01-31 O - Rezoning Ordinance from SF to Whispering Farms PD (12.9556 Acres, William H. Thompson Survey, Abstract No. 895 (Chuck Green)95082 0 21 1 9 200 2 - 0005546
TOWN OF PROSPER ORDINANCE NO. 01-31
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE
NO. 84-16; REZONING A TRACT OF LAND CONSISTING OF 12.9556
ACRES, MORE OR LESS, SITUATED IN THE WILLIAM H. THOMPSON
SURVEY, ABSTRACT NO. 895 IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS HERETOFORE ZONED AS SINGLE-FAMILY
RESIDENCE DISTRICT-1 (SF-1) UPON ITS ANNEXATION AND IS TO BE
REZONED AS PART OF THE WHISPERING FARMS 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
Chuck Green to rezone 12.9556 acres of land, more or less, situated in the William H.
Thompson Survey, Abstract No. 895 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 02120
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCEL 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
12.9556 acres of land, more or less, situated in the William H. Thompson Survey,
Abstract No. 895 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 a
part of the Whispering Farms Planned Development.
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.
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05082 02-121
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: PENALTrPROVISION. 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.
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05002 02122
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
OPROSPER, TEXAS on this 8`" Day of January, 2002.
�0;•'" � ' •• '.,��APPROVED AS TO FORM-
3
4
Jim Dunmire
Mayor
:. F•• A
ATTESTED TO AND
CORRECTLY RECORDED BY:
Amber Phillips
Town Secretary
. DATE OFPUBLICATION: January16, 2002 McKinney Courier Gazette.
05.082. 02123
cny or Prosper
307
P.�• Box
ProsPe�, 7X 76078
•
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city of Prosper
P.O. Boot 307
Prosper, TX 75078
"NO
ANY PROVISION HEREIN WHICH RESTTHE SALE, RENTAL, OR USE C= THE
Z �"CITED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVA :J A rD
GN ?,FORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS)
I hereby certify that this instrument was FILED in the File Number SequencOUNTY e on the cite
and It=' :me starrged hereon by me; and was du!y REGORGED, in the Offlon a ave
Records oAAeal Property of Collin County Texas on
OCT 1 2 2001
�pf i.acrr�,
off, c z
Filed for eco•rd in:
Collin Com y, McKinney TX
Hoiiarab1 He en Starnes
Collin County Clerk
On Oct 12 2 1
At 11:22afii
Doc/Num : 2001- 018,9929
Reco•rdin /Type:AG 129.00
Receipt : 33703
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Q
P�j� a(ttvhu�11' 0.
Cky di pywpoir
P.O. Box 307
Prosper, TX 75078
05082 02142
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•
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 (COUNTY OF COLLIN)
(THE STATE OF TMS) on me dale
I hereby ceAity thatthlshe eon by me; and was dulyInstrument was FILED in the FRECORile Number
�, in 4� Public
and the time stamped
Records of Real Property of Collin County. Texas on
JAN 10 2002
Filed for Record irT:
Collin County, M(,Kin)ley TX
Honorable Helen Starnes
Collin CoLlnty Clerk.
On TdTT 10 2002
At 11:59am
IToc/Num : 2002- 0005546
Recording/Type:OR 1-3.00 10
Receipt #: 1171
1.0
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PLANNED DEVELOPMENT STANDARDS Cq
WHISPERING FARMS o
co
Final Version August 301h, 2001 'v
Includes Council Meeting Agreements t�
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PLANNED DEVELOPMENT — RESIDENTIAL — 210.73 acres
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Tracts I -A (± 37.62 acres), I-B (± 87.58 acres), I-TH (± 8.34 acres) and I-D (± 77.19 acres) �-
1.01 General Description: The residential tracts are intended to accommodate a variety of
single-family residential uses. The residential units may be comprised of Single Family -
Type A, Single Family -Type B, Single Family- Type C, Detached Patio Home Units
and/or Attached Town Home Units. Development standards for each of the
aforementioned housiq types are outlined within this text. All street signs will
incorporate the Town of Prosper logo as provided by the city to the developer.
1.02 Density: The overall allowed residential density for Tracts I -A, I-B, I-TH, and I-D shall
be 1.95 units per gross acre or a total of five hundred and twenty-two (522) units, as
calculated on a gross land area based on approximately two hundred and eighty-nine
(289) acres as contained within the entire tract of land covered by this PD. Additional
acreage currently owned by Chuck Green to the south of the development is included as
a portion of Tract I-B.
