O-2023-62 Rezoning 73.4 Acres from AG, PD-40 & SF12.5 to PD-SF Prosper Trail & Teel Pkwy Prosper HillsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-62
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROPSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 73.4 ACRES, MORE OR LESS, SITUATED IN THE
NETHERLY SURVEY, ABSTRACT NO. 962, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, FROM AGRICULTURE (A), A PORTION OF
PLANNED DEVELOPMENT-40 (PD-40), AND A PORTION OF SINGLE-FAMILY
12.5 (SF-12.5) TO PLANNED DEVELOPMENT-123 (PD-123), DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request (Case Z21-
0010) from Prosper Hills, LLC ("Applicant"), to rezone 73.4 acres of land, more or less, Netherly
Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, and being more
particularly described in Exhibit "A," attached hereto and incorporated herein for all purposes: 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, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town's Zoning Ordinance, The Town's Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 73.4 acres of land,
more or less, in the Netherly Survey, Abstract No. 962, Town of Prosper, Denton County, Texas,
and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as
Planned Development-123 and being more particularly described in Exhibit A and Exhibit B,
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 C; (2) the Development Standards, attached hereto as Exhibit D, all of
which are incorporated herein for all purposes as if set forth verbatim, subject to the following
condition of approval by the Town Council:
Approval of a Development Agreement, including, but not limited to, right-of-way and/or
easement dedication, and architectural building materials.
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 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,
Ordinance No. 2023-62, Page 2
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF SEPTEMBER 2023.
David F. Bristol, Mayor
ATTEST:
)J)l Ckutkk S; 6aMj-
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
C— /-Jl-j e�
Terrence S. Welch, Town Attorney
Ordinance No. 2023-62, Page 3
4XNS.
EXH I BIT "A"
Zoning Exhibit
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Ordinance 2023-62
EXHIBIT "B"
Legal Descri Lion for Zoning
73.417 ACRES
BEING a tract of land located in the L. NETHERLY SURVEY, ABSTRACT NO. 962, Denton
County, Texas and being all of that tract of land described in Deed to Prosper Hills, LP, recorded
in Instrument No. 2022-117712, Official Public Records, Denton County, Texas (O.P.R.D.C.T.)
and being all of Lot 1, Block A, SEC TEEL-PROSPER ADDITION, an Addition to the Town of
Prosper, Denton County, Texas, according to the Conveyance Plat of record filed in Cabinet
2022, Slide 310, Official Records, Denton County, Texas (O.R.D.C.T.) and described in Deed to
Prosper Hills LP, recorded in Instrument No. 2022-52292, O.P.R.D.C.T., and being part of that
tract of land described in Deed to Prosper 100 LP, recorded in Instrument No. 2019-21287,
O.P.R.D.C.T., and being mote particularly described as follows:
BEGINNING at a 1/2" iron rod found at the northeast corner of said Prosper Hills, LP tract and
the northwest corner of said Prosper 100 LP tract;
THENCE S 000 12' 38" W, along the east line of said Prosper Hills, LP tract and the west line of
said Prosper 100 LP tract, passing a 1/2" iron rod found at a distance of 19.14 feet, and
continuing in all for a total distance of 805.79 feet to a point for corner;
THENCE Leaving said east line of said Prosper Hills, LP tract, over and across said Prosper 100
LP tract, the following six (6) courses and distances:
S 301 13' 29" E, a distance of 98.75 feet to a point for corner;
S 151 33' 55" E, a distance of 92.94 feet to a point for corner;
S 1911 11' 38" E, a distance of 92.93 feet to a point for corner;
S 200 33' 12" E, a distance of 93.06 feet to a point for corner;
S 151 53' 05" E, a distance of 74.81 feet to a point for corner;
S 001 27' 40" W, a distance of 243.63 feet to a point for corner on the south line of said
Prosper 100 LP tract and the north line of Lot 3, Block X, ARTESIA NORTH PHASE 2, an
Addition to Denton County, Texas, according to the Plat of record filed in Cabinet 2017,
Slide 164, Plat Records, Denton County, Texas (P.R.D.C.T.);
THENCE N 890 32' 20" W, along the north line of said Addition, a distance of 712.65 feet to a
point for an interior ell corner of said Prosper Hills, LP tract and the northwest corner of said
Addition;
THENCE S 000 03' 28" W, a distance of 259.13 feet to a point for corner;
Ordinance 2023-62
THENCE N 890 31' 47" W, a distance of 1,308.00 feet to a point for the southwest corner of
said Prosper Hills, LP tract;
THENCE N 000 08' 41" W, a distance of 149.49 feet to a point for corner;
THENCE N 000 02' 02" E, a distance of 699.00 feet to a point at the beginning of a curve to
the left having a central angle of 280 21' 58", a radius of 1002.46 feet, and a chord bearing and
distance of N 140 12' 49" W, 491.25 feet;
THENCE Along said curve to the left, an arc distance of 496.30 feet to a point on the centerline
of Teel Parkway;
THENCE N 280 23' 48", along said centerline, a distance of 270.09 feet to a point at the
intersection of Teel Parkway and West Prosper Trail;
THENCE N 640 52' 39" E, easterly along the centerline of said West Prosper Trail, a distance of
137.22 feet to a point at the beginning of a curve to the right having a central angle of 100 22'
49", a radius of 800.48 feet, and a chord bearing and distance of N 700 04' 03" E, 144.82 feet;
THENCE Along said curve to the right, an arc distance of 145.02 feet to a point at the
beginning of a compound curve to the right, having a central angle of 040 27' 58", a radius of
800.48 feet, and a chord bearing and distance of N 770 29' 27" E, 62.38 feet;
THENCE Along said compound curve to the right, an arc distance of 62.40 feet to a point at the
beginning of a compound curve to the right, having a central angle of 090 40' 15"1 a radius of
800.48 feet, and a chord bearing and distance of N 840 33' 34" E, 134.95 feet;
THENCE Along said compound curve to the right, an arc distance of 135.11 feet to a point;
THENCE N 890 23' 51" E, continuing along said centerline of West Prosper Trail, a distance of
100.77 feet to a point;
THENCE N 890 23' 41" E, a distance of 1,560.15 feet to the POINT OF BEGINNING and
containing 3,198,044.52 square feet, or 73.417 acres of land, more or less.
