01-06 - O2001- 0161536
P. Ei E � t I@ H �jk
• TOWN OF PROSPER ORDINANCE NO.01-06
AN ORDINANCE AMENDING PROSPER' S ZONING ORDINANCE
NO. 84-16; REZONING A TRACT OF LAND CONSISTING OF 37.789
ACRES, MORE OR LESS, SITUATED IN THE WILLIAM BUTLER
01
CD
SURVEY, ABSTRACT NO. 112 IN THE TOWN OF PROSPER, COLLIN
rn
COUNTY, TEXAS HERETOFORE ZONED AS SINGLE-FAMILY
M
RESIDENCE DISTRICT-1 (SF-1) UPON ITS ANNEXATION AND IS TO BE
REZONED AS PLANNED DEVELOPMENT; DESCRIBING THE TRACT TO
BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
J
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
N
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
Stuart Jackson to rezone 37.789 acres of land, more or less, situated in the William Butler
Survey, Abstract No. 112 in the town of Prosper, Collin County, Texas ("Prosper"); 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 rezone this property
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
0 Ordinance as if fully set forth herein.
... t.�995 I69
r
• SECTION 2: The zoning designation of the below -described property containing
37.789, more or less, situated in the William Butler Survey, Abstract No 112 in the Town
L11
0
of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways Cn
rn
contiguous and/or adjacent thereto is hereby rezoned as Planned Development District.
Three original, official and identical copies of the zoning exhibit map are hereby
ca
adopted and shall be filed and maintained as follows: o
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 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 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: 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
0 that is not in conformity with the permissible uses under this Zoning Ordinance.
• �+ 9 9
SECTION 5: PENALTY PROVISION. Any person, firm, corporation or
0
business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance
CD
No. 84-16, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction vMi
thereof shall be fined any sum not exceeding Two Thousand Dollars ($2000.00). Each (z)
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.
SECTION 7: All ordinances in conflict herewith are repealed to the extent they
are in conflict. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 8: This Ordinance shall become effective from and after its adoption
and publications as required by the Town Charter and by law.
0
•
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS on this 28th day of August, 2001.
APPROVED AS TO FORM:
Ji Dunmire
f . ; Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
. Amber Phillips
Town Secretary
•
DATE OF PUBLICATION: May 31, 2001, McKinney Courier Gazette.
O
W
tV
•
ANY PROVISION HERON WHICH RESTRICTS THE SAL
DESCRIBED REAL PROPERTY BECAUSE OF COLOR
, RENTAL. OR USE OF THE
UNENFORCEABLE UNDER FEDERAL LAW
OR RACE IS INVALID AND
(THE STATE OF TEXAS)
I hereby Lertiy thal Ihis ir.S;rument Nai FILED in the File
(COUNTY OF COLLIN)
umber Sequence on the date
and the lime slanged hereon by me; and vrs duly RE
Records of Real Property of Collin County, Texa; on
ROED• in the Ortcial Public
SEP 0 4 2061
roc yak!a
F�
oJP
Filed for R
Collin COLMIty,
cord in.
McKinney Tit
Honorable H
len Star)}es
Collin) Cnwi
y Clerk
011 Se
01",
Doc•/fJt.t(:t : '
o@.,-. 0110141
Rec:o•rdi.nT /T
Recej.pt- 9..
pe:UR 17.00
t6-972
05066 04334
NORTHRIDGE
Planned Development District
Development Standards
Applicant:
Sterling Projects, Inc.
8235 Douglas Ave.
Suite 800, LB 78
Dallas, TX 75225
Owner:
Sterling Projects, Inc.
8235 Douglas Ave.
Suite 800, LB 78
Dallas, TX 75225
05066 04135
PLANNED DEVELOPMENT DISTRICT — SINGLE FAMILY RESIDENCE-2
GENERAL CONDITIONS
1.01 Action: Approval of the 107 lots Northridge Addition of the William Butler
survey, Abstract No. 112 located in the Town of Prosper, Collin County, Texas
(the "Northridge Addition") as a planned development (the "PD").
1.02 General Description: The Northridge Addition is intended to accommodate
single-family residential uses. The residential units will be comprised of Single
Family Residence-2 ("SF-2") products. Development standards for each of the
aforementioned housing type are outlined within this text.