1.03 Permitted Uses: Land uses permitted within residential areas, indicated as Tracts I -A,
I-B, I-TH, and I-D on Exhibit "B", are as follows:
a. Residential units as described herein.
b. Permitted uses referenced in the Prosper Zoning Ordinance 84-16 for use SF-1 as it
currently exists or may be amended.
c. Private or public recreation facilities.
d. Churches/rectories
e. Schools - public or state accredited.
f. Utility distribution lines and facilities.
g. Parks, playgrounds and neighborhood recreation facilities including, but not limited
to, swimming pools, clubhouse facilities and tennis courts.
h. Fire stations and public safety facilities.
i. Real estate sales offices during the development and marketing of the residential
areas.
j. Public streets.
k. 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.
I. Temporary buildings and uses incidental to construction work on the premises,
which shall be removed upon completion.
m. Detached freestanding garages with "Granny Flats," collectively called accessory
buildings, shall be permitted. A minimum of ten feet (10') separation shall be
provided between the garage and the main building. "Detached" shall allow for an
unenclosed breezeway connecting roof canopies between garages and residences.
Detached structures not incorporating a breezeway to the main building shall be
subject to accessory building setbacks of five-foot (5') rear and side yards.
Whispering Farms PD2 1 of 14
IT5 0 2 3$-
Accessory buildings that are attached to the main building with a breezeway shall be
subject to the main building setbacks as specified herein. The maximum area of
enclosed space for quarters shall not exceed eight hundred square feet (800 s.f.).
The quarters may be leased to a non -related party only if the main residence is CD
currently owner -occupied. Should the main residence be leased, then the same Ln
party leasing the main structure may only occupy the quarters. A maximum of one
"Granny Flat" per lot is allowed. Granny Flats are not allowed within Tract I-TH.
n. Any residence abutting and/or adjoining a trail built to serve as an equestrian trail is
permitted to house one (1) horse in the permitted accessory building on one acre or
larger lots. v
1.04 Required Parking: Parking requirements for single-family development areas shall be
as follows: two (2) off-street parking spaces shall be provided on the same lot as the (-n
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. Masonry: Up to one hundred percent (100%) of the total exterior wall surfaces of
all main buildings shall have an exterior finish of glass, natural and/or cultured
stone, Hardi-plank and/or other cementious-type siding, stucco, brick, cut- or split -
face CMU or similar materials as approved by the Town of Prosper, Texas, or any
combination thereof. The use of wood as a primary exterior building material shall
be limited to a maximum of twenty-five percent (25%) of the total exterior wall
surfaces.
b. Roofing Materials: Wood -roofing materials shall not be permitted within the
development.
c. Fire Sprinkler Requirements: All residential structures in excess of 6000 ft of
gross space shall be required to have working sprinkler systems in accordance with
UBC requirements at the time of adoption of this agreement by the Town council of
Prosper.
Fencing Requirements:
a. Bridle / Hike & Bike trails: All fencing installed against the hike & bike trail
and/or green belts shall be of open -type fencing, with a height not to exceed
4 feet above grade at the base of fence.
b. Lot Fencing: No residential fencing regardless of material may exceed 8
feet in overall height above grade at the base of the fence.
c. General Wood Fencing restrictions: Any wood fence that faces a residential
street shall be of board -on -board construction of cedar or better.
e. Bar Ditches and Culverts: Developer agrees that all lots serviced by bar ditches
within the development will require:
a. Developer -installed culverts and driveway monuments to ensure continuity
within the development and designed drainage capacity.
b . Developer -maintained engineered grades and drainage capacity within the
bar ditches during the development to ensure the designed drainage
capacity.
c . HOA to assume maintenance of Bar Ditches for a period 5 years after date
of final acceptance by Town of that particular phase of the subdivision.
f. Garage Orientation: For Tracts I-B and I-D, no more than 1/3 of the homes will
have two or more garages facing the street which the front elevation of the house is
oriented toward unless said garage is located at least 25 feet behind the front
building line.
Whispering Farms PD2 2 of 14
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1.06
1.07
Single Family - Type A in Tract I -A: Single Family - Type A units are a form of single
family, detached housing. Building and area requirements are as follows: CD
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a. Minimum Dwelling Size: The minimum area of the main building shall be twenty-
six hundred (2600) square feet, exclusive of garages breezeways and porticos. CJ
b. Lot Area: The minimum area of any lot within Tract I -A shall be twenty-one
thousand square feet (21,000). r. J
c. Lot Coverage: In no case shall more than thirty-five percent (35%) of the total lot v
area be covered by the combined area of the main buildings and accessory m
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 a minimum of one hundred feet
(100') 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 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 a minimum of one hundred and
ninety feet (190'), except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have minimum lot depth, measured at mid -points on front
and rear lot lines, of one hundred feet and forty feet (140') provided all other
requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be thirty-five feet (35') for
any lot containing less than 30,000 square feet, and forty-five feet (45') for any lot of
30,000 square feet or greater.
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').
