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05-11 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-11 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A TRACT OF LAND CONSISTING OF 318.98 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-1 (SF-1) AND PLANNED DEVELOPMENT-SINGLE FAMILY (PD-SF) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE FAMILY-1/2/ESTATE (PD- SF-1/21E); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 84-16 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Clark Partners, L.P. ("Applicant")to rezone 318.98 acres of land, more or less, situated in the Larkin McCarty Survey,Abstract No. 600, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 84-16. Zoning Ordinance No. 84-16 is amended as follows: The zoning designation of the below-described property containing 318.98 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract No. 600, 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-Single Family-1/2/Estate (PD-SF-1/2/E). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit"A" attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with the 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the conceptual development plan, attached hereto as Exhibit"D"; and 4)the development schedule, attached hereto as Exhibit"E"; each of which is incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the building 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 or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 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 ($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: 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: Savings/Repealinq 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 appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 8th DAY OF FEBRUARY, 2005. APPROVED AS TO FORM: e ger, r ATTESTED TO AND CORRECTLY RECORDED BY: Shanae Jenni , Town Secretary DATE OF PUBLICATION: 9� V /A_S , Dallas Morning News—Collin County Addition LEGAL DESCRIPTION BEING a tract of land situated in the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas and also being all of a 113.5 acre (Tract 1) and a 6.50 acre tract (Tract 2) as conveyed to the Charles Hooper and Doyle S. Stacey as recorded in Volume 693, Page 657 of the Deed Records of Collin County, Texas, and being all of a 196.860 acre tract as conveyed to HRC Ranch LTD. as recorded in Volume 4911, Page 2695, D.R.C.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod set for corner at the intersection of the west Right Of Way line of F.M. No. 2478 and the south Right Of Way line of County Road No. 122; THENCE South 44 degrees 13 minutes 55 seconds East following the west ROW line of F.M. No. 2478 a distance of 40.53 feet to a 1/2 inch iron rod set for corner; THENCE South 00 degrees 31 minutes 04 seconds West following the west ROW line of F.M. No. 2478 a distance of 3526.29 feet to a point in Wilson Creek; THENCE up Wilson Creek N 89'03'36" W 43.05' N 68'53'53" W 286.04' N 55'23'30" W 246.31' N 69'57'12" W 211.50' N 12'08'58" W 70.59' N 22'49'58" E 223.61' N 03'15'12" W 246.42' N 28'09'1 1" W 166.26' N 42'52'05" W 893.24' THENCE South 01 degree 19 minutes 47 seconds East a distance of 1066.81 feet to a point for corner; THENCE South 01 degree 20 minutes 19 seconds East a distance of 367.29 feet to point for corner; THENCE South 01 degrees 12 minutes 02 seconds East a distance of 531.82 feet to a point in the north ROW of County Road No. 79; THENCE South 89 degrees 36 minutes 38 seconds West following the north ROW line of said CR. No. 79 a distance of 2414.76 feet to a point for corner; THENCE South 85 degrees 46 minutes 22 seconds West a distance of 723.60 feet to a point for corner; THENCE South 01 degree 34 minutes 43 seconds West a distance of 87.05 feet to a point for corner; THENCE South 88 degrees 59 minutes 53 seconds West a distance of 358.36 feet to a point for corner; THENCE South 88 degrees 57 minutes 39 seconds West a distance of 512.67 feet to a point for corner; THENCE North 00 degrees 27 minutes 47 seconds West a distance of 2053.17 feet to a point in Naugle Creek; Thence Down Naugle Creek N 58'04'35" E 263.00' S 73'10'59" E 