1.03 Permitted Uses: Land uses permitted within the PD are as follows:
• Residential units as described herein and related utilities
• Private recreation facilities — HOA maintained
• Parks, playgrounds and neighborhood recreation facilities including,
but not limited to, swimming pools, clubhouse facilities and tennis
courts
• Real estate sales offices during the development and marketing of the
Planned Development
• Public streets
• Accessory buildings and uses customarily incidental to the permitted
uses
• Temporary buildings and uses incidental to construction work on the
premises, which shall be removed upon completion
1.04 Required Parking: Parking shall be provided in accordance with Section 12,
Off -Street Parking Regulations of the Town of Prosper Zoning Ordinance, No.
84-16.
1.05 Screening: Prior to the completion of the improvements to Northridge Addition,
Sterling shall commence construction of a living screen along the South property
line of the seven lots located along the southern end of the Northridge Addition
adjacent to County Road 78. The living screen shall be designed by Sterling and
comprised of plants chosen by Sterling in its reasonable discretion in accordance
with the Corridor Ordinance No. 99-24. Living screens shall be landscaped as
follows:
a. (1) 3" caliper canopy tree per every 100 1. f. of frontage. Trees may be
grouped in clusters.
b. A continuous landscape screen utilizing a minimum 5-gallon plant
material planted no more than 30" on center.
C. All landscaping, including turf shall be watered by an underground
automatic irrigation system.
d. Low terms, maximum 3'-0" ht. and 4:1 maximum slope, are encouraged.
-1-
05066 04736
Sterling will not be required to construct any screening along County Road 77.
1.06 Sin2le-Family-2: The SF-2 units are a form of single family, detached housing.
This residential type will consist of larger units and lots, having access and
frontage on a public street. The building and area requirements applicable to SF-2
are as follows:
a. Minimum Dwelling Size: The minimum area of the main building shall
be two thousand two hundred (2,200) square feet, exclusive of garages,
breezeways and porticos.
b. Lot Area: The minimum area of any lot shall be ten thousand (10,000)
square feet.
C. Lot Coverage: In no case shall more than forty (40%) percent of the total
lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, porches,
driveways, walks, and other paved areas shall not be included in
determining maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than eighty
(80) feet 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 have a minimum
width of seventy (70) feet along the arc at the front building line; provided
all other requirements of this section are fulfilled. Lots on the North side
of Meadow Run Circle shall have a minimum width of seventy-five (75)
feet. Building lines may be staggered or set back at a greater distance
from the right-of-way
e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110)
feet, except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a minimum lot depth, measured at mid -point
on front and rear lot lines, of one hundred (100) feet; provided all other
requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be twenty-five
(25) feet. Front yard setbacks may vary in depth into the lots, but in no
case shall be less than twenty-five (25) feet. Eaves and roof extensions
may project into the required front yard for a distance not to exceed four
(4) feet.
g. Side Yard: The minimum side yard on each side of a lot shall be seven
(7) feet. A side yard for all corner lots shall not be less than ten (10) feet.
Roof eaves may extend into the side yard.
h. Rear Yard: The minimum depth of the rear yard shall be twenty feet
(20'). The minimum depth of the rear yard may be reduced to fifteen (15)
feet when a detached garage is utilized. Angled and corner lots may
require a variance to the rear yard size due to their dimensions. In this
instance, the builder will come to the council for a variance. The twenty -
foot (20') rear yard will still apply to the main structure of the house.
Accessory structures shall be of the same exterior material as the main
building and follow the min rear yard set back of fifteen (15') feet.
-2-
05066 04737
Building Height: Buildings shall be a maximum of two and one-half
(2'/2) stories.
1.07 Conformance to All Applicable Articles of the Town of Prosper Zoning
Ordinance: Except as amended herein, this Planned Development District shall
conform to any and all applicable articles and sections of the Town of Prosper
Zoning Ordinance, No. 84-16, as it presently exists or may be amended.
1.08 Streets: Residential streets shall consist of a fifty (50) foot right-of-way with a
thirty-one (31) foot paving section (back of curb to back of curb), with a concrete
curb (lay down curb style) and gutter. Street signage shall bear the Prosper logo.
1.09 Sprinkler Fire Protection: Any structure constructed with a square footage
area over 6,000 square feet of under roof space shall have a fire sprinkler system
in accordance with UBC standards.
