01-18 - O05082 R2099 2 - 000 5
TOWN OF PROSPER ORDINANCE NO. 01-18
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE
NO.84-16; REZONING A TRACT OF LAND CONSISTING OF 457.559
ACRES, MORE OR LESS, SITUATED IN THE EDWARD BRADLEY
SURVEY, ABSTRACT NO.86 AND THE HARRISON JAMISON SURVEY,
ABSTRACT NO.480, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS HERETOFORE ZONED SINGLE-FAMILY RESIDENCE DISTRICT-1
(SF-1) UPON ITS ANNEXATION REZONED PLANNED DEVELOPMENT;
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 of Prosper, Texas ("Prosper") has received a request from
Papagolos Development Co. to rezone 457.559 acres of land, more or less, situated in the
Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract no.
480, 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.
05082 02100
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
Ordinance as if fully set forth herein.
SECTION 2: The zoning designation of the below -described property containing
457.559, more or less, situated in the Edward Bradley Survey, Abstract No. 86 and the
Harrison Jamison Survey, Abstract No. 480 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 District.
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 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.
05082 02 1 0i 1
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
that is not in conformity with the permissible uses under this Zoning Ordinance.
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 any sum not exceeding Two Thousand Dollars ($2000.00). 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 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.
05082 02102
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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS on this 130' day of November, 2001.
ATTESTED TO AND
CORRECTLY RECORDED BY:
�*nber Phillips
Town Secretary
APPRO D AS TO�ORM:
0 o
Dunmire
Mayor
DATE OF PUBLICATION: November 20, 2001, McKomey Courier Gazette.
-01
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0503? ()2 1 Q3
VILLAGES OF LA CIMA
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT STANDARDS
PLANNED DEVELOPMENT — RESIDENTIAL — Approximately 457.57 acres
Tract 1-A (approx. 223.07 acres) and Tract 2-A (approx. 234.50 acres)
1.01 General Description:
Tract 1-A and Tract 2-A as depicted on Exhibit "A" attached hereto and
made a part hereof, are each intended to accommodate single-family
detached residential units. Development standards for Tract 1-A and Tract
2-A are outlined within this text.
1.02 Permitted Uses: Land uses permitted within Tracts 1-A and 2-A are as
follows:
a. Residential units as described herein.
b. Permitted uses referenced in the Prosper Zoning Ordinance as it
currently exists or may be amended.
c. Private or public recreation facilities.
d. Churches/rectories
e. Daycare facilities
f. Schools — public or state accredited.
g. Utility distribution lines and facilities.
h. Parks, playground and neighborhood recreation facilities including,
but not limited to, swimming pools, clubhouse facilities and tennis
courts.
i. Fire stations and public safety facilities.
j. Real estate sales offices during the development and marketing of the
residential areas.
k. Public streets.
1. Electronic security facilities including gatehouse and control counter.
File:word/La Cima Dev Standards2.doc
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0)5082 ()9- 1 04
m. Accessory buildings and uses customarily incidental to the permitted
uses. The total land area used for accessory buildings shall not exceed
twenty-five percent (25%) of the total area designated for the main
buildings. Accessory buildings shall not be permitted within any
"front yard" area but shall be permitted within any portion of the "side
yard" or "rear yard" of a building lot as set forth in Prosper Zoning
Ordinance for accessory buildings.
n. Temporary buildings and uses incidental to construction work on the
premises, which shall be removed upon completion.
1.03 Densi : The overall allowed residential units for Tract 1-A and Tract 2-
A combined shall be no greater than nine hundred sixty-five (965) units.
1.04 Required Parking: Two (2) off-street parking spaces shall be provided
on the same lot as the main structure. In conjunction with this
requirement, a two (2) car garage shall be provided for each unit. Garage
parking shall be behind the front building line.
1.05 Building Materials: A minimum of eighty-five percent (85%) of the total
exterior wall surfaces of all main buildings shall have an exterior finish of
glass, stone, stucco, brick or similar materials (as approved by the Town
of Prosper, Texas) or any combination thereof. Siding products of any
material shall not be considered in the minimum percentage.