145.00' S 80'59'43" E 300.00' S 68'10'10" E 254.00' N 88'09'30" E 137.50' N 59'13'30" E 150.60' N 86'41'50" E 90.80' N 58'38'43" E 177.80' S 78'05'55" E 52.20' S 44'49'43" E 107.70' N 85'22'28" E 47.00' N 52'31'06" E 226.60' N 85'53'27" E 315.03' N 56'57'20" E 123.50' N 23'26'45" E 117.00' N 59'30'55" E 98.00' N 81'55'15" E 114.00' S 74'22'02" E 155.50' N 44'08'49" E 141.00' N 72'15'07" E 83.00' S 34'00'45" E 149.00' N 82'37'30" E 46.00' N 51'53'55" E 103.00' N 39.30'50'. E 239.48' to a point of intersection of Naugle Creek and Wilson Creek; THENCE down Wilson Creek S 22'38'31" E 33.72' S 71'34'53" E 45.11' THENCE North 00 degrees 20 minutes 12 seconds East a distance of 1454.90 feet to a 1/2 inch iron rod found for corner in the south ROW line of CR No. 122; THENCE South 88 degrees 37 minutes 33 seconds East following the south ROW line of CR. No. 122 a distance of 1056.87 feet to 1/2 inch iron rod found for corner; THENCE South 88 degrees 55 minutes 08 seconds East following the south ROW line of said CR. No. 122 a distance of 1067.85 feet to the POINT OF BEGINNING and containing 13,894,783 square feet or 318.980 acres of land. SURVEYOR'S CERTIFICATE The legal description shown hereon is a true representation of the 119.453 acre tract as determined by a survey made on the ground under my supervision. The 196.860 acre tract was prepared by Roome Surveying Company and was joined together with the 119.453 acre survey by holding common lines and corners. The acreage shown is based on the best fit of the two tracts h some overlapping occurring in the creek area. '4 • OF A \S T E••• � Q G ;Q -/-- 3';kil, avid J. Surdukon . .L.S. No. 4 13 t DAVID J. SURDUKAN 4613 < o�Po� 0 mess�• � vi —I-4 -- - I y' --�-. _ — . k. —" .� fiaa MINIM .•ride.Power•.•1 /Mr MI/ =0. NW •11411 MAW SOW r"•..+`r"�A+�L am:.. w sMeVaw17. i11 I NW NMI . 71�a'K=fir ` I PROJECT/ .—Lg® rrA•i7ei i.•Mr...AN mow sw ` ■1� o SITE ..® "•- IOW our MIT NW MA 1 4.11/11r SON POW IMO' Mille SOW~Sr MAW MIT*OW M I i i Nur +'r'ss.'. ` r VICINITY MAP allr NW MOP ~le u01111.11r OM' en �>iatt sr7i e1C: .rr.ilisi,e�................... 1 ...'�..`:.".T.L^1"".0� =" . � tip ""`VALVM:=.7.7.r• ,,,oii0it -r, 14 II\ j".-'-'-.Th'elIN''. o..r=SCALE i ''1( `.fir it —- /•/ �� 0014,, thilll ' r/.,`_=-fie/ f t j � �r+: Iy1_[•_ ��_ _ 'THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS 1 hi ((( ' ^ I �, EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO V/ \` y yy• I `_.S•T \l � , DETERMINED AT THE TIME OF FINA NOT SET THE ALIGNMENT THE T`�IS / J� Ilia 11 tr, e..me ,• . 41; �� - Zoning Cae:ZD424 , i �j ,,,,• ` EXHIBIT"A" f ' �_�_ � ' ! ZONING EXHIBIT 17 rim,. �— r WHITLEY PLAC ON E Q ( %ti — — HE RKIN McCARTY SURVEY,ABSTRACT NO 600 .,,.!I ESA,-...: / __ Me -sin _� ' II ... —— COLLIN COUNT .PLANNED NTY,TEXAS A i - ���� ~fir— ..— ——_ ———i s RANCH,. I�1 MI�S Whitley Place Planned Development EXHIBIT "B" WHITLEY PLACE STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to request Planned Development zoning in a manner that meets the current market demands for residential and retail development. This submittal allows for 636 residential dwelling units and retail uses on approximately 318 acres of land. The proposed zoning includes specific development standards for single-family residential uses and retail uses, described herein. TOWN OF PROSPER, TEXAS EXHIBIT "C" WHITLEY PLACE Planned Development District Residential Development Standards MARCH. 2003 ZONING AMENDMENT AO. I, February 1, 2005 Whitley Place Planned Development WHITLEY PLACE PLANNED DEVELOPMENT RESIDENTIAL DISTRICT STANDARDS 1.0 Planned Development District - Single-Family Residence 1.01 General Description: This Planned Development Ordinance permits a maximum of 636 single-family residential units on 318 acres of developable land (see attached Exhibit"D"). The development standards for the aforementioned housing types are outlined within this text or as set forth in the SF- Estate, SF-1, and SF-2 Zoning Classifications of Ordinance 84-16 and the Subdivision Ordinance 03-05 as they exist or may be amended, if not specifically addressed herein. 1.02 Permitted Uses: Land uses permitted within the PD are as follows: a. Single Family Residential b. Schools - public c. Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat d. Civic facility e. Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following ,he final issuance of the last Certificate of Occupancy (CD) on the last lot -)°vned by that builder. f. Accessory buildings incidental to the permitter use and constructed of the same materials as the main structure. g. Temporary buildings of the builders and 'lies incidental to construction work on the premises, which shall be removed upon completion of such work. 1.03 Required Parking A minimum of four (4) off-street, concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. Garage doors, when closed, shall be located on or behind the applicable setback line for the residential unit. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, "recreational vehicle" means any mobile unit (motorized or und,;r tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility 2 Whitley Place Planned Development vehicle, or pick-up truck, and "sports vehicle" means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.04 Exterior Facade Building Materials: 1.04.1 Surface Area Facade The surface area of the first floor exterior wall (exclusive of openings for windows and doors) and all second story walls in the same vertical plane as the first floor wall shall be veneered with a minimum 75% coverage of a unit masonry material as follows: 1.04.2 Unit Masonry Unit Masonry shall mean brick, natural stone, or concrete cast stone (or combination of these materials) laid up by unit and set in mortar. To facilitate enforcement of this standard, all plan submittals must indicate the wall areas of those walls subject to the above masonry requirements. 1.04.3 Roofing Material No wood shingle roofs will be permitted. 1.05 Single-Family: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. The maximum number of single-family units allowed is 636 single-family units. Building and area requirements for the single-family units for each tract are as follows: 1.05.1 Lot Area { t The minimum area of each lot size and the mix of lot sizes shall be as shown in the following table. LOT AREA & LOT NUMBER SUMMARY Minimum Lot Area(SF) No. of Lots 43,560 (one-acre) 14 (min.) 30,000 25 (min.) 15,000 39 (min.) 12,500 335 (max.) 10,000 289 (max.) Total Maximum Allowed Lots 636 3 Whitley Place Planned Development The general location of each of the residential lot types will be as follows: • The one-acre lots will be along the south side of Wilson Creek. • The 30,000 square foot lots will be along both sides of the entry street from East First Street. • The 15,000 square foot lots will be north of Wilson Creek and generally on the west side of the Property. • The 12,500 square foot lots will be on both the north and south sides of Wilson Creek. • The 10,000 square foot lots will be on the north side of Wilson Creek generally on the east side of the Property and on the south side of Wilson Creek generally along the west side of the Property. 1.05.2 Lot Coverage The maximum lot coverage for each lot size shall be as shown in the following table. LOT COVERAGE SUMMARY Minimum Lot Area (SF) _Max. Lot Coverage 43,560 (one-acre) 35% 30,000 35% 15,000 45% 12,500 45% 10,000 50% .05.3 Lot Width The minimum width of any lot shall not be less than as shown in the following table as measured 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 reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY Minimum Lot Area (sf) Min. Lot Width (ft.) 43,560 (one-acre) 90 30,000 90 15,000 90 12,500 80 _ 10,000 80 4 Whitley Place Planned Development 1.05.4 Lot Depth The minimum depth of any lot shall be 120 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 100 feet; provided all other requirements of this section are fulfilled. 