Rear Yard: The minimum depth of the rear yard shall be thirty feet (30'). If the rear
lot line abuts a dedicated alley; the garage door, if provided, must be set back a
minimum of twenty feet (20').
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.
Single Family - Type B on Tract I-B: Single Family - Type B units are another form of
detached housing. Building and area requirements are as follows:
Minimum Dwelling Size: The minimum area of the main building shall be two
thousand four hundred (2400) square feet, exclusive of garages breezeways and
porticos.
Lot Area: The minimum area of any lot within Tract I-B shall be fourteen thousand
four hundred and ninety square feet (14,490).
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.
Whispering Farms PD2 3 of 14
d. Lot Width: The minimum width of any lot shall be a minimum of ninety feet (90') 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;
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provided all other requirements of this section are fulfilled.
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e. Lot Depth: The minimum depth of any lot shall be a minimum of one hundred and
sixty feet (160'), except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have minimum lot depth, measured at mid -points on front
ry
and 'rear lot lines, of one hundred feet and twenty feet (120') provided all other
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requirements of this section are fulfilled.
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f. Front Yard: The minimum depth of the front yard shall be thirty-five feet (35') for
any lot containing less than 30,000 square feet, and forty-five feet (45') for any lot of
30,000 square feet or greater.
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 thirty feet (30'). If the rear
lot line abuts a dedicated alley, the garage drive entry, if provided, must be set back
a minimum of twenty feet (20').
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 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 Single Family - Type C on Tract I-D: Single Family - Type C units are another form of
detached housing. Building and area requirements are as follows:
a. Minimum Dwelling Size: The minimum area of the main building shall be two
thousand two hundred (2200) square feet, exclusive of garages breezeways and
porticos.
b. Lot Area: The minimum area of any lot within Tract I-D shall be twelve thousand
eight hundred square feet (12,800).
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 a minimum of eighty feet (80') 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 fifty five feet (55') at the building
line; provided all other requirements of this section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be a minimum of one hundred and
forty feet (140'), except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have minimum lot depth, measured at mid -points on front
and rear lot lines, of one hundred feet and ten feet (110') provided all other
requirements of this section are fulfilled.
Whispering Farms PD2 4 of 14
f. Front Yard: The minimum depth of the front yard shall be twenty-five feet (25') for
any lot containing less than 15,000 square feet, and thirty-five feet (35') for any lot of
15,000 square feet or greater.
g. Side Yard: The minimum side yard on each side of the lot shall be ten feet (10').
h. Rear Yard: The minimum depth of the rear yard shall be thirty feet (30'). If the rear _
lot line abuts a dedicated alley; the garage door, if provided, must be set back a
minimum of twenty feet (20'). rV
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 CO
and one-half (2-1/2) stories on 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.
1.09. Town Home / Patio Home Tract I-TH: These units are another form of single-family
housing. Town Home Units are attached housing, and Patio Home Units are detached
housing. Product types will not be mixed within this tract, and the preliminary plat will
reflect the choice made by the Developer between the Town Home and the Patio Home
product. Maximum number of units to be built on this tract is 15. Building and area
requirements are as follows:
a. Minimum Dwelling -Size: The minimum area of the main building shall be one
thousand four hundred fifty (1,450) square feet, exclusive of garages, breezeways
and porticos.
b. Lot Area: The minimum area of any lot shall be five thousand (5,000) square feet.
c. Lot Coverage: In no case shall more than sixty percent (60%) 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 forty-five feet (45') at the front
building line, except lots at the terminus of a cul-de-sac or, along street
elbows/eyebrows may have a minimum width of forty feet (40') 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 feet (100'), except a
lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a
minimum lot depth, measured at mid -points on front and rear lot lines, of ninety feet
(90'); provided all other requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be twenty feet (20').
g. Side Yard: Town Home: No side yard requirements apply to attached Town
Home structures. Patio Home: Side yard setbacks shall be zero (0) to three feet
(3') on one side (the zero side) and seven feet (7') to ten feet (10'), on the opposite
side. A minimum separation of ten feet (10') is required between structures, unless
the adjacent structures are attached. 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 ten feet (10'). If the rear
lot line abuts a dedicated alley, the garage door, if provided, must be set back a
minimum of twenty feet (20').
Whispering Farms PD2 5 of 14
Rnj.���
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 the front or rear, elevation and a maximum of three C'D
and one-half (3-1/2; stories on the elevation, which begins at the lowest grade. CO
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1.10 Internal Utilities for Development:
All franchise utilities within the development shall be run underground.
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1.11 Work — Live (Village) Units on Tract I-VL: Work -Live (Village) units offer a unique
opportunity for resijents and tenants. The first floor of the units shall be designed to iV
accommodate sirgle-family residential, office, light retail and/or neighborhood services.
