13-09 O - Amending Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening) TOWN OF PROSPER,TEXAS ORDINANCE NO. 13-09
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 10-107; REZONING A TRACT OF LAND CONSISTING
OF 0.291 ACRE, MORE OR LESS, SITUATED IN THE EDWARD BARDLEY
TRIMBLE SURVEY, ABSTRACT NO. 86, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT-2 (PD-2) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-2 (PD-2);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that Zoning Ordinance No. 05-20 and Ordinance No. 10-107 should be
amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Jobe Properties
Ltd. ("Applicant") to rezone 0.291 acre of land, more or less, situated in the Edward Bradley Trimble
Survey, Abstract No. 86, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in
the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set
forth by law, and public hearings have been held on the proposed rezoning and all other requirements of
notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if frilly set forth herein.
SECTION 2: Amendments to Ordinance No. 10-107. Ordinance No. 10-107 is amended as
follows: The zoning designation of the below-described property containing 0.291 acre of land, more or
less, situated in the Edward Bradley Trimble Survey, Abstract No. 86, in the Town of Prosper, Collin
County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Planned Development-2 (PD-2). The property as a whole and the boundaries for each
zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated
herein for all purposes as if set forth verbatim.
The development standards for the Property in this Planned Development District shall conform
to, and comply with the planned development standards, attached hereto as Exhibit "C", 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 Ordinance No.
10-107 and 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 Planned Development District shall be sent to all
property owners within two hundred feet(200')of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal.No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
to make use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not in
conformity with the permissible uses under this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6: 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 repeated to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal
prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 91' DAY OF APRIL, 2013.
APPROVED AS TO FORM:
Ray SmitJ,-Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
i
secretary
DA TE OF P UBLICATION. )( ,' { t ; Prosper Press
=I RGGi
u GRpB. LIN�W n S
M R CNOi= MfcOROG. UN 1EXA5
_ D0; U ENi uuuREq
d1 2 ED ROC MM LLOW PLAS PC
g SIt AMPIm'onA'Fourvo GRAPHIC SCALE 's
- mn ESS OTHERW NOTED) 2O
Paui FBR CORNER
I B) NOTE BA515 OF BEARINGS ARE DERIVED F-
LAT BE WLL01 BGGE PHA3SE—A.
Nwm 1• .a LBCAT(WI Ni—E OOI ODp5T60.
MAP RECCRpS.CCLLIN COUNTY, 3
— MWtt YAP 0
RIAIT
I—INN erMt
LEGAL DESCRIP11CM: xam w-vo-� n-1x15'16' NtR50R'W
BEING q tact ei Tend lac tetl .n the EDWARD B ADLEY 1RIMBt£ 5 r R:111600'
mA�T tAG BB 'a°Hi'. w :iee.ao' Nlemz.w_
as R a s g
ca,°ry,lawoe, wl ui
21,BI x 9 o LLOW RIDGE SE n. Atldlt�un to i6.town° pOINi OF _ N L )nzz
Prosper.Celli°County,I—occo.ding to D,ne PI°t°tnereol recortletl in Oa<ument er,NC Wuow Raba«on CAmU4MYYb'W 17).7A
No 100903300100001 0,MI,E—de,C°IIm county,I.oa,°ne being oIl Pi L°t COMMENCING LOLERS
3X S c!WLLOW RIDGE PHASE FqM B,°.�Aemnan<c<ne iuwu cr rveo-ss o,Y laP W Aro
B
`72`7 n CmntY Tenm pcemamg t°the Pgl lnere°r mc°rtletl,n Document yx vin _ IV O' 'E
910000,10 op Recartla Cd n Ca y iawvs u°d b g am -
Ec"OF— sP Wwt rc wnr PLVIUiIPn-xrz Mr S6 34
p cu y d sc bed°s r°aws ° BEGINNING SLCW_llLl' 61.9{' ._
ZI El PNGa °1/21n r°d/o /that NPC10 `^�^ZY.�\���«��\\ter r���\\� ���.���• �c s
X•51�.5OE'E'1031.51' 4147516'
nm Oeee!o n the -�SBE'SS'DI'W .y R�110.,%r
-OOGSIB'e NtLa 9W R sLCnSEW C
1-111 111,0 e°. PH L�ilO.1T
d Tungais�,os recaraee F OO CM1ad�SSl7N'E 1lO.YR'
volume x918, gat 1953°0 eel Recwtle.C°II�n C y ewPa sz n1 —
• se s1 ss es s. B3 � er ltE veuov m0¢«Pn — I - - -
LLOW RIO E 1PH
..1 1-1.c .. dit�
iHENCEN ne°h°.e m nu ZSeemL.t 2XOBasc
1 ¢w v d ronA ed�eroAe°race 11 1—et
Ana°w ,M1e Weat ° ,3X°pII r
I- d X61 "1i1-I,1, a°�I°.�M°.tm —IT l m
q and d,aten<e oI N 'e d g tt,A'm.°wtes.6 ae<°nda Wea,. M.C<i m Npk — Pa P
-d N NDAA /°und d '<h w ,°d.,Ib aI:R°,I,<<ap Z N cP P°-x K
EN EBN <16 d `Z m °
Y
¢e
o� ew n<
—d Da/° d —1 Tat 1.11,11 11 .
