99-46 O - Rezone 469.08 acres to PD (Gentle Creek)TOWN OF PROSPER, TEXAS
ORDINANCE NO. 9 9 - 4 6
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-
16; REZONING A TRACT OF LAND CONSISTING OF 469.08 ACRES,
MORE OR LESS, SITUATED IN THE A. DYER SURVEY, ABSTRACT NO.
taw 258, THE W.T. HORN SURVEY, ABSTRACT NO. 376 AND THE W.T. HORN
SURVEY, ABSTRACT NO. 419 IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS HERETOFORE ZONED AGRICULTURE (A) IS
REZONED PLANNED DEVELOPMENT (PD); DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Prosper
Land Company, L.L.C. to rezone 469.08 acres of land, more or less, situated in the A. Dyer
Survey, Abstract No. 258, the W.T. Horn Survey, Abstract No. 376 and the W.T. Horn Survey,
Abstract No. 419, in Prosper, Collin County, Texas; and
WHEREAS, the Town Council of Prosper (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 amend Prosper's Zoning Ordinance
No. 84-16 and rezone this property as set forth below.
ORDINANCE REZONING 469.08 ACRES FROM A TO PD - Page I
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c7
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CJ1
94625 02193
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
It
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Prosper's Zoning_ Ordinance No. 84-16 . Prosper's
Zoning Ordinance No. 84-16 is amended as follows: The zoning designation of the below -
described property containing 469.08 acres, more or less, situated in the A. Dyer Survey,
Abstract No. 258, the W.T. Horn Survey, Abstract No. 376 and the W.T. Horn Survey, Abstract
No. 419, in Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways
contiguous and/or adjacent thereto are hereby rezoned as Planned Development (PD).
The Property as a whole is more particularly described in Exhibit "A" attached hereto and
kow incorporated herein for all purposes.
The development plans, standards, uses and schedules for the Property in this Planned
Development District shall conform to, and comply with 1) the conceptual and/or site plan
attached hereto as Exhibit "B", 2) the planned development standards attached hereto as Exhibit
"C", 3) the statement of purpose and intent attached hereto as Exhibit "D", and 4) the
development schedule attached hereto as "E". Exhibits "B", "C", "D" and "E" are incorporated
herein for all purposes. 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.
ORDINANCE REZONING 469.08 ACRES FROM A TO PD - Page 2
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04625 02104
Three (3) 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 the original
records and shall not be changed in any manner.
b. One (1) copy shall be filed with the building inspector and shall be maintained up-
to-date by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy and enforcing the zoning ordinance.
Reproduction for information purposes may from time -to -time be made of the official zoning
district map.
Written notice of any amendment to this Planned Development District shall be sent to all
property owners within two hundred feet (200') of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire
any vested interest in this Ordinance, the Planned Development Zone 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 it 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.
ORDINANCE REZONING 469.08 ACRES FROM A TO PD - Page 3
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04625 02195
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
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: Savings/Repealing_ Clause. Prosper's Zoning Ordinance No. 84-16 shall
remain in full force and effect, save and except as amended by this or any other Ordinance. All
provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they
are in conflict; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 7: 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 REZONING 469.08 ACRES FROM A TO PD - Page 4
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04625 02196
SECTION 8: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED
AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
2,000
PROSPER, TEXAS on this day of FCbCU4MCI _ „ i999-
ATTESTED TO AND
CORRECTLY RECORDED BY:
C��g .
SHI EY AC
Town Secretary
()I...pT
r Lor
S N COFFMAt, #AYOR
APPROVED AS TO FORM:
ABERNATHY, ROEDER, BOYD,
& JOPLIN, P.C.
RICHARD M. ABERNATHY
REBECCA BREWER
Town Attorneys
DATE OF PUBLICATION: —Q
ORDINANCE REZONING 469.08 ACRES FROM A TO PD - Page 5
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BEING a tract of land situated in the A. Dyer Survey, Abstract No. 258, the W.T. Horn
Survey, Abstract No. 376, and the W.T. Horn Survey, Abstract No. 419, Collin County,
Texas, and being a part of that same tract of land as described in deed to Neal Small
recorded under Clerk's File No. 96-0062445 of the Deed Records of Collin County, Texas
(DRCCT), and being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found at the intersection of the center of County Road
No. 82 and County Road No. 80, at the northwest corner of a tract of land as described in
deed to Mae Smith Star and Harold Star, Jr. recorded in Volume 761, Page 260 DRCCT,
and lying in the east line of a tract of land as described in deed to Richard M. Kendrick III,
Trustee for the Glory Gaines Kendrick Testamentary Trust recorded under Clerk's File No.