The first floor of the village units shall accommodate a minimum of twenty five percent
(25%) retail usage. The upper floor(s) of the units shall be designed primarily for single
family or multi -family residential uses. Village units are another form of single and/or
multi -family, detached or attached housing. If not attached, the units shall be zero -lot
line homes in which the unit is sided on, or adjacent to, one of the side lot lines. The
village lots wi.'I have access and frontage on a public road. Building and area
requirements art' as follows:
a. Minimum Structure Size: The minimum area of the structure shall be twelve
hundred square feet (1,200), exclusive of garages, breezeways and porticos.
b. Lot Area: T ie minimum area of any lot shall be twenty-five hundred (2500) square
feet, with a maximum area not to exceed twelve thousand five hundred (12,500)
square feet..
c. Lot Cove;.'age: In no case shall more than eighty percent (80%) of the total lot area
be coverf3d by the combined area of the main buildings and accessory buildings.
Swimm;,ig pools, spas, decks, patios, driveways, walks and other paved areas shall
not bF: included in determining maximum lot coverage.
d. Lot. Width: The minimum width of any lot shall be forty-five feet (45') at the front
building line, except lots at the terminus of a cul-de-sac or, along street
elt)ows/eyebrows may have a minimum width of forty feet (40') 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 feet (100'), except
a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a
minimum lot depth, measured at mid -points on front and rear lot lines, of ninety feet
(90'); provided all other requirements of this section are fulfilled.
f. Flag Lots: To assist in recreating the feel of a true European Village, Flag Lots are
permitted within the Tract I-VL. Minimum street frontage of a Flag Lot shall be no
less than ten feet (10'). This frontage is to allow for pedestrian access to the unit
only. All direct vehicular access to units on Flag Lots will be from the alley.
g. Number of total lots within village: The maximum number of lots to be platted
within the I-VL tract is not to exceed twenty (20).
g. Front Yard: The minimum depth of the front yard shall be five feet (5').
h. Side Yard: If developed as detached units, the side yard setbacks shall be zero (0)
to three feet (3') on one side (the zero side) and seven feet (7') to ten feet (10'), on
the opposite side. A minimum separation of ten feet (10') is required between
Whispering Farms PD2 6 of 14
1 1 1 K019A
1.12
1.13.
1.14
structures. A side yard adjacent to a street shall be a minimum of fifteen feet (15'). CD
No side yard requirements apply to attached structures. Crl
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i. Rear Yard: The minimum depth of the rear yard shall be ten feet (10'). If the rear lot Co
line abuts a dedicated alley; the garage door, if provided, must be set back a v
minimum of twenty feet (20').
h. Maximum Building Height: Buildings shall be a maximum of two and one-half (2- ry
1/2) stories with the exception that split-level homes may have a maximum of two
and one-half (2-1/2) stories on the front or rear, elevation and a maximum of three CZ)
one-half (3-1/2) stories on the elevation, which begins at the lowest grade.
Architectural Standards for Live - Work (Village) Units:
a. Up to fifty (50%) of the structure may be faced with a cementatious siding. Stone,
brick, stucco or cast stone may be incorporated into the exterior.
c. A sidewalk canopy -may extend to the lot line or sidewalk edge or parking curb on
the street and parking elevations of the building.
d. Structures may be attached or detached within Tract I-VL.
e. The second floor use will be limited to a maximum of two (2) residential units or
clerical office as an auxiliary to the first floor uses.
f. The first floor uses shall be per Prosper Neighborhood Retail District and in addition
to the approved uses as listed in Section 3.02, shall allow for the following:
residential, catering, restaurant with outdoor dining, private club subject to approval
of a SUP, laundry drop off and pick up, art galleries, copy and business services
center, antique shop, real estate sales, title company, gift shop, day care, bakery,
and general store.
g. A minimum of 25% of the first floor units will be used for retail -type purposes.
h. Signage shall be permitted on the canopy and/or building face and if illuminated, the
sign shall be illuminated with low -intensity lamps. Neon lighting on the exterior shall
not be permitted.
i. The residential unit shall have a separate entrance to the street and/or access
easement.
j. The residential unit may or may not have a detached garage on the same lot. The
separation between the buildings shall be a minimum of ten feet (10'). The
setbacks shall apply to the detached structure.
General Landscauing Requirements for Tracts 1-A, I-B, I-D and I-TH:
a. For lots developed on Tracts I -A, I-B, and I-D two hardwood shade trees with a
minimum of three caliper inches (3") shall be planted within the lot area. One shade
tree in the lot may be substituted for three (3) ornamental trees. A credit toward
these requirements shall be granted by preserving existing trees on any lot equal to
one caliper inch credit for each caliper inch of tree preserved regardless of specie of
preserved tree. These requirements shall satisfy landscape and tree requirements
for single-family homes.
b. For lots on Tract I-TH developed to Town Home (TH) standards, one (1) hardwood
shade tree with a minimum of three caliper inches (3") shall be planted in the
parkway between the sidewalk and street six feet (6') from the back of the curb.