1.06 Tract 1-A Single Family: This residential area will consist of single
family, detached housing units at a lower density than permitted in Tract
2-A. These residential units will have access and frontage on a public
road. Building and area requirements are as follows:
a. Minimum Dwelling Size: The minimum area of the main building
shall be two thousand nine hundred (2,900) square feet, exclusive of
garages, breezeways and porticos.
b. Lot Area: The minimum area of any lot in Tract 1-A shall be fourteen
thousand (14,000) square feet.
c. Lot Coverage: In no case shall more than forty percent (40%) of the
total lot area be covered by the combined area of the main buildings
and accessory buildings. Swimming pools, spas, decks, patios,
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 be ninety feet (90')
at the front building line, except that lots at the terminus of a cul-de-
File:word/La Cima Dev Standards2.doc
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05002 02105
sac or along street elbows/eyebrows may have a minimum width of
seventy feet (70') at the building line; provided all other requirements
of this section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred
twenty feet (120'), except that a lot at the terminus of a cul-de-sac
along street elbows/eyebrows may have minimum lot depth, measured
at mid -points on front and rear lot lines, of one hundred feet (100')
provided all other requirements of this section are fulfilled.
£ Front Yard: The minimum depth of the front yard shall be thirty feet
(30').
g. Side Yard: The minimum side yard on each side of the lot shall be
ten feet (10'). A side yard adjacent to a street shall be a minimum of
fifteen feet (15').
h. Rear Yard: The minimum depth of the rear yard shall be twenty-five
feet (25'). The minimum depth of the rear yard may be reduced to
fifteen (15') feet when a detached garage is utilized. The twenty-five
foot (25') rear yard will still apply to the main structure of the house.
i. Maximum Building Height: Buildings shall be a maximum of two
and one-half (2-1 /2) stories with the exception that split-level homes
may have a maximum of two and one-half (2-1/2) stories on either the
front or rear elevation and a maximum of three and one-half (3-1 /2)
stories on the elevation which begins at the lowest grade.
1.07 Tract 2-A Single Family: This residential area will consist of single
family, detached housing units. These residential units will have access
and frontage on a public road. Building and area requirements are as
follows:
a. Minimum Dwelling Size: The minimum area of the main building
shall be two thousand eight hundred (2,800) square feet, exclusive of
garages, breezeways and porticos.
b. Lot Area: The minimum area of any lot in Tract 2-A shall be ten
thousand (10,000) square feet.
c. Lot Coverage: In no case shall more than forty percent (40%) of the
total lot area be covered by the combined area of the main buildings
and accessory buildings. Swimming pools, spas, decks, patios,
driveways, walks and other paved areas shall not be included in
determining maximum lot coverage.
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05082 0210E
d. Lot Width: The minimum width of any lot shall be seventy feet (70')
at the front building line, except that a lot at the terminus of a cul-de-
sac or along street elbows/eyebrows may have a minimum width of
sixty feet (60') at the building line; provided all other requirements of
this section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred ten
feet (110'), except that a lot at the terminus of a cul-de-sac along street
elbows/eyebrows may have minimum lot depth, measured at mid-
points on front and rear lot lines, of one hundred feet (100') provided
all other requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be twenty-
five feet (25').
g. Side Yard: The minimum side yard on each side of the lot shall be
eight feet (8'). A side yard adjacent to a street shall be a minimum of
fifteen feet.
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. The twenty foot (20')
rear yard will still apply to the main structure of the house.
i. Maximum Building Height: Buildings shall be a maximum of two
and one-half (2-1/2) stories with the exception that split-level homes
may have a maximum of two and one-half (2-1/2) stories on either the
front or rear elevation and a maximum of three and one-half (3-1/2)
stories on the elevation which begins at the lowest grade.