93-0012851 DRCCT, said beginning point also being called the southwest corner of said
A. Dyer Survey, Abstract No. 258, the northwest corner of the William H. Thomason
Survey, Abstract No. 895, and also lying in the called east line of the E. Chambers Survey,
Abstract No. 179;
THENCE N 00036'15" W, along said County Road No. 80, and the east line of said
Kendrick tract, 1656.42 feet to a 3/4-inch iron rod found at the northeast corner of said
Kendrick tract, same being the southeast corner of a tract of land as described in deed to
Bob L. and Cheryl P. Walker recorded in Volume 3205, Page 256 DRCCT;
THENCE N 00055'17" W, continuing along said County Road No. 80, and east line of said
Walker tract, at a called distance of 318.93 feet passing the northeast corner of said
Walker tract, same being the southeast corner of a tract of land as described in deed to
Georgina Hennen recorded in Volume 3135, Page 704 DRCCT, continuing along the east
line of said Hennen tract and along County Road No. 80, at a called distance of 556.14
feet passing the northeast corner of said Hennen tract, same being the southeast corner of
a tract of land as described in deed to FFF Preston Hills III, Ltd. Recorded under Clerk's File
No. 97-0036319, continuing along the east line of said FFF Preston Hills tract and along
County Road No. 80, in all a distance of 2459.37 feet to a 5/8-inch iron rod found at the
southwest corner of a tract of land as described in deed to Charles F. and Ann L. Mullaney
recorded in Volume 765, Page 823 DRCCT;
THENCE N 89036'45" E, departing said County Road No. 80, along the south line of said
Mullaney tract, at a called distance of 395.78 feet passing the southeast corner of said
Mullaney tract, same being the southwest corner of a tract of land as described in deed to
Randy L. White recorded in Volume 3299, Page 865 DRCCT, continuing along the south
line of said White tract, in all a distance of 793.22 feet to a 1/2-inch iron rod found;
THENCE N 89038'03" E, continuing along the south line of said White tract, at a called
distance of 315.56 feet passing the southeast corner of said White tract, same being the
southwest corner of a tract of land as described in deed to D. Steven and L. Charlene
Hansen recorded in Volume 3917, Page 381 DRCCT, continuing along the south line of
said Hansen tract, at a called distance of 1094.38 feet passing the southeast corner of
said Hansen tract, same being the southwest corner of a tract of land as described in deed
to Chang -Han Partnership recorded in Volume 4045, Page 1789 DRCCT, continuing along
the south line of said Chang -Han Partnership tract, in all a distance of 1325.04 feet to a
point in Gentle Creek, said point being the westerly corner of Lot 7, Block C of Gentle
Creek Estates Phase 11, an addition to the Town of Prosper according to the plat thereof
recorded in Volume K, Page 476 of the Plat Records of Collin County, Texas (PRCCT);
THENCE southeasterly, departing the south line of said Chang -Han Partnership tract, along
the southwest line of said Gentle Creek Estates, Phase II and along the meanders of said
Gentle Creek, the following:
S 41037'25" E, 142.47 feet;
S 61 °55'26" E, 169.56 feet;
N 48012'25" E, 98.00 feet;
S 86 ° 30' 30" E, 106.00 feet;
S 36031'35" E, 206.00 feet;
S 54047'41 " E, 170.99 feet;
N 81033'56" E, 42.00 feet;
S 69 ° 31 ' 50" E, 107.00 feet;
S 00015'40" E, 151.00 feet;
S 50015'05" E, 99.00 feet;
S 810 24' 55" E, 96.00 feet;
S 45040'25" E, 133.00 feet;
N 49050'45" E, departing said Gentle Creek, along the southeast line of Lot 11 in
said Block C, 253.50 feet to a point in the southwest line of Gentle Way (50 foot
right-of-way), and lying in a non -tangent circular curve to the left having a radius of
975.00 feet;
THENCE southeasterly, along the southwest line of said Gentle Creek Estates, Phase II and
southwest line of said Gentle Way, the following:
Southeasterly, along said circular curve to the left, through a central angle of
24032'35", an arc distance of 417.65 feet and having a chord which bears S
64012'41 " E, 414.46 feet to a 5/8-inch iron rod found at the point of tangency;
S 76028'58" E, 211.08 feet to a 5/8-inch iron rod found at the point of curvature