1.05.5 Front Yard The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY Minimum Lot Area(SF) Min. Front Setback(FT.) 43,560 (one-acre) 35 30,000 45 15,000 30 12,500 25 10,000 25 1.05.6 Side Yard The minimum side yard on each side of a lot shall be as shown in the following table. The side yard set back for all corner lots shall be a minimum of 20 feet; provided, however, side yards set backs for lots adjacent to major thoroughfares shall be a minimum of 25 feet. Lots adjacent to a six (6) foot sidewalk in an increased parkway shall be required to have a minimum side yard adjacent to the right-of-way of 25 feet. SIDE\YARD SETBACK SUMMARY Minimum Lot Area (SF) Min. Side Yard Setback (FT.) 43,560 (one-acre) 15 30,000 15 15,000 10 12,500 10 10,000 8 1.05.7 Rear Yard The minimum depth of the rear yard shall be 20 feet for all lots. 1.05.8 Building Height Buildings shall be a maximum of two and one-half (21/4) stories, not to exceed thirty-six feet (36') in height. 5 Whitley Place Planned Development 1.05.9 Minimum Dwelling Area The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY Minimum Lot Area (SF) Min. Dwelling Area (SF) 43,560 (one-acre) 2,400 30,000 2,400 15,000 2,400 12,500 1,800 10,000 1,800 1.5.10 Mechanical Equipment All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.0 Residential Planned Development District - General Conditions 2.01 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 ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 84-16, and Subdivision Ordinance, No. 85-25, as they presently exist or may be amended. All Right of Ways as specified in the Town's Transportation Plan will be deeded to the Town at the time of development withkthe'tFinal Plat. 2.02 Amenities: 2.02.1 Trailhead/Viewing Structure The Developer for the Planned Development District shall construct a TrailHead/ Viewing Structure with a minimum of eight parking spaces. Construction will be ADA compliant and meet requirements of TAS. The structure will be completed in Phase One. 2.02.2 Pocket Park Pocket Park shall mean a park of one acre or more. In addition to the Trail Head/Viewing Structure, the developer will furnish and build a pocket park. Size and location of the Pocket Park will be located on the Zoning 6 Whitley Place Planned Development Site Plan and approved by the Town of Prosper. The pocket park shall include park benches, landscaping and automatic irrigation system. 2.02.3 Trails The developer and Town of Prosper will enter into a Development Agreement at the time of platting, such Agreement to include a hike and bike trail to be constructed in the location shown on Exhibit D. The Town of Prosper will determine the Trail width and specifications. Developer will install emergency access at the end of the cul-de-sac adjacent to Area A. Construction will be 12' (twelve feet) wide Grasscrete®on treated base material to meet Town's requirement. 2.03 Screening and Buffering The area of the development along East First Street, Prosper Trail and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs, as specified on the attached Exhibit "D" which shall comply with the Town's Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. 2.04 Zoning Site Plan A Zoning Site Plan is hereby attached (Exhibit "D") and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations and ROW dedication, roads, trails drainage, all easements and illustrates the it_tt gration of these elements into a master plan for the whole dist;,t. 2.05 Streets The main entry street from East First Street (with 30,000 square foot lots on both sides) shall be designed as a rural street section with a 50' wide right-of-way and adjacent drainage easements as required to accommodate the drainage ditches on both sides of the street. The paved section for the main entry street shall be concrete paving 31' wide. The remaining residential streets shall consist of a 50- foot right-of-way with a 31 foot paving section (b-b) and drainage systems which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town's Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Site Plan. Right-of-way areas shall be dedicated and provided on any and all adjacent street or road section to conform to the approved Transportation Plan of the Town. Whitley Place Planned Development 2.06 Maintenance of Facilities The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right of Way (ROW). The homeowner's association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. A two (2) year maintenance bond for all improvements contained within the HOA area or ROW shall be provided at the time of transfer. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record. 2.07 Sidewalks The sidewalk on the main entry street from East First Street (rural street section) shall be located within a separate easement. The remaining residential streets will have a four (4) foot wide sidewalk located on one side of the street and shall be located two feet (2') from the street right-of-way line. Three feet (3') from each street right of way line shall be required for streets with proposed street trees. Corner lots shall also provide the aforementioned requirement. All public street ROW sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.08 Mailboxes The Developer will deed restrict the property to require a standard mailbox design that w t be required and maintained by the property owner or I rtiA for a consistent look throughout the development. Each mailbox will be iron, wrought- iron or cast alloy posts or stand an\i all mailboxes will match in color and style. Brick mailboxes will not be allowed. 2.09 Landscaping 2.09.1 Front Yard A minimum of two 4" caliper trees, measured at twelve (12) inches from the ground, shall be planted in each front yard area between the building• line and the street right-of-way line in the single family development. The list of approved trees will be included in the deed restrictions filed on this project. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 8 Whitley Place Planned Development 2.09.2 Yard Space that Abuts Street (front and side yard on a street) Two canopy trees as specified on the landscape plan and approved by the Town Council with a minimum caliper of 4 inches each, as measured 12 inches above the root ball, shall be planted in each yard space that abuts a street and the yard space frontage along that street. These required trees shall be planted generally parallel to the street at the edge of the street right of way. Required trees within any block shall be the same species. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.09.3 Side Yard Side yard landscaping is required on all lots adjacent to Major Thoroughfares or Collector Streets within the development; said landscaping shall include trees, shrubs, turf grass and earthen Jerms as specified on Exhibit "D" and approved by the Town Council. Landscape .Deds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with plant beds that visually reference the street instead of the lot. Therefore, floating beds in the yard space are prohibited. All beds shall be edged with a steel edging. No brick, masonry, or other edging material is permitted. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.10 Fencing Consistent `cncing will be required on all lots adjacent and siding to the CIajor Thoroughfaies and shall conform to the standards established by the Tovoi for various types of fencing in Subdiiision Ordinance 03-05 as it exists or may be amended. 2.11 Water Feature The Zoning Plan attached to the Plan Development District Standards indicates at least one water feature. which is to be constructed and improved as a part of this development. The design, construction, and initial maintenance cost of the Water Feature shall be provided by the developer. The HOA will be responsible for maintaining these Facilities after the construction and final acceptance. The completion of each Water Feature indicated shall be prior to each Phase or Section of development. If the development schedule is modified or altered then the proposed water feature shall be completed on or prior to fifty (50%) percent of the land area being platted. The proposed Water Feature shall meet state requirements as submitted to the state by the Town's Consulting Engineer. The 9 Whitley Place Planned Development water feature will in no way affect the natural drainage patterns of the site and interfere with any conservation issues established by TCEQ. 2.12 Open Space Requirements The development of the Property will provide a minimum of 31 acres of common open space area including such items as parkland areas, pocket parks, water features, creeks and natural preserved areas as shown on Exhibit "D". Specifically, the common open space areas are designated as follows: • Area "A" — Potential parkland dedication area including a portion of the hike and bike trail. • Area "B" — Hike and bike trail easement across the one-acre lots adjacent to Naugle Creek. • Area "C" — Potential parkland dedication area including a 2-acre lake, Viewing Structure and hike & bike trail. • Area "D" — HOA open space area including a Y2-acre lake, sidewalks and park benches. • Area "E" — Potential parkland dedication area including a portion of the hike and bike trail. • Area "F" — Potential parkland dedication area suitable for future playing fields. 