13-62 O - Rezone 12.3 acres along Future Windsong Parkway to Amend PD-40, Exhibit C, Windsong Ranch Amenity Center (Z13-0017) TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-62
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 12.291 ACRES, MORE OR LESS, SITUATED IN THE H.P. SALING
SURVEY, ABSTRACT NO. 1628, THE L. SALING SURVEY, ABSTRACT NO.
1675, AND THE J. BATES SURVEY, ABSTRACT NO. 1620, IN THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT-40 (PD-40) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-40 (PD-40);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas, (the "Town Council") has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas, ("Prosper") has received a request from TVG
Texas I, LLC ("Applicant") to rezone 12.291 acres of land, more or less, situated in the H.P.
Saling Survey, Abstract No. 1628, L. Saling Survey, Abstract No. 1675, and the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findinqs Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 08-030. Zoning
Ordinance No. 05-20 and Ordinance No. 08-030 is amended as follows: The zoning designation
of the below-described property containing 12.291 acres of land, more or less, situated in the
H.P. Saling Survey, Abstract No. 1628, L. Saling Survey, Abstract No. 1675, and the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, (the "Property") and
all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Planned Development-40 (PD-40). The property as a whole and the boundaries for each
zoning classification are more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the planned development standards,
attached hereto as Exhibit "C" and; 2) the conceptual elevations, attached hereto as Exhibit "F",
which are incorporated herein for all purposes as if set forth verbatim. Except as amended by
this Ordinance, the development of the Property within this Planned Development District must
comply with the requirements of all ordinances, rules, and regulations of Prosper, as they
currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building 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.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Ordinance No.13-62,Page 2
SECTION 6
Severabilitv. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF DECEMBER, 2013.
Ray Smith, Mayor
ATTEST:
C
R byn Ba le, TTU-necre-tiarvy
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.13-62,Page 3
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the H.P. Saling Survey,Abstract No. 1628, the J.Saling Survey, Abstract
No. 1675 &the J. Bates Survey, Abstract No. 1620,Town of Prosper, Denton County,Texas, the subject
tract being a portion of a tract of land conveyed to TVG Texas I, LLC, as recorded in Document No. 2012-
59927, Deed Records,Collin County,Texas,and being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod with plastic cap stamped "SPIARSENG" found at a common corner of
said TVG Texas tract and the northwest corner of a tract of land conveyed to J. Tim Moore etal, as
recorded in Document No. 2009-120341, Deed Records, Denton County, Texas and also being the
beginning of a curve to the right in the east line of Windsong Parkway(60' Proposed Public Right-of-ay);
THENCE along said curve to the right whose chord bears North 02°50'48"West,753.34 feet and through
a central angle of 33°09'37", a radius of 1320.00 feet and an arc length of 763.96 feet to a 1/2 inch iron
rod with plastic cap stamped "SPIARSENG"found;
THENCE North 13°44'01" East for a distance of 114.56 feet to a 1/2 inch iron rod with plastic cap
stamped"SPIARSENG"found at the beginning of a curve to the right;
THENCE along said curve to the right whose chord bears North 19°03'25" East, 161.43 feet and through
a central angle of 10°38'48", a radius of 870.00 feet and an arc length of 161.66 feet to a 1/2 inch iron
rod with plastic cap stamped "SPIARSENG" found at the end of the east line of said Windsong Parkway
which is also at the beginning of a compound curve to the right;
THENCE along said compound curve to the right whose chord bears North 27°44'44" East, 102.14 feet