of a circular curve to the right having a radius of 450.00 feet;
Southeasterly, along said circular curve to the right, through a central angle of
44023'50", an arc distance of 348.69 feet and having a chord which bears S
54017'04" E, 340.4 feet to a 5/8-inch iron rod found at the point of reverse
curvature of a circular curve to the left having a radius of 2000.00 feet;
Southeasterly, along said circular curve to the left, through a central angle of
14°22'21 ", an arc distance of 501.70 feet and having a chord which bears S
39 ° 16' 19" E, 500.39 feet to a 5/8-inch iron rod found at the point of tangency;
2
S 46027'30" E, 433.02 feet to a 5/8-inch iron rod found;
N 47049'04" E, 232.25 feet to the point of curvature of a circular curve to the
right having a radius of 350.00 feet and lying in the southwest line of Gentle Creek
Estates Phase 1, an addition to the Town of Prosper according to the plat thereof
recorded in Volume K, Page 474 PRCCT;
Northeasterly, along said circular curve to the right, through a central angle of
13048'03", an are distance of 23.22 feet and having a chord which bears N
49043'06" E, -23.21 feet to a 5/8-inch iron rod found at the point of curvature of a
non -tangent circular curve to the left having a radius of 50.00 feet and lying in the
southwest line of Winding Creek Road (50 foot right-of-way);
THENCE southeasterly, along the southwest line of said Winding Creek Road and
southwest line of said Gentle Creek Estates Phase I, along said circular curve to the left,
through,a central angle of 32050'57", an arc distance of 28.67 feet and having a chord
which bears S 50042140" E, 28.28 feet to a 5/8-inch iron rod found at the point of
curvature of a non -tangent circular curve to the left having a radius of 400.00 feet;
THENCE southeasterly, along the southwest line of said Winding Creek Road and
southwest line of said Gentle Creek Estates Phase I, along said circular curve to the left,
through a central angle of 23041'16" , an arc distance of 165.37 feet and having a chord
which bears S 15053'07" E, 164.20 feet to a 5/8-inch iron rod found at the point of
tangency;
THENCE S 27043'45" E, along the southwest line of said Winding Creek Road and
southwest line of said Gentle Creek Estates Phase 1, 544.69 feet to a 5/8-inch iron rod
found at the point of curvature of a circular curve to the right having a radius of 730.00
feet;
THENCE southeasterly, along the southwest line of said Winding Creek Road and
southwest line of said Gentle Creek Estates Phase I, along said circular curve to the right,
through a central angle of 06041'00", an arc distance of 85.15 feet and having a chord
which bears S 24023' 15" E, 85.10 feet to a 5/8-inch iron rod found at the point of
tangency;
THENCE S 21 °02'45" E, along the southwest line of said Winding Creek Road and
southwest line of said Gentle Creek Estates Phase I, at 317.98 feet passing a 5/8-inch iron
rod found at the westerly northwest corner of Lot 27, Block A of said Gentle Creek Estates
Phase I, continuing along the southwest line of said Lot 27, Block A, departing the
southwest line of said Winding Creek Road, in all a distance of 766.60 feet to a point in
Gentle Creek;
THENCE southeasterly, along the southerly line of said Lot 27, Block A and meanders of
said Gentle Creek, the following:
N 77 ° 33'05" E, 125.01 feet;
S 20 ° 44' 14" E, 100.00 feet;
S 31 ° 12'40" E, 85.00 feet;
91
S 63045'29"
E, 54.00 feet;
N 51 ° 17'05"
E, 35.00 feet;
N 00044'45"
W, 120.00 feet;
S 59018'35"
E, 136.00 feet;
S 16043'05"
W, 111.00 feet;
S 81 051'39"
E, 43.00 feet;
N 59044'25"
E, 93.00 feet;
S 39°44'05"
E, 53.00 feet;
S 21 °06'20" W, 90.00 feet;
S 60001' 15" E, 45.00 feet;
S 83 ° 06' 53" E, 71.10 feet;
S 53 036' 15" E, 238.72 feet to a point in the center of Wilson Creek and west line
of a tract of land as described in deed to Amberwood Farms. Ltd. Recorded in
Volume 4334, Page 1892 DRCCT;
THENCE southerly, along the center of Wilson Creek and west line of said Amberwood
Farms. tract, the following:
S 00°30'45" W, 40.97 feet;
S 16014'59" E, 222.61 feet;
S 12 ° 52' 40" W, 163.36 feet;
S 06006'14" E, 50.81 feet;
S 11054'29" E, 187.74 feet to the northeast corner of a tract of land as described