10 -._ -:-CR.Y22I PI PMR TRAIL(Futon 4LD.10•R•O W) - t ._. AREA SUMMARY OPEN SPACE SUMMARY' — r y-� or /NYC "� 1 r T j--r i TI ' 1PROPERTY GROSS AREA 318.J1 ARFAA-25AC "` .A`'4F� v.... II , L �( -� • 010... 13 MAXIMUM ND.OF RESIDENTIAL LOTS 638 r AREA". L ! ,@-HIKE 8 BIKE TRAIL(WIDTH VARIES)2.0 AC. 1 I 1 1 T 11 1 ' GROSS RESIDENTIAL DENSITY 2 Cu/ac ABC-100 AC. - f --. 4` �C —�—h.. i + - 11 g 7 PROJECT __i9 OPEN SPACE/PARKLAND 31 ac(10%) AHEAD PRIVATE OPEN SPACE-NOT TO EXCEED 2.0 AC. / ,�.i I 1 1 1 I I RITE K� MIME-12.0 AC. �` sA � I _.l1 I a r MEAL-7.0 AC. I I I I I 1 _ / `�.+ ' ,. A=1 ACRE LOTS=14 LOTS •AREA CALCULATIONS ARE APPROXIMATE UNTIL FINAL PLATTING. i �.. -- 13=30,000 SF LOTS=25 LOTS THE TOTAL OPEN SPACE(TOTAL OF AREAS A,B,C,D,E 8 F)PER —E I I i I 1 I C=15,000 SF LOTS=39 LOTS WHITLEY PLACE P.D.ORDINANCE WILL BE MINIMUM OF 31 AC. �. VICINITY MAP FOR THIS SITE. I--(rws D=12.500 SF LOTS=335 LOTS �-- I I I I I I I I \ y E=10.000 SF LOTS=289 LOTS •ENHANCED LANDSCAPING ALONG CR 122,CR 2478 AND CR 79 TO U INCLUDE:TREES 80'O.C..LELAND CYPRESS(OR SIMILAR).NATIVE F I\O -- r I I I{ I I) 11 I I 11 1 \ I GRASSES AND/OR TURF.BERMING.IRON FENCING AND IRRIGATION. /I II- /\/ TOTAL LOTS ALLOWED=538 \+. 1 1 I I J A TOTAL DENSITY=2.O au/ac r- . I --—1 1.1 r-.. �,....� .I.. ,, I r w. \ / ; GRAPHIC SCALE_ 1i " A. . .. -THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS ,,,- ,--16-11...- _ "--"-4. 41,4,,,,,,,..:2:::;,..t,_.1.7.-isitii .....4.-` 4 --....-:- .4iiii,ilip4400-- , - '-‹ , ir - ,, •.,, _,--- \,‘ .,•,..-:.,T,...„. • -fir., uji . .,_ \ ..,*\ _ ..., •ii.. ...411r - i: \ -:'<,(,,./ - 1E474 ---Y i'!:41110.6, .." • • IIIIr-, IL . „;,•.../' ,re Ie. / NIP ' • ,1 - • 1 *414**Alik 1 f 1 011tpr. #40 ,11, j T pr„. NOT EXHIBITSE ARE FOR ILLUSTRATION PURPOSES AND DO S 4111 , T ® yt NOT SET THE A IGNMENT THE A GNMENT IS V^ AREA DETERMINED AT THE TIME OF FINAL PLAT -F. i;; • iti4ter:V114 S° it 0 440 ilk.'* - • &lilt c_4(,,t, :ilk)mi.aW*11 "Lomat le, *Mg ..: '72.'"'Aillliti 1:1 , IN rtti A i Ex ET Tl 1 / ZONING EXHIBIT 0 i \ WFIITLEY PLACE III `1 !frr„,_..... .sibii.-----smo•. )! � IAPIAYam OEYEiDP6EMT ON aIea ACRES --11/11 Ea; ^ , I� W THE UA90N WARTY SURVEY.ABSTRACT N0.600 •1 ,- -( Ts( y �:. �� �Il '. — T --------_I) I couw COUNTY EZAS n / — _ YItT1lG741{i�iT(F"r" x wy �cw���.Lm _ i r r 5 i — i �. �,. 1 Hl1f1T�L1ARS I I a-m" Whitley Place Planned Development EXHIBIT "E" WHITLEY PLACE DEVELOPMENT SCHEDULE The development schedule for the approximate three hundred eighteen (318) acres will be phased over the next three (3) to twelve (12) years as scheduled below: Year Number of Lots/Location Amenities (Other Features Lakes/Landscaping) 2006 130—North Tract Entry features with landscaping and signage Enhanced landscaping and berms along Custer Road Area"E"parkland with hike & bike trails 2008 121 —South Tract Enhanced landscaping & berms along CR 79 Entry feature with landscaping and signage Community identity feature with landscaping at circle Area"C"parkland with lake feature and landscaping Trailhead/Viewing structure with hike & bike trails Area"D" parkland with lake feature and park benches 2010 131 —North Tract Entry features with landscaping and signage Enhanced landscaping and berms along CR 122 Area"F" parkland 2012 148 --Middle Section Hike and bike trail along Naugle Creek in Area"B" 2014 106—West Section Hike and bike trail along Naugle Creek in Area "A" (Note: Phasing lines, number of lots and dates arse approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate water and sewer service to this area.)