10-101 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-101
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 06-127; REZONING A TRACT OF LAND CONSISTING
OF 133.101 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY
SURVEY, ABSTRACT NO. 600, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-9-
SINGLE FAMILY (PD-9-SF) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE
FAMILY(PD-SF); 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. 05-20 and Ordinance No. 06-127 should be
amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from HRC Ranch,
LTD. ("Applicant")to rezone 13 3.101 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: Findint js 1r porgy The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2. Amendments toloiiit l wOrdinance Nus;,05-20 and Ordinance leo. 06-1.27. Zoning
Ordinance No. 05-20 and Ordinance No. 06-127 is amended as follows: The zoning designation of the
below-described property containing 133.101 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 (PD-SF). 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 1)the statement of intent and purpose, attached hereto as Exhibit `B";
2) the planned development standards, attached hereto as Exhibit "C"; 3) the concept plan, attached
hereto as Exhibit "D"; 4) the phasing plan, attached hereto as Exhibit "E"; and 5) the temporary signage
exhibit, attached hereto as Exhibit "F"; which are 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 Official 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: Penal .Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper's Zoning Ordinance No. 05-20, 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.
H: "1 )1 Severa()J) ) 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 ,a_1np 4.1.1mrC.Lq� e., Prosper's Zoning Ordinance No. 05-20 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 9TH DAY OF NOVEMBER, 2010.
APPROVED AS TO FORM:
........ ....
Ray S ni i t, , Mayor
ATTESTED TO AND
CORIR 1, �I :E EDB
"tthew D. Denton,uTRMC
awn Secretary
DATE OF P UBLICATION. �`� , Dallas Morning News
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LEGAL DESCRIPTION
BEING a parcel of land located in the Town of Prosper, Collin County, Texas a part of
the Larkin McCarty Survey, Abstract No. 600, and being a part of a called 198.86 acre
tract of land described in a special warranty deed to HRC Ranch, Ltd. as recorded in
Volume 4911, Page 2695, Deed Records Collin County, Texas, and being further
described as follows:
BEGINNING at the southwest corner of Whitley Place, Phase 1, an addition to the Town
of Prosper as recorded in Cabinet 2008, Page 226, Map Records Collin County, Texas,
being in the south line of said 198.86 acre tract of land, and being in the north right-of-
way line of County Road No. 79;
THENCE along the south line of said 198.86 acre tract of land as follows:
South 89 degrees 41 minutes 31 seconds West, 1366.38 feet to a point for
corner;
South 85 degrees 50 minutes 45 seconds West, 715.46 feet to a point for
corner;
South 01 degrees 49 minutes 13 seconds West, 86.82 feet to a point for
corner;
South 89 degrees 01 minutes 13 seconds West, 362.16 feet to a point for
corner;
South 89 degrees 01 minutes 13 seconds West, 508.81 feet to the southwest
corner of said 198.86 acre tract of land;
THENCE North 00 degrees 22 minutes 56 seconds West, 2053.17 feet to the northwest
corner of said 198.86 acre tract of land and being in Naugle Creek;
THENCE along the north line of said 198.86 acre tract of land and along the meanders of
Naugle Creek as follows:
North 58 degrees 09 minutes 26 seconds East, 263.00 feet to a point for corner;
South 73 degrees 06 minutes 08 seconds East, 145.00 feet to a point for corner;.