1.08 General Requirements:
a. At the time of platting, side yard requirements for any lot may be
reduced to the minimum side yard allowed in Tract 1-A or Tract 2-A,
as applicable, where they abut either a common open space or a
landscape easement.
b. Covered drives and porte-cocheres that are architecturally designed as
an integral element of the residential or garage structure of Single
Family detached structures shall be permitted to extend up to five feet
(5') from the established front building line into the front yard area;
that area between the street pavement and the front building line.
c. Streets: All streets shall be built in conformance with the Town of
Prosper, Texas construction standards.
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05082 02107
d. Roof Materials: Wood Roof material is not allowed in either Tract
1-A or Tract 2-A.
e. Sprinkler Fire Protection: Any structure constructed with a square
footage area over six thousand (6,000) square feet of air conditioned
space shall have a fire sprinkler system in accordance with UBC
standards, or such standards accepted by the Town of Prosper.
f. Sidewalks/Hike and Bike Trails: The sub divider will construct a six
foot (6') wide sidewalk on each side of Road "A", as depicted on
Exhibit "A" attached hereto and made a part hereof, to serve as a park
hike and bike trail system. The six-foot (6') walk shall link to the
four -foot (4') neighborhood sidewalks at intersecting side streets. At
the sub dividers option the sub divider may elect to install an eight -
foot (8') wide hike and bike trail on one side of Road "A" and a four -
foot (4') wide sidewalk on the opposite side.
g. Screening Walls: The sub divider shall be permitted to erect
screening walls along the major thoroughfares and collector roads
(including Road "A"). Acceptable construction materials to include
masonry, iron fencing and/or landscape materials, provided plans are
submitted and approved by Town of Prosper staff.
h. Fences: Privacy walls and fences for Tract 1-A and 2-A shall be built
along the property line, within the front, rear or side yard space. There
may exist 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 Road A 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').
i. Mailboxes: The subdivider will establish a common mailbox design
for each Tract.
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05082 02108
j. 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
Lace Bark Elm
k. 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 oriented toward, unless said garage is at least
twenty-five feet (25') behind the front building line.
1. Lot Specifications:
Typical Lot Minimums (1)
Lot Sizes Confi urg ation Width Depth Side Front Rear
10,000 sq. ft. 80 x 125 70' 110, 8' 25' 20'
14,000 sq. ft. 100 x 140 90, 120' 10' 30' 25'
(1) See Sections 1.06, 1.07 and 1.08 for exceptions to the Lot Minimums.
m. City Park/School Site: The developer agrees to work with the Town
of Prosper and Prosper Independent School District in establishing a
combination Elementary School Site and City Park site said
approximate location is depicted on the attached Exhibit "A" and to
be approximately ten (10) acres in size.
n. Fire Station Site: The developer agrees to work with the Town of
Prosper in platting a fire station site equal to or less than three (3)
acres. Notwithstanding the above, a fire station site less than three (3)
acres must be approved by the Town of Prosper. The approximate
location is depicted on the attached Exhibit "A".
o. Road A: Road A as depicted on the exhibit will be a divided
boulevard with two 25' paving sections contained within 85' right -of
way. In addition the developer will plat an additional 20' on each side
of the right-of-way to be a Homeowner Association landscape area.
(See Exhibit "A" for detail)
p. Street Signs: All street signs will contain the Town of Prosper logo.
File:word/La Cima Dev Standards2.doc
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05082 02110
VILLAGES OF LA CIMA
PROSPER, TEXAS
SITE SCREENING AND LANDSCAPE DESIGN GUIDELINES
JULY 10, 2001
ROAD A
1. Road A shall have a minimum 20' setback from the R.O.W. for common area
and screening setback.
2. Road A shall have a masonry screening wall, ornamental metal fence or living
screen. A combination of all three screening types is allowed.
a. Masonry screening walls shall be as follows:
(1) Minimum 6'-0", maximum 8'-0" ht. Thin wall construction
as per attached drawing.
(2) Minor columns shall be maximum 10'-0" o.c.
(3) Major columns shall be maximum 60'-0" o.c.
b. Ornamental metal fences shall be as follows:
(1) 4-8' ht. as per attached drawing.