Ordinance 2023-62
EXHIBIT "T"
Statement of Intent and Purpose for Prosper Hiffs, Town of Prosper, Texas
The purpose of this PD is to allow for the creation of a gated single-family residential
community that reflects the high -quality standards established by the Town of Prosper,
Texas. We anticipate these lots to be developed as individual custom homes. Located
at the southeast corner of Prosper Trail and Teel Parkway, Prosper Hills will be gated
with private streets.
Ordinance 2023-62
EXHIBIT "D"
Prosper Hills
Planned Development District
Planned Development Standards
Conformance with the Town's Zoninci Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town's
Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance
(as it currently exists or may be amended) shall apply.
Prosper Hills — Single -Family Residential
1. General Description: This property may develop, under the standards for
Single Family-10 District as contained in the Town's Zoning Ordinance as it exists
or may be amended, as front entry lot product subject to the specific provisions
contained herein below. There will be no alley -served lots within the property.
The streets will be private streets.
2. Parkland Dedication: Parkland dedication shall be handled via cash in lieu of,
3. Densi : The maximum number of single-family lots shall not exceed 170.
4. Area and building regulations:
Should a discrepancy exist between the City Zoning or Subdivision Ordinance and
the standards within this PD, the language herein shall prevail. The area and
building standards for the single-family lots are as follows:
A. Size of Yards:
1. Minimum Front Yard — 25 feet.
2. Minimum Side Yard — 8 feet; 15 feet on corner adjacent to side street.
3. Minimum Rear Yard — 25 feet.
B. Size of Lots:
1. Minimum Lot Area — 10,000 square feet.
2. Minimum Lot Width — 80 feet as measured along the front setback,
except for lots located on a cul-de-sac, curve or eyebrow which may have
a minimum width of 65' at the front setback provided all other
requirements of this section are met.
3. Minimum Lot Depth — 125 feet, except that up to 20% of the lots may
have a minimum depth of 115 feet.
Ordinance 2023-62
C. Minimum Dwelling Area: 2,400 square feet.
D. Minimum Enclosed Parking (Garage) Area: 400 square feet.
1. Carports shall not be permitted.
2. Front facing garages are permitted to extend beyond the front fagade of
the main structure but may not encroach into the required front yard.
E. Maximum Height: Two and a half stories, no greater than 40 feet.
F. Maximum Lot Coverage: 50%
S. HOA, Open Space and Amenities
A. An amenity area for family -oriented activities shall be provided in the
southern portion of this community. The amenity area shall be completed
prior to the issuance of certificates of occupancy of greater than 50% of the
homes within this community. The program for the amenity area shall
contain a minimum of three (3) elements from the following list and must
contain at least one (1) element from numbers 1-4:
1) Tennis court
2) Pickleball court
3) Basketball court
4) Children's playground facility
5) Shade structure with seating
6) Dog park
7) Bocce ball court
8) Landscape gathering area
9) Grill & picnic area
10) Convenience parking
B. A 6' minimum width meandering trail shall be constructed along the southern
portion of the community from Teel Parkway to the amenity area and from
the amenity area to the street connection to the east.
C. This community shall be annexed into the HOA of the adjacent Park Place
community to the east.
1. The amenities in both communities may be utilized by residents from both
communities.
2. The amenity center within the Park Place community shall be completed
prior to issuance of certificate of occupancy of greater than 50% of the
homes within this community.
Ordinance 2023-62
EXHIBIT "E"
Concept Plan
PAPS-0AWSON `PR'OSPER HR.S
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Ordinance 2023-62