South 80 degrees 54 minutes 52 seconds East, 300.00 feet to a point for corner;
South 68 degrees 05 minutes 19 seconds East, 254.00 feet to a point for corner;
North 88 degrees 14 minutes 21 seconds East, 137.50 feet to a point for corner;
North 59 degrees 18 minutes 21 seconds East, 150.60 feet to a point for corner;
North 86 degrees 46 minutes 41 seconds East, 90.80 feet to a point for corner;
North 58 degrees 43 minutes 34 seconds East, 177.80 feet to a point for corner;
South 78 degrees 01 minutes 04 seconds East, 52.20 feet to a point for corner;
South 44 degrees 44 minutes 52 seconds East, 107.70 feet to a point for corner;
North 85 degrees 27 minutes 19 seconds East, 47.00 feet to a point for corner;
North 52 degrees 35 minutes 57 seconds East, 226.60 feet to a point for corner;
North 85 degrees 58 minutes 18 seconds East, 315.03 feet to a point for corner;
North 57 degrees 02 minutes 11 seconds East, 123.50 feet to a point for corner;
North 23 degrees 31 minutes 36 seconds East, 117.00 feet to a point for corner;
North 59 degrees 35 minutes 46 seconds East, 98.00 feet to a point for corner;
North 82 degrees 00 minutes 06 seconds East, 114.00 feet to a point for corner;
South 74 degrees 17 minutes 11 seconds East, 155.50 feet to a point for corner;
North 44 degrees 13 minutes 40 seconds East, 141.00 feet to a point for corner;
North 72 degrees 19 minutes 58 seconds East, 83.00 feet to a point for corner;
South 33 degrees 55 minutes 54 seconds East, 149.00 feet to a point for corner;
North 82 degrees 42 minutes 21 seconds East, 46.00 feet to a point for corner;
North 52 degrees 23 minutes 08 seconds East, 35.00 feet to a point in the
westerly line of said Whitley Place, Phase 1;
THENCE along the westerly line of said Whitley Place, Phase 1 as follows:
South 07 degrees 46 minutes 02 seconds West, 34 1.10 feet to a point for corner;
South 82 degrees 12 minutes 56 seconds East, 51.86 feet to a point for corner;
Southeasterly, 38.13 feet along a curve to the left having a central angle of 03
degrees 58 minutes 19 seconds, a radius of 550.00 feet, a tangent of 19.07 feet, and
whose chord bears South 84 degrees 12 minutes 06 seconds East, 38.12 feet to a point for
corner;
South 86 degrees 11 minutes 15 seconds East, 217.63 feet to a point for corner;
Southeasterly, 25.47 feet along a curve to the right having a central angle of 04
degrees 51 minutes 52 seconds, a radius of 300.00 feet, a tangent of 12.74 feet, and
whose chord bears South 83 degrees 45 minutes 19 seconds East, 25.46 feet to a point for
corner;
South 20 degrees 43 minutes 23 seconds West, 143.98 feet to a point for corner;
South 26 degrees 31 minutes 15 seconds West, 112.27 feet to a point for corner;
South 38 degrees 26 minutes 56 seconds West, 144.36 feet to a point for corner;
South 53 degrees 19 minutes 39 seconds West, 112.81 feet to a point for corner;
South 57 degrees 26 minutes 19 seconds West, 199.70 feet to a point for corner;
South 40 degrees 02 minutes 47 seconds West, 447.00 feet to a point for corner;
South 28 degrees 49 minutes 43 seconds West, 67.63 feet to a point for corner;
South 19 degrees 33 minutes 22 seconds West, 97.63 feet to a point for corner;
South 11 degrees 27 minutes 29 seconds West, 25.63 feet to a point for corner;
Southwesterly, 7.58 feet along a curve to the left having a central angle of 00
degrees 23 minutes 28 seconds, a radius of 1110.00 feet, a tangent of 3.79 feet, and
whose chord bears South 86 degrees 26 minutes 52 seconds West, 7.58 feet to a point for
corner;
South 02 degrees 14 minutes 19 seconds East, 79.37 feet to a point for corner;
South 09 degrees 57 minutes 08 seconds East, 91.70 feet to a point for corner;
South 19 degrees 17 minutes 50 seconds East, 113.29 feet to a point for corner;
South 26 degrees 33 minutes 10 seconds East, 64.61 feet to a point for corner;
South 44 degrees 27 minutes 16 seconds East, 178.01 feet to a point for corner;
South 51 degrees 41 minutes 47 seconds East, 90.00 feet to a point for corner;
South 53 degrees 34 minutes 13 seconds East, 84.49 feet to a point for comer;
North 69 degrees 55 minutes 13 seconds East, 91.45 feet to a point for corner;
North 89 degrees 42 minutes 30 seconds East, 90.03 feet to a point for comer;
South 04 degrees 53 minutes 03 seconds East, 136.36 feet to a point for corner;
Southeasterly, 120.70 feet along a curve to the right having a central angle of 138
degrees 19 minutes 00 seconds, a radius of 50.00 feet, a tangent of 131.34 feet, and
N
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whose chord bears South 25 degrees 40 minutes 43 seconds East, 93.46 feet to a point for
corner;
South 46 degrees 32 minutes 51 seconds East, 22.31 feet to a point for corner;
South 00 degrees 18 minutes 03 seconds East, 149.95 feet to the POINT OF
BEGINNING and containing 5,797,870 square feet or 133.101 acres of land.