s2 "P'._p
i
p.mmpm roan'r¢wne r«
TEE111 1111h 11 11,111,El—1.11 °a EesL e
6 int
:"';2'
/1
<'ght h°ta eege e`135
o,1-11 90 degrees a2 minutes pe Dods E¢st.18028 feet, 9 �s onc¢
CE 1-t—ly
71s
Bant Olnuing w eO h e tM1
B 11 cal/l slot e°° o w� o wow pcabc cap
EAA f,
s m1 93896 a a EXHIBIT 'A'
a;"A I IB ZONING EXHIBIT
3 :s'°erak e
cE P^sc°F c^d^°^,et ZONING CASE NO.Z13-0005
w 02 4 0 o ina � I 12,657 SQUARE FEET OR p 291ACRES Ild
dc°iydl°w°PG °1at ju` Ka� 20,JN°b C EDWARD BRADLEY TRIMBLE SURVEY,ABSTRACT NO B6
t car°ec ut Lot 66.Black B of acid mttOW g10GC RYA4SPEYAYJI.,� P(913)'3.6-3663 I TOWN OF PROSPER,COEUN COUNtt,TEXAS
R rc TAt - exoa°a
C p...E ro. n ntlam�n, ApP�G TSp i WOWDEY,ANDERSON&ASSOCIATES,INC.
5 e N.-1 Su,.ra aSU SIZ5t1P gCIeeFOmx.$uM ZLO %WW,7du/5093 91Z9SI(I694
ea Ot cacao ee n so ea
e Cord eT 5225 yw g . SMlle 100 5 Rn N
R D 29, Nwe°e <°°t°� g ,6 9 e teat°. PI(911)ie3,-p69a 1 DESCN I p AIN la Ec m1 ADATE Isil rsutED 1 Ex tHEEI
1111 11,1 11 11,IBINT 11 Nso qsR Msu (xot,u2a , m anw,oEe �I
Exhibit C
Willow Ridge Planned Development-2 Amendment
Planned Development Standards
Except as otherwise set forth in these development standards, the property, as described in
Exhibit A, shall develop under Ordinance No. 10-107 as adopted by the Town of Prosper
Town Council on November 23, 2010.
2.06 Thoroughfare Screeninq: Thoroughfare screening shall be provided along future
Lovers Lane (a four-lane divided thoroughfare). The landscaping shall consist of a
continuous row of Eastern Red Cedars, planted on eight (8) foot centers, a minimum of six
(6) feet tall at the time of planting as shown on the attached landscape exhibit. An eight(8)
foot cedar board-on-board wood fence with a common stain color, supported by metal posts
anchored in concrete, shall be constructed along the shared property line of the single family
residential lots and the ten (10) foot open space lot, in place of the required ornamental
metal fence. The wood fence, the required landscaping, and the open space lot shall be
owned and maintained by the Willow Ridge Homeowner's Association (HOA).
MATCH
� . X^
F. ,v.ry
'Y"
'
f
_
MAFCHWfA' h -
�•. ICI III it IjI II II "�
4:� Ili — I' 0.
K r b
r
3r --- ,-. a
X o l sCx LANDSCAPE KEY SHEET
PUNT UST m4
smir
I
�'' - — — Ex„,�r•�,sE�,�,z�
I
LANDSCAPE BUFFER PLAN
w., f WILLOW RIDGE PHASE FOUR A AND B
Town a PROSPER
- cowncounrr rexos
so-
x
�I evcx I oru.m ID'arEh,sYvn�,A�N[mDI.Er.sR,NSTE:Ow acN m B s l
aAx nSr'eoSeLL O;iUCaRI?eA;I TREsFrS.�i
INC
o q s D C P P LAN
———_—___---- �Wl-ll
MATCH LINEA � a
I I
-- ----- - - - -- - -- PLATE NO -