The tree shall be centered on the lot. One additional hardwood shade tree with a
minimum of three caliper inches (3") or three (3) ornamental trees shall be planted
within the lot area. These requirements shall satisfy landscape and tree
requirements for single-family homes.
General Requirements for Tracts I -A, I-B, I-D, and I-TH:
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a. Driveways: Covered drives and porte-cocheres that are architecturally designed as
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an integral element of the residential or garage structure of Single Family, detached
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structures shall be permitted to extend up to fifteen feet (15') from the established
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front building line into the front yard area; that area between the street pavement
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and the front building line
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b. Side Yards: If approved by the Town of Prosper, Texas, at the time of platting, side
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and rear yard requirements may be waived where they abut a common open space.
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c. Streets: All interior streets for the development shall be 24' from edge of concrete
to edge of concrete. The streets providing direct access to the school site from CR
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80 and CR 122 are to be 27' wide from edge of concrete to edge of concrete. All
lots in tracts I -A, I-B and I-D to be serviced by bar ditches. All lots in tracts I-VL and
I-TH to be serviced by mountable curb and gutter.
d. Roof Materials: No wood roofing materials are permitted within the development.
e. Fire Sprinkler Requirements: All residential structures in excess of 6000 ft of
gross space shall be required to have working sprinkler systems in accordance with
UBC requirements at the time of adoption of this agreement by the town council of
Prosper.
f. Sidewalks: The Developer shall be permitted to construct an eight foot (8') wide
sidewalk on either side of the collector road system to serve as a park bridle
hike/bike trail system providing adequate width for the designated use. This
requirement shall be an allowable option to the current requirement providing a four -
foot (4') sidewalk on each side of the collector road system.
Park Trail: The Developer shall be permitted to construct a parallel trail system.
One trail is specifically to service pedestrian traffic that will consist of a 4' wide and
4" thick concrete ribbon. The second trail will consist of a 6 to 8 foot wide cinder
trail for equestrian use. These trails are to run on a basically parallel path with no
physical separation barrier. The Developer may vary the separation of the two trails
where restraining topographic conditions exist creating an unsafe condition for
pedestrian, equestrian and bicycle users.
Bridle Trail: All trails specifically designated for equestrian use will be improved
using pea gravel or similar material bounded on both sides by a landscape border.
Perimeter Screening: The developer shall not be required to erect, but shall be
permitted to erect living screens, screen walls and/or fencing along the major
thoroughfares and collector roads to include masonry; iron, plastic or wood fencing
and/or landscape materials (living screen), provided plans are submitted and
approved by Town of Prosper staff.
Walls: Privacy walls and fences are not allowed on any lot larger than 20,000
square feet, with the sole exception being for a privacy fence surrounding a pool or
spa. For any lot smaller than 20,000 square feet regardless of Tract, a privacy
fence may be constructed (builder/owner choice) 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. Fencing material to be a durable treated or seasoned wood material of
Whispering Farms PD2 8 of 14
cedar or better and is to utilize metal posts, concrete Tooter for these metal posts
and board -on -board only with further construction details as further defined within
the CCR package for each phase of development. No front yard fencing is to be Un
allowed in Tracts I -A, I-B, and I-D unless approved by Town Council through a CD
variance request. Co
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2.0 EQUESTRIAN CENTER - COMMERCIAL Tract I-EQ (± 2 acres on southern edge of entry CD
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2.01 General Description: The Equestrian Center is designed to accommodate a multiple W
stall stable with appropriate tack, storage and demonstration facilities. Architecture of
the building is to complement the overall neighborhood, but may be barn -like in nature.
2.02 Permitted Uses: Area is to be designated for the Equestrian Center only. No other
commercial or residential activity may be developed/platted on Tract I-EQ.
3.0 PLANNED DEVELOPMENT - COMMERCIAL Tracts I-C (± 6 acres located at the Southeast
corner of CR 80 and CR 122), and Tract I -SC (± 7 acres located adjacent to the Village
area and proposed City Park).
3.01 General Description: The Commercial areas will provide the ability to encourage and
to accommodate the further development of neighborhood service centers along future
Coit Road and CR 122 along with the proposed elementary school site within the
development (Tract I -SC). In the event the Prosper Independent School District does
not assume or retain possession of Tract I -SC, the Tract may then be developed under
the conditions as applicable to the adjacent tract, I-D at the sole discretion of the
Developer.