"This document was prepared under 22 TAC 663.23, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
Dan B. lr sc y, P.P `.No. 4172B. RAMM
. . �
June 25, 20104
EXHIBIT B FOR Z10-0018
STATEMENT OF INTENT AND PURPOSE
The purpose of this planned development is to create an opportunity to provide a sustainable
housing market for the Whitley Place Community. The proposed development criteria will allow
for Whitley Place to develop as a multi-generational community. This in turn will have a
positive impact on the long term sustainability of the community.
Since the goal is for long term sustainability, the high quality atmosphere already established
with the first phase of Whitley Place will continue in future phases by carrying on the thematic
design expressed in the community's common areas, public corridors and entryways, as well the
buffers along major abutting roads.
With an eye to the environment, additional wooded open space, which will be maintained by the
Whitley Place Homeowners Association, will also be set aside. Also, so as not to overburden the
town's infrastructure, police and fire services, as well as the Prosper ISD, the number of homes
to be built with the addition of this planned development is virtually the same as what was
approved in the original Whitley Place planned development.
SEPT 29,2010
EXHIBIT C FOR Z10-0018
133.10 AcREs(GROSS)
PLANNED DEVELOPMENT STANDARDS
1.0 Planned Development District—Single Family Residential
1.01 Development Pattern and Standards: The property shall generally develop in
accordance with Exhibit D.
A. Lots located in Area "A" as identified on Exhibit D shall be developed in
accordance with the Single Family-15 District as outlined in the Town of Prosper
Zoning Ordinance, as it exists or may be amended, unless identified below.
B. Lots located in Area `B" as identified on Exhibit D shall be developed in
accordance with the Single Family-12.5 District as outlined in the Town of
Prosper Zoning Ordinance, as it exists or may be amended, unless identified
below.
C. Lots located in Area "C" as identified on Exhibit D shall be developed in
accordance with the Single Family-10 District as outlined in the Town of Prosper
Zoning Ordinance, as it exists or may be amended, unless identified below.
1.02 Number of Lots: The maximum number of single-family residential lots within the
proposed development shall not exceed 250. The breakdown of lot sizes shall be as
follows:
A. Area A: 15,000 Square Foot Lots: 35 Lots Minimum
B. Area B: 12,500 Square Foot Lots: 54 Lots Maximum
C. Area C: 10,000 Square Foot Lots: 161 Lots Maximum.
1.03 Setbacks
1.03.1 Minimum Front Yard: The staggering of front yard setbacks, as required in
Section 9.3(F) of the Prosper Zoning Ordinance, shall be at the discretion of
the home builder and shall not be required. The minimum front yard shall be
as follows.
A. Area A: 30'
B. Area B: 25'
C. Area C: 25'
1.03.2 Minimum Side Yard:
A. Area A: 10' 15' on corner adjacent to side street
B. Area B: 10' 15' on corner adjacent to side street
C. Area C: 8', 15' on corner adjacent to side street.
1.03.3 Minimum Rear Yard: 20'
1.04 Minimum Lot Area:
A. Area A: 15,000 square feet
NOV 5,2010 PAGE 1
B. Area B: 12,500 square feet
C. Area C: 10,000 square feet.
1.05 Minimum Lot Width at Front Building Line:
A. Area A: 90'
B. Area B: 80'
C. Area C: 80'.
1.06 Minimum Lot Depth:
A. Area A: 120'
B. Area B: 120'
C. Area C: 120'.
1.07 Minimum Dwelling Area:
A. Area A: 2,300 square feet
B. Area B: 2,200 square feet
C. Area C: 2,200 square feet
1.08 Maximum Height: Buildings shall be a maximum of 2 1/2 stories, not to exceed 40' in
height.