and through a central angle of 06°43'51", a radius of 870.00 feet and an arc length of 102.20 feet to a
1/2 inch iron rod with plastic cap stamped"SPIARSENG"found;
THENCE North 77°58'30" East for a distance of 20.70 feet to a 1/2 inch iron rod with plastic cap stamped
"SPIARSENG"fouund at the beginning of a curve to the right;
THENCE along said curve to the right whose chord bears South 35°51'40" East, 436.24 feet and through
a central angle of 38°17'41", a radius of 665.00 feet and an arc length of 444.47 feet to a 1/2 inch iron
rod with plastic cap stamped "SPIARSENG"found to a reverse curve to the left;
THENCE along said reverse curve to the left whose chord bears South 44°50'57" East, 400.83 feet and
through a central angle of 56°16'16", a radius of 425.00 feet and an arc length of 417.40 feet to a 112
inch iron rod with plastic cap stamped "SPIARSENG" found at the beginning of a non-tangent curve to
the right;
THENCE along said non-tangent curve to the right whose chord bears South 27°34'35" East, 106.60 feet
and through a central angle of 09°03'30", a radius of 675.00 feet and an arc length of 106.71 feet to a
112 inch iron rod with plastic cap stamped "SPIARSENG"found;
Ordinance No.13-62,Page 4
THENCE South 23°02'50" East for a distance of 187.37 feet to a 1/2 inch iron rod with plastic cap
stamped "SPIARSENG"found at the common corner of said TVG Texas and J.Tim Moore tracts;
THENCE South 67°45'01" West for a distance of 61.71 feet to a 1/2 inch iron rod with plastic cap
stamped"SPIARSENG"found at the beginning of a curve to the right;
THENCE along said curve to the right whose chord bears South 76°28'38" West,464.31 feet and through
a central angle of 17°27'18", a radius of 1530.00 feet and an arc length of 466.11 feet to a 1/2 inch iron
rod with plastic cap stamped "SPIARSENG"found at the beginning of a reverse curve to the left;
THENCE along said reverse curve to the left whose chord bears South 76°21'33" West, 206.09 feet and
through a central angle of 17°41'39", a radius of 670.00 feet and an arc length of 206.91 feet to a 1/2
inch iron rod with plastic cap stamped "SPIARSENG"found;
THENCE South 67°30'43" West for a distance of 67.54 feet to the PLACE OF BEGINNING with the subject
tract containing 535,383 square feet or 12.291 acres of land.
".o F•,r�
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tJAWREN K. BROWN
... ............................ ......
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Ordinance No.13-62,Page 5
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EXHIBIT C - CASE #Z13-0017
Windsong Ranch Phase 1A; Block X Lot 15 of Planned Development- 40
Planned Development District Standards
Except as otherwise set forth in these development standards,the property, as
described in Exhibit A,shall develop under Ordinance No. 08-030, as adopted by the
Town of Prosper Town Council on March 25, 2008.
1.0 Amenitv Projzram
f. Communitv Amenitv Center
a.(C) The Community Amenity Center shall allow Ipe, a Brazilian
hardwood, as an architectural wood veneer which may
encompass an aggregate maximum of 40% of the total exterior
facade of the Community Amenity Center,where as the other
combination of store front glass and chopped limestone will be
a minimum of 60% (see exhibit F). Routine oiling will enhance
and maintain Ipe's aesthetic and mitigate the natural "greying"
of the wood.The facade shall reflect the elevations
conceptually shown on Exhibit F.
WINDSONG RANCH PLANNED DEVELOPMENT AMENDMENT
September 16,2013
Ordinance No.13-62,Page 7
PROJECT
INFORMATION
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WEST ELEVATION(FRONT-FACES WINDSONG PARKWAY)
KEY PLAN
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CASE#Zl 3-0017
WINDSONG RANCH ELEVATIONS
(FACADE PLAN)
PHASE IA ADDITION EXHIBIT"I"'
m 22aE m —
MINOR ELEVATION 1— MINOR ELEVATION 2I MINOR ELEVATION 31 1 MINOR ELE ATION 4 1 LOT 15,BLOCK X P"i—N., 19,11w6a
Del. 4IN81"
MINOR ELEVATIONS(AS INDICATED ON KEY PLAN) 1-11IR-- MM DD.-
04-08-2013 A=