3.02 Permitted Uses: The following uses shall be permitted in the commercial areas
indicated as Tracts I-C on Exhibit "B". Tract I -SC may only be used as a school (public,
charter or private) or revert to I-D residential standards.
• Antique Shops - Indoor Display Only
• Appliance Stores
• Artist Materials and Supplies
• Auto Laundries/ Car Wash Facilities
• Auto Parts Sales - No Outdoor Storage/Display
• Baby Shops
• Bakery and Confectionery Shops
• Banks, Savings and Loan and Credit Unions
• Banks, Savings and Loan and Credit Unions - With Drive-Thru Services
• Barber/Beauty Shops
• Beverage Stores - In accordance with other applicable City of Prosper, Texas
Ordinances as they presently exist or may be amended
• Billboard and Advertising Signs - Permitted in compliance with the City of Prosper,
Texas Sign Ordinance as it presently exists or may be amended
• Book and Stationery Shops
• Bus Stops
• Business Services
• Cafeterias
• Camera Shops
• Candy and Cake Shops
• Catering Establishments
• Churches/Rectories
Whispering Farms PD2 9 of 14
• Cleaning, Dyeing, Pressing, Pick-up and Collection Agencies
• Clothing and Apparel Stores
• Clothing, Footwear and Textile Centers
• Computer Sales and Repairs
• Computer Training Facilities
• Convenience Stores
• Convenience Stores - With Gas Service
• Copy Services (i.e. Quick Copy)
• Corporate and Professional Office Facilities and Headquarters
• Curio and Gift Shops
• Dairy Products and Ice Cream Stores
• Day Care Centers for Children
• Delicatessens
• Drapery Shops
• Dress Shops
• Drug Stores/Pharmacies
• Dry Good Stores
• Electronic Product Sales
• Electronic Security Facilities
• Feed Stores
• Financial Institutions
• Fitness and Health Centers
• Florist and Garden Shops
• Fraternal Organizations, Lodges and Civic Clubs
• Furniture and Upholstery Centers - Including Repairs
• Furniture, Home Furnishings and Equipment Showrooms and Sales
• Furniture Stores
• General Merchandise Stores
• Governmental and Utility Agencies, Offices and Facilities - No outdoor storage
unless screened
• Greenhouse and Nursery Facilities - Sales Permitted
• Grocery Stores and Supermarkets
• Guard and Patrol Services
• Hardware and Building Materials Stores - No outdoor storage unless screened
• Health Product Sales
• Hospitals and Emergency Centers
• Household Appliance Services and Repairs
• Interior Decorating Stores
• Jewelry Stores
• Key Shops/Locksmiths
• Laundromats
• Laundry and Dry Cleaning Establishments
• Leather Goods Shops
• Meat Markets - No Slaughter Houses or Packing Plants
• Medical Equipment Showrooms
• Medical and Health Care Facilities/Clinics
• Medical Offices
• Messenger/Courier and Telegraph Services
• Municipal Buildings and Facilities
• Museums, Libraries, Art Schools and Art Galleries
• Musical Instrument Sales
• Newspaper and Magazine Sales
• Novelty/Notion Stores
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Whispering Farms PD2 10 of 14
• Offices - Professional, Administrative and General Offices - Including but not limited
to, doctors, optometrists, psychiatrists, attorneys, architects, engineers, planners,
travel agents, advertising, insurance and real estate offices
• Office Showroom Facilities - Sales Permitted
• Office Businesses
• Office Equipment Repairs and Maintenance
• Office Supplies and Sales
• Optical Stores - Sales and Services
• Paint Stores
• Parks, Playgrounds, Recreational Facilities and Community Centers
• Pet Grooming and Supplies
• Pet Shops
• Photographic Services
• Play Equipment - Sales and Display
• Post Office Facilities
• Printing and Duplicating Establishments
• Private Club Facilities - In accordance with other applicable City of Prosper, Texas
Ordinances as they presently exist or may be amended
• Radio and Television Sales and Services
• Recreation Centers - Public and Private
• Restaurants
• Restaurants - With Drive-In/Drive-Thru Service
• Retail Sales
• Retail Shops and Stores
• Schools - Public or State Accredited
• Scientific/Research Facilities - Emissions of hazardous or toxic chemicals shall be
prohibited
• Securities and Commodities Offices - Including, but not limited to, brokers, dealers,
underwriters, exchange offices and similar offices
• Service Stations Full Service (Including Bays)
• Service Stations - Self Service
• Sewing Machine Sales and Services
• Shoe and Boot Sales and Repair Stores
• Sign Sales, Sign installation to be in compliance with the City of Prosper, Texas
Sign Ordinance as it presently exists or may be amended
• Small enclosed Machinery Sales and Services - Service and repair facilities to be
under roof and enclosed.