1.10 Roof Materials: Wood roof material is not allowed.
1.11 Sidewalks: The builders shall be required to construct a four -foot (4') wide
sidewalk on each side of all residential streets and incorporating wheel chair
ramps. A 15' ROW shall be dedicated to the town of Prosper along the western
boundary, and wholly within, an existing 50' TP&L easement, subject to
receiving approval from TP&L, to permit the creation of a hike/bike trail. This
hike/bike trail shall be 6' in width, made of concrete and constructed by the
developer. The developer will be credited, up to the lesser of the actual cost or
the park impact fees as prepared by Travis Roberts, the Town Engineer. Travis
Roberts currently estimates the cost of design and construction of this hike/bike
trail at $21,706. This hike/bike trail shall connect to the hike/bike trail system
coming from the surrounding developments. The connection points will be within
the 15' ROW.
1.12 Maintenance of Facilities: The Owner shall establish, with Final Plat submittal
and execution, a property owner's association, membership association or other
designation that will be responsible for the improvement and maintenance of all
common areas and/or common facilities contained within the area of the Planned
Development district.
1.13 Front Yard Trees: Each house will have 2 — 3" caliper trees planted in the front
yard. Said trees to be from the following list:
Live Oak
Cedar Elm
Red Oak
Texas Ash
Pistacio
Bur Oak
1.14 Garage Orientation: No more than one third (1/3) of the homes will have two or
more car garages facing the street which the front elevation of the house is
-3-
05066 04138
oriented toward, unless said garage is at least twenty-five feet (25') behind the
front building line. The other two thirds (2/3) may be side swing entry garages on
the front building line.
1.15 Fences: Privacy walls and fences for the residences shall be built along the
property line, within the front, rear or side yard space. There may be special lot
conditions where the front building lines are off -set for adjacent lots whereby
privacy walls may be required within the front building line for privacy
conditions. Fences and walls shall be set back a minimum of ten feet (10') from
the front elevation of the home. Such walls will be constructed of materials
consistent with the exterior architectural elements of the home. Any wooden
privacy fence facing the street that the house is addressed on must be board -on-
board construction for that portion of the fence facing the street. Furthermore,
those corner lots backing to the main road and siding to any entry street will
utilize board -on -board construction for that section of the wooden privacy fence
facing the entry street. The maximum height of a privacy fence is eight feet (8').
2. SPECIAL CONDITIONS
2.01 Final Plat: Attached hereto are three copies of the Final Plat for the Northridge
Addition ("Final Plat"), prepared in accordance with the approved Preliminary
Plat. As part of this planned development, the Final Plat is hereby approved by
the Town of Prosper, subject to the execution of a Drainage Permit and Grant of
Drainage Rights between Sterling Projects and the adjacent land owner to the
East.
2.02 Payment of Impact Fees: Sterling shall, upon completion and final acceptance
of the subdivision by the Town of Prosper in accordance with the PD and Final
Plat, pay to the Town of Prosper the following impact fees (collectively, the
"Impact Fees"): (a) Water: $1,932 per lot for 107 lots = $206,724; (b) Sewer:
$1,887 per lot for 107 lots = $201,909; (c) Park: $12,500 multiplied by 5% of the
total gross acreage for the Northridge Addition (which is deemed to be 37.789
acres for this purpose), being $12,500 x .05 x 37.789 = $23,618; and (d) Road
Improvement (CR 77 & CR 78): The lesser of. $257,780; the per lot road impact
fee in effect by the Town of Prosper upon completion of the subdivision
multiplied by 107 lots; or the paving contractor's actual estimate for '/2 of the cost
of a thirty-six (36') foot wide street along the south and west boundary of the
subdivision.
2.03 Performance Bond: Developer will deliver a 10% bond, valid for two (2) years
from the completion of the subdivision, from both the paving and utility
contractors in favor of the Town of Prosper.
M
CW of Prosper
P.O. Box 307
Prosper, TX 75078
05066 04339
ANY PP.OVISION HEREIN WHICH RESTRICTS THE SALE, RCNTAk, OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE 16 INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) (COUNTY OF COLON)
I hereby csrl+y that thi ;'n;tnument wa FILED in the Flle Number Sequence on the date
and the time stamped hereon by rns; end wu duly RECORDED, In the Official Public
Records of Real Propaq of Collin County, Texas on
DEC 14 2001
o,
ooQ`O ` � NCB
Filed for Record in:
Collin COI.Mty, McKinney TX
Honorable Helen Starnes
Collin County ClerE:
On Dec 14 2001
At: 4:C1pm
Doc/Num : 2001- 0161536
Recordin /'1'ype:DR 29.00
Receipt #: 41477