(2) Major masonry columns shall be utilized to terminate
ornamental fences.
c. Landscape screening shall be as follows:
(1) Minimum 15'-0" setback from the R.O.W. for common
area and screening setback.
(2) A continuous landscape screen. Shrubs to be five gallon in
size and planted no greater than 30" on center. A shrub and
berm combination is allowed.
3. Road A shall be landscaped.
a. Masonry screening walls shall be landscaped as follows:
(1) (1) 3" caliper canopy tree per every 100 linear feet of
frontage. Trees may be grouped in clusters.
(2) Minimum 15% of wall length to be landscaped with shrubs.
(3) All landscaping, including turf shall be watered by an
underground automatic irrigation system.
(4) Low berms, maximum 3'-0" ht. and 4:1 maximum slope,
are encouraged.
b. Ornamental metal fence shall be landscaped as follows:
(1) (1) 3' caliper canopy tree per every 100 linear feet of
frontage.
(2) (1) 6-9' ht. Ornamental tree per every 100 linear feet of
frontage.
(3) Minimum 25% of fence length to be landscaped with
shrubs.
(4) All landscaping, including turf shall be watered by an
underground automatic irrigation system.
(5) Low berms, maximum 3'-0" ht. and 4:1 maximum slope,
are encouraged.
File:word/La Cima Landsc Standards.doc
05002 02111
c. Living screens shall be landscaped as follows:
(1) (1) 3" caliper canopy tree per every 100 linear feet of
frontage. Trees may be grouped in clusters.
(2) A continuous landscape screen utilizing a minimum 5-
gallon plant material planted no more than 30" on center.
(3) All landscaping, including turf shall be watered by an
underground automatic irrigation system.
(4) Low berms, maximum 3'-0" ht. and 4:1 maximum slope,
are encouraged.
4. Pedestrian ways shall be provided as per City of Prosper and Section 1.09 (f).
a. Sidewalks and sports trails shall be minimum 2'-0" from back of curb
and from face of wall.
b. All intersections shall be ADA compliant, with the builder responsible
for barrier -free access ramps.
5. Medians.
a. All medians shall have the first 10'-0" of each nose filled with brick
pavers.
b. Medians shall be landscaped.
(1) (1) 3" caliper canopy tree per every 100 linear feet of
median which is 20' wide minimum, or
(2) (1) 6-8' ht. ornamental trees per every 100 linear feet with
no more than 50% of the trees being ornamental.
(3) The ground shall crown to the center with a slope no
steeper than 5:1 and be covered with grass or groundcover.
6. Neighborhood Entry Medians.
a. Entry medians shall be a minimum of ten (10') feet wide.
b. Entry medians shall be landscaped.
(1) Entry medians shall have the first ten (10') feet of each
nose filled with brick pavers, seasonal color or ground
cover.
(2) (1) 3" caliper canopy tree per every 50 linear feet, or
(3) (1) 6'-8' ht. ornamental tree per every 25 linear feet
(4) The ground shall crown to the center with a slope no
steeper than 5: 1.
(5) All landscaping, including turf shall be watered by an
underground automatic irrigation system.
7. Landscape Trees List:
Live Oak Texas Ash
Red Oak Lace Bark Elm
Pistachio Bald Cypress
Cedar Elm Bradford Pear
Pine Crape Myrtle
Plus any other tree acceptable to the Town of Prosper.
File:word/La Cima Landsc Standards.doc 2
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P('G;-lJ-utw?ntU: 05089 02114 .
City of Pmeper
P.O. Boot 307
Prosper, TX 75078
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) (COUNTY OF COLLIN)
I hereby cedtily that this irK,rurrent was FILED in the File Number Sequence on lfte dale
and the time stamped hereon by me; and was duly RECORDED, in the Mew Public
Records of Real Property of Collin County, Texas on
JAN 1 0 2002
Filed for Record in:
C011irf County, McKinney TX
Honorable Helen Starnes
Collin County Clerk
On Jan 10 2002
At 11:59am
Doc: NL(M : 2002- 0005 43
Recordin/Type:OR 39.00
Receipt W: 1.171