• Specialty Shops and Boutiques
• Sporting Good Sales
• Studios - Art, Photography, Music, Dance, Gymnastics, Health, etc.
• Tailor Shops
• Theaters - Indoor
• Theatrical Centers
• Tire Dealers - No Outdoor Storage
• Toy Stores
• Trade and Commercial Schools
• Travel Bureaus
• Trophies and Awards Shops
• Utility Distribution Systems and Facilities
• Variety Stores
• Veterinarian Clinics and Kennels - Limited to Small Animals (No Outside Runs)
• Watch Making Shops
• Accessory buildings and uses customarily incidental to the permitted uses
Whispering Farms PD2 11 of 14
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• Temporary buildings and uses incidental to construction work on the premises to be CJl
removed upon completion or abandonment of construction work
• , pProsper Uses similar to the above -mentioned permitted uses, the ProCity G7
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Council approves said uses prior to the issuance of a building permit.
3.03 Density: Allowed density for Tracts I-C shall be as follows: ry
The allowed floor area ratio for buildings located within Tracts I-C shall be 4:1. W
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3.04 Required Parking: Parking shall be provided in accordance to Zoning Ordinance No.
84-16 for the Town of Prosper, Texas, as it presently exists or may be amended.
Parking shall be permitted within all required yard areas.
3.05 Off -Street Parking and Loading Conditions: Off-street parking and loading
requirements shall conform to Zoning Ordinance No. 84-16 of the Town of Prosper,
Texas as it presently exists or may be amended. Off-street parking and loading shall be
permitted within all required yard areas.
3.06 Shared Parking: all owners or parties involved must submit shared parking
agreements, in writing to the Town of Prosper. The agreement must be approved by
the Town of Prosper, Texas. If approved, the reduction shall be tied to the uses listed in
the shared agreement. If any of the uses change, a reassessment of the shared
parking agreement will be required. The Town of Prosper, Texas shall not permit new
uses until another agreement is approved by the Town of Prosper, Texas or the
individual parking requirements are met.
3.07 Building Materials: A minimum of seventy-five percent (75%) of the total exterior wall
surfaces of all main buildings shall have an exterior finish of glass, natural and/or
cultured stone, stucco, brick, split -face CMU or similar materials (as approved by the
Town of Prosper, Texas) or any combination thereof. The use of wood as a primary
exterior building material shall be limited to a maximum of twenty-five percent (25%) of
the total exterior wall surfaces. Additionally, a structure may be comprised of 50% brick,
stone or other conventional material and the balance of the exterior finish to be Hardi-
plank.
3.08 Building Heights: The permitted height of all buildings within the commercial tracts,
Tracts I-C and I -SC shall be two (2) stories.
3.09 Lot Area: The minimum area of any lot shall be twelve thousand five hundred (12,500)
square feet.
3.10 Lot Width: The minimum width of any lot shall be one hundred feet (100').
3.11 Lot Depth: The minimum depth of any lot shall be one hundred twenty-five feet (125').
3.12 Lot Coverage: In no case shall more than fifty percent (50%) of the total lot area be
covered by the combined area of the main buildings. Parking structures and surface
parking facilities shall be excluded from the coverage computations.
3.13 Front Yard: There shall be a front yard having a depth of not less than thirty feet (30').
Front yard setbacks are required on both streets for corner lots.
3.14 Side Yard: Side yard requirements for commercial areas shall be as follows:
a. No side yard shall be required where commercial structures are attached.
Whispering Farms PD2 12 of 14
b. A ten foot (10') side yard shall be required where commercial structures are located
adjacent to one another and where vehicle access is not required.
c. A twenty-four foot (24') side yard shall be provided where fire lane access is O
required and provision for a vehicular access/fire lane easement is not available on (J1
the adjoining property. 0
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d. A twenty-five foot (25') side yard shall be provided adjacent to a single family zoned N
district. c=)
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e. A thirty foot (30') side yard shall be provided adjacent to a dedicated street. _
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3.15 Rear Yard: Rear yard requirements for commercial areas shall be as follows: M
a. No rear yard shall be required where commercial structures are attached.
b. A ten foot (10') rear yard shall be required where commercial structures are located
adjacent to one another and where vehicle access is not required.
c. A twenty-four foot (24') rear yard shall be provided where fire lane access is
required and provision for a vehicular access/fire lane easement is not available on
the adjoining property.
d. A twenty-five foot (25') rear yard shall be provided adjacent to a single family zoned
district.
e. A thirty-foot (30') rear yard shall be provided adjacent to a dedicated street.
