six-foot (6') black wrought iron or tubular steel fence. Masonry wing walls may also be used. Where the front yard fence intersects with the side yard fence, a decorative metal corner column shall be constructed. The height of the corner column shall be twelve (12) to eighteen (18) inches greater than the fence and the width of the corner column shall be ten (10) to twelve (12) inches. b. Side: Fences constructed along side property lines between lots shall be board -on -board, stained, and weather -treated with steel posts and be a minimum of six-foot (6') in height. However, a six-foot (6') length of black wrought iron or tubular steel fence shall be constructed to serve as a transition between the side yard wood fence and a wrought iron or tubular steel fence constructed across the front side yard or along the rear property line. For corner lots, a side yard fence located adjacent to the street shall be a six-foot (6') black wrought iron or tubular steel fence. Additionally, to provide a living screen with a minimum height of six feet (6') within two (2) growing seasons, minimum five (5) gallon shrubs shall be generally planted on five (5) foot centers along the entire length of the side yard fence. Shrubs shall be selected from the following or similar species: Nellie R. Stevens Holly, Savannah Holly, Wax Myrtle, Wax Leaf Privet/Ligustrum, Photinia, or Elaeagnus. c. Rear: Where a rear yard of one lot abuts the rear yard of another lot, fences shall be board -on- board, stained, and weather -treated with steel posts and be a minimum of six-foot (6') in height. Where lots back to streets, no fence shall be constructed parallel to a wrought iron or tubular steel fencing along the rear of the lot. d Fencing Adjacent to Parks, HOA Qpen Space, and/or Hike and Bike Trails: Where lots side or back to parks, HOA open space, and/or hike and bike trails, fencing abutting the park, HOA open space, and/or hike and bike trail shall be a four -foot (4') black wrought iron or tubular steel fence. The design of the fence shall be selected by the developer and implemented by the homebuilders. e. Fence Height Transitions: Where side yard fences intersect with front or rear yard fences, fences of different heights shall be transitioned so that the fences are the same height where the fences intersect. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material, a redwood or cedar fence, or landscaping. 4.4. Retaining walls built or abutting front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar -jointed brick matching the residence, or mortar - jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 3. GARAGES / DRIVEWAYS / WALKWAYS: All front entry driveways and sidewalks and steps leading from the public sidewalk or front driveway to the front door shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, or stamped or broom finished concrete with brick or stone borders. Exhibit C - Page 14 of 15 4. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 5. TREES: Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks in the front yard. In addition to the 2 required front yard trees, a minimum of two 4" caliper live oaks or red oaks shall be planted in each side yard space that abuts a street. Exhibit C - Page 15 of 15 � D►:� 111:3f1 l�ii 1� CONCEPT PLAN Exhibit D DEVELOPMENT SCHEDULE The anticipated development schedules for the property contained within this PD are: • Single -Family Tract 1 — commencement of first phase immediately upon Town approval of zoning, plat, and construction plans • Mixed -Use Tract 2 — one to two years ■ Mixed -Use Tract 3 — one to two years • Mixed -Use Tract 4 — commencement upon Town approval of construction plans Dates are approximate and are subject to change due to external forces such as market conditions. Exhibit E