1.09 Maximum Lot Coverage:
A. Area A: 45%
B. Area B: 45%
C. Area C: 50%.
1.10 Required Parking: A minimum of 4 off-street, concrete parking spaces shall be
provided for each residential unit. As part of the parking requirement, at least 2 of the
off-street parking spaces shall be in an enclosed garage. Garage doors shall be
located on or behind the applicable setback line for the residential unit. Detached,
stand-alone carports shall be prohibited. The parking of motor homes, boats, and/or
trailers on a lot facing a street or on a street, is prohibited.
1.11 Mechanical Equipment: All mechanical equipment (pool, air conditioning, etc.) shall
be completely screened from public view. A combination of hedges or walls should
be used to screen equipment or mechanical areas.
1.12 Mailboxes: The property will be deed restricted to require a standard mailbox design
that will be constructed with each home or structure and maintained by the property
owner or HOA for a consistent look throughout the development. Each mailbox will
be iron, wrought-iron, or cast alloy posts or stand and all mailboxes will match in
color and style with those built in the Whitley Place community. Brick mailboxes
shall be prohibited.
1.13 Fencing: All lots adjacent to parks and open spaces designated on Exhibit D shall be
restricted to ornamental metal fencing. All wood fencing shall be a minimum of
NOV 5,2010 PAGE 2
stained/sealed board on board with metal posts. Screening as required in Section
10.13.5 of the Prosper Subdivision Ordinance shall not be required for that portion of
the development which backs to East First Street, west of Whitley Place Drive.
2.0 General Conditions
2.01 A minimum of 23 acres of HOA owned and maintained common open space area
shall be provided within this development.
2.02 The hike and bike trail located within the T.P. & L Easement and a playground with a
shade structure shall be constructed with the contiguous phase. The playground shall
not be constructed later than in conjunction with Phase 3 of the development.
2.03 Lots backing to the existing First Street shall be prohibited from accessing First
Street. In addition, an 8' high stained/sealed board on board wooden fence with metal
posts shall be provided where those lots back to the existing First Street.
2.04 Parks, Trails, and Open Space: The parks and trails for this development shall be
provided for and maintained in accordance with the approved Development
Agreement for the Whitley Place development. Any existing credits from any phase
of the Whitley Place development may be used throughout the development,
including the phases covered by this planned development.
2.05 Neighborhood Identification, Community Enhancements and Buffering:
A neighborhood identification feature and community enhancements shall be
provided in the general location as shown on Exhibit D. The identification feature
shall be of a similar design and use similar materials to those used for such features
for the Whitley Place community. The identification feature design shall be generally
consistent with the Neighborhood Identification Detail shown on Exhibit D.
In order to create a cohesive theme for the outward appearance of the community,
community enhancements and buffering shall be of a similar design and use similar
building and plant materials as those provided for in the Whitley Place Community.
2.06 Homeowner's Association: Each lot shall be a member of the Whitley Place
Homeowner's Association.
2.07 Sidewalks: 5' wide sidewalks shall be constructed adjacent to streets within the
development.
2.08 Signage: Temporary signage shall be allowed, after being permitted by the Town,
within the boundary of the planned development to direct traffic and announce future
phases of development. Said signs shall be monument signs with a stone base and
shall be consistent with the design depicted on Exhibit F. Said signs shall not be
larger than 80 square feet.
NOV 5,2010 PAGE 3
A maximum of 4 signs may be located within the development, the location of which
shall be limited to HOA lots and/or unbuilt upon single family lots.
The signs shall be removed when 90% of the lots within the development have
received Certificates of Occupancy from the Town.
2.09 Street Openings to Adjoining Properties: The number and location of street openings
as depicted on Exhibit "D" shall be deemed to meet the requirements established in
Subsection 10.2.19 of the Prosper Subdivision Ordinance.
NOV 5