3.16 Screening Wall: Unless otherwise approved by the Prosper Town Council or their
designee, a six-foot (6') screening wall shall be provided between areas developed for
residential uses and those areas developed for commercial uses on Tract I-C only. The
commercial user shall be responsible for the construction of the six-foot (6') screening
wall. This screening wall shall be constructed at the time a commercial property is
developed, and shall only be required adjacent to the specific commercial property that
is being developed.
Unless otherwise approved by the Prosper Town Council or their designee, the above
referenced six-foot (6') screening wall shall be constructed of stone, stucco, brick, tile,
concrete or similar materials as approved by the Town of Prosper, Texas, or any
combination thereof.
4.0 PLANNED DEVELOPMENT - GENERAL CONDITIONS
4.01 General Compliance: Except as amended by these conditions, development of
property within this Planned Development must comply with the requirements of all
ordinances, rules and regulations of the Town of Prosper, Texas as they presently exist
or may be amended.
a. All paved areas, permanent drives, streets and drainage structures must be
constructed in accordance with standard Town of Prosper, Texas specifications as
they presently exist or may be amended.
b. The Building Inspector shall not issue a building permit or a certificate of occupancy
for a use in a phase of this Planned Development District until there has been full
compliance with these codes and all other rules and regulations of the Town of
Whispering Farms PD2 13 of 14
Prosper, Texas as they presently exist or may be amended and area applicable to
that phase.
4.02 Maintenance of Facilities: The Owner(s) shall establish, which each development plan
submittal, a property owner's 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 development plan.
4.03 Performance Bond. Developer agrees to provide to the Town a Performance Bond on
all public improvements dedicated to the Town. This bond is to be a 2 year, 10% bond.
4.04 Common Driveway detail: As part of the common driveway entrance feature for all
lots smaller than 15,000 square feet in Tract I-D, developer will install a 24" wide green
space between the two driveways that share the common culvert and entrance. This green
space is to begin at a point no farther than 6' from the edge of the road way.
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Whispering Farms PD2 14 of 14
EXHIBIT "E"
(Well and Water Storage Site Dedication to Prosper)
C:\DOCUMENTS AND SETTINGS\MIBEATY\MY DOCUMENTS\BLACKARD DEVELOPERS AGREEMENT.DOC
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15-Aug-2101 02:03pm From -Jonas & Boyd
9TZZ461414
LEGAL DESCRIPTION
WELL SITE
BEING all that tract of land in Collin County, Texas, a part of the SPENCER GRAHAM
SURVEY, ABSTRACT NO. 359, and being a part of that 275.75 acre tract of land
conveyed to Tuscany Prosper Joint Venture from 288 Star Lakes Partners, L-P. on May
23, 2001, as recorded in Volume 4926, Pabe 1793, Collin County Deed Records, and
being further described as follows.
COMMENCING at a one-half inch iron rod found at the northeast corner of said 275.75
acre tract of land, said point being in the west line of a 2.5 acre tract of land conveyed to
Leon J. Mace as recorded in Volume 3610, Page 446, Collin County Deed Records;
THENCE South 00 degrees 24 minutes 27 seconds East, 20.00 feet alonc, the east line of
said 275.75 acre tract of land and along the west line of said 2.5 acre tract of land to a
one-half inch iron rod set for comer at the POINT OF BEGINNING of this tract of land;
TTd.E.NCE South 00 degrees 24 minutes 27 seconds East, 292.11 feet along the cast line of
said 275.75 acre tract of land and along the west line of said 2.5 acre tract of land to a
one-half inch iron rod found at the southwest corner of said 2.5 acre tract, said point
being the northwest corner of a 2.61 acre tract of land conveyed to George Boyce as
recorded in Volume 2138, Page 253, Coll in County Tweed Records;
THENCE South 00 degrees 10 minutes 13 seconds East, 7.07 feet along the east line of
said 275.75 acre tract of land and along the west line of said 2.61 acre tract of land to a
one-half inch iron rod set for corner;
THENCE South 89 degrees 49 minutes 47 seconds West, 150.70 feet to a one-half inch
iron rod set for comer;
THENCE Northwesterly, 236.44 feet along a curve to the right which has a central angle
of 90 degrees 18 minutes 53 seconds, a radius of 150.00 fee[, a tangent of 150.83 feet,
and whose chord bears North 45 degrees 00 minutes 47 second~ West, 212.71 feet to a
one-half inch iron rod set for corner;
THENCE North 00 decrees 08 minutes 40 seconds East, 150-00 feet to a one-half inch
iron rod yet for corner in the north line of said 275.75 acre tract;
TiJENCE South 89 degrees 51 minutes 20 seconds East, 298.67 feet along the north line
of said 275.75 acre tract to the POINT OF BEG.INNJNG and containing 85,142 square
feet or 1.955 acres of land.
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EXHIBIT "F"
(AIA Construction Manager (Fee) Contract between Prosper and Blackard for the
"Improvements")
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