in deed to Collin County recorded in Volume 4116, Page 1749 DRCCT;
THENCE S 88 ° 18' 15" W, departing said Wilson Creek, along the north dine of said Collin
County tract, 126.21 feet to the point of curvature of a circular curve to the left having a
radius of 7435.00 feet;
THENCE southwesterly, continuing along the north line of said Collin County tract, and
along said circular curve to the left, through a central angle of 01039,55", an arc distance
of 216.10 feet and having a chord which bears S 89008'12" W, 216.09 feet;
THENCE S 89 ° 58' 10" W, continuing along the north line of said Collin County tract, 50.00
feet;
4
THENCE S 00004'18" W, along the west line of said Collin County tract, 13.U5 tees;
THENCE N 89 ° 58' 10" E, along the south line of said Collin County tract, 398.97 feet to a
point in said Wilson Creek and west line of said Amberwood Farms tract;
THENCE S 11 °54'29" E, along the center of Wilson Creek and west line of said
Amberwood Farms tract, 3.09 feet to a point in the center of County Road No. 82 (30 foot
right-of-way) at this point;
THENCE S 89 ° 58' 10" W, along the center of said County Road No. 82, at a called
distance of 1200.96 feet passing the northeast corner of a tract of land as described in
deed to Michael W. and Jane G. Reeves recorded in Volume 1804, Page 100 DRCCT,
continuing along the north line of said Reeves tract and center of said County Road No.
82, at a called distance of 1400.96 feet passing the northwest corner of said Reeves
tract, same being the northeast corner of a tract of land as described in deed to George
Bryce, Jr. recorded in Volume 1816, Page 81 DRCCT, continuing along the north line of
said Bryce tract and center of said County Road No. 82, at a called distance of 1851.76
feet passing the northwest corner of said Bryce tract, same being the northeast corner of a
tract of land as described in deed to Leon J. and Rebecca Sue Mace recorded in Volume
3610, Page 446 DRCCT, continuing along the north line of said Mace tract and center of
said County Road No. 82, at a called distance of 2151.76 feet passing the northwest
corner of said Mace tract, same being the northeast comer of Tract 11 as described in deed
to Mae Smith Star and Harold Star, Jr. recorded in Volume 761, Page 260 DRCCT,
continuing along the north line of said Star tract and center of said County Road No. 82, in
all a distance of 2855.34 feet to a 1/2-inch iron rod found;
THENCE N 89041'04" W, continuing along the north line of said Star tract and center of
said County Road No. 82, 999.93 feet to a 1/2-inch iron rod found at the northwest corner
of said Star tract;
THENCE S 00003'51" W, along the west line of said Star tract, 20.41 feet to a 1/2-inch
iron rod found at the northeast corner of Tract I as described in deed to Mae Smith Star
and Harold Star, Jr. recorded in Volume 761, Page 260 DRCCT;
THENCE S 89058'10" W, along the center of said County Road No. 82 and north line of
said Star Tract I, 2663.24 feet to the POINT of BEGINNING and containing 469.08 acres
of land.
5
KOT IT "B"
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT STANDARDS
FOR
GENTLE CREEK
PROSPER, TEXAS
APPLICANT:
Prosper Land Company, L.L.C.
14275 Midway Road, Suite 100
Dallas, Texas 75244
972-980-4170
July 16, 1999
EXHIBIT "C"
GENTLE CREEK
PLANNED DEVELOPMENT
DEVELOPMENT STANDARDS
1.0 PLANNED DEVELOPMENT DISTRICT - SINGLE FAMILY RESIDENTIAL
1.01 General Description: The single family residential tracts are intended to
accommodate a variety of single family residential uses. The residential units will
be comprised of Single Family - Type A, Single Family - Type B, Single Family -
Type C, and Single Family - Type D. Development standards for each of the
aforementioned housing types are outlined within this text.
1.02 Permitted Uses:
A. Land uses permitted within the residential area of the Planned Development District
are as follows:
1. Residential units described herein.
2. Residential uses such as Single Family Estate Residence, Single Family
Residence - 1, Single Family Residence - 2, Single Family Residence - 3 and
Single Family Residence - Attached as permitted in Section 9 of the City of
Prosper Comprehensive Zoning Ordinance No. 84-16 as it currently exists or
may be amended.
3. Golf Course, driving range, clubhouse, maintenance facilities, rental/for sale
dwelling units and other related uses such as, but not limited to, restaurant,
bar in conjunction with the operation of a restaurant or country club and pro
shop.
4. Public and private street facilities. Private streets shall be permitted only if
approved by the Prosper City Council at the time of platting.
5: Real Estate sales offices during the development and marketing of the
residential areas.
6. Private recreation facilities including, but not limited to, swimming pools,
clubhouse facilities and sport courts (independent site plans require City
approval).
B. Land uses within the retail area of the Planned Development District as permitted in
Section 9 of the City of Prosper Comprehensive Zoning Ordinance No. 84-16 as it
currently exists or may be amended.
1.03 Single Family - Type A (Base District Single Family Estate Residence): Single
Family - Type A units are a form of single family, detached housing. This residential
area will consist of larger dwelling units and lots, having access and frontage on
public or private roads. Area regulations shall be in accordance with Section 10 of
the City of Prosper Comprehensive Zoning Ordinance No. 84-16, unless otherwise
noted below:
a. Lot Width: The minimum lot width of any lot shall be one hundred and thirty
(130) feet measured at the front building line.
b. Side Yard: The minimum side yard shall be no less than twenty (20) feet and
have a maximum setback of twenty-five (25) feet. A side yard adjacent to a
street shall be twenty-five (25) feet.
C. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25)
feet.
d. Dwelling Unit Size: The minimum square footage of each dwelling unit, to
include only air conditioned space, shall be no less than 3,500 square feet.
1.04 Single Family - Type B (Base District Single Family Residence - 1): Single
Family - Type B units are another form of detached housing. This residential area
is designed to provide single family housing at a slightly higher density than
permitted in the Single Family - Type A area. These residential units will have
access and frontage on a public or private road. Area regulations shall be in
accordance with Section 10 ofthe City of Prosper Comprehensive Zoning Ordinance
No. 84-16, unless otherwise noted below:
a. Lot Area: The minimum lot size of any lot shall be 18,000 square feet.
b. Lot Width: The minimum lot width of any lot shall be one hundred and
twenty-five (125) feet measured at the front building line, except for lots at
the terminus of a cul-de-sac or along street elbows/eyebrows may have a
minimum width of one hundred and ten (110) feet measured at the front
building line.
Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet.
d. Side Yard: The minimum side yard of any lot shall be ten (10) feet.
Dwelling Unit Size: The minimum square footage of each dwelling unit, to
include only air-conditioned space, shall be no less than 2,750.
1.05 Single Family - Type C (Base District Single Family Residence - 2): Single
Family - Type C units are another form of detached housing. This residential area
is designed to provide single family housing at a slightly higher density than
permitted in the Single Family - Type B area. These residential units will have
access and frontage on a public or private road. Area regulations shall be in
accordance with Section 10 of the City ofProsper Comprehensive Zoning Ordinance
No. 84-16, unless otherwise noted below:
a. Front Yard: The minimum depth of the front yard shall be thirty (30) feet.
b. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet.
C. Side Yard: The minimum side yard of any lot shall be nine (9) feet.
d. Dwelling Unit Size: The minimum square footage of each dwelling unit, to
include only air-conditioned space, shall be no less than 2,250.
C. Lot Coverage: The maximum lot coverage shall be no greater than forty-five
(45) percent.
f. Lot Width: The minimum lot width shall be eighty (80) feet.
1.06 Single Family - Type D (Base District Single Family Residence - 3): Single
Family - Type D units are another form of detached housing. This residential area
is designed to provide single family housing at a higher density than permitted in the
Single Family - Type C area. These residential units will have access and frontage
on a public or private road. Area regulations shall be in accordance with Section 10
of the City ofProsper Comprehensive Zoning Ordinance No. 84-16, unless otherwise
noted below:
a. Lot Area: The minimum lot size of any lot shall be 6,500 square feet.
b. Lot Width: The minimum lot width of any lot shall be fifty-five (55) feet
measured at the front building line, except for lots at the terminus of a cul-de-
sac or along street elbows/eyebrows may have a minimum width of fifty (50)
feet measured at the front building line.
C. Front Yard: The minimum depth of the front yard shall be twenty-five (25)
feet.
d. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet.
e. Side Yard: The minimum side yard of any lot shall be seven (7) feet.
f. Dwelling Unit Size: The minimum square footage of each dwelling unit, to
include only air-conditioned space, shall be no less than 1,800.
g. Lot Coverage: The maximum lot coverage shall be no greater than forty-five
(45) percent.
2.0 PLANNED DEVELOPMENT DISTRICT - RETAIL
2.01 General Description: The retail tract is intended to accommodate retail and
commercial uses that supply the surrounding residential areas with convenience
goods and services which are normal daily necessities and routine purchases.
Development standards for the retail tract are outlined within this text.
2.02 Permitted Uses: Land uses permitted within the retail area of the Planned
Development District shall be in accordance with Section 9 of the City of Prosper
Comprehensive Zoning Ordinance No. 84-16 as it currently exists or may be
amended.
2.03 Building and Area Regulations: Building and area regulations shall be in
accordance with Section 10 ofthe City ofProsper Comprehensive Zoning Ordinance
No. 84-16, unless otherwise noted below:
a. Lot Width: The minimum lot width shall be no less than one hundred fifty
(150) feet.
b. Front Yard: The minimum depth of the front yard shall be twenty five (25)
feet.
C. Side Yard: The minimum side yard shall be ten (10) feet.
d. Rear Yard: The minimum depth of the rear yard shall be fifteen (15) feet.
3.0 PLANNED DEVELOPMENT - GENERAL CONDITIONS
3.01 Conformance to All Applicable Articles of The Prosper Zoning Ordinance:
Except as amended herein, this Planned Development shall conform to any and all
applicable articles and sections of the Prosper Zoning Ordinance, Ordinance No. 84-
16, as it currently exists or may be amended.
3.02 Procedure to be followed throughout development of the Planned Development
District:
a. Conceptual Plan: A conceptual plan is hereby attached and made part of the
approval for this Planned Development. This plan indicated as Exhibit `B"
is drawn to scale and shows: (a) land uses; (b) streets and thoroughfares; (c)
general layout of residential subdivisions; and (d) other features which
graphically explain the standards and conditions set forth in this exhibit and
the proposed development. The conceptual plan indicated the general
location of the single family residential areas and retail area within the
Planned Development District.
b. Development Schedule: This ordinance shall be accompanied by a
development schedule, indicating the approximate date on which construction
is expected to begin and the approximate time frame to completion. The
development schedule, if approved by the Prosper City Council, shall be
generally adhered to by the owner, developer and their successors in interest;
unless amended by approval of the Prosper City Council.
3.03 Screenwalls: Screening materials of six (6) feet to eight (8) feet in height in
combination of approved landscape materials may be permitted within landscape
easements, exclusive of visibility easements.
a. Fencing: All fencing along rear of golf course Iots shall be constructed of
metal or iron which gives the appearance of a wrought iron fence.
b. Utility Easement: A minimum five (5) foot utility easement shall be
dedicated to Prosper along the frontage of all front entry lots.
C. Trees: A minimum of two (2) - four (4) inch shade trees shall be planted and
maintained on each residential lot.
3.04 Preliminary Plat: A preliminary plat for each phase of development must be
submitted to the Prosper Planning and Zoning Commission and City Council, or their
designee, and must be approved by said bodies prior to the completion of the final
plat.
All preliminary plats must comply substantially with the applicable Concept Plan
attached hereto.
EXHIBIT "D"
GENTLE CREEK
PLANNED DEVELOPMENT
STATEMENT OF INTENT AND PURPOSE
The purpose and intent of this planned development district is to provide a higher quality of mixed
residential uses that are compatible with the natural characteristics of the land, such as trees,
topography, creeks and floodplain, while still providing the highest and best use for the property
based on its location and access to major roadways. For all single-family residential districts, this
is accomplished by providing flexible area regulations, while using the natural characteristics of the
property separate land uses, thus creating "pockets" of residential development.
EXHIBIT "E"
GENTLE CREEK
PLANNED DEVELOPMENT
DEVELOPMENT SCHEDULE
It is anticipated that the development of the property will begin within 2 to 5 years after approval
and signing of the zoning ordinance. During this time period, prior to the initial stages of
development, it is foreseen that plans and studies will be prepared for development and marketing
of the property.
Progress of development improvements will primarily depend on time frames established for
construction of thoroughfares, utilities and market trends/demands for the area.
It is anticipated that the development of the property, excluding total construction of all structures,
will be completed within 10 to 15 years after approval and adoption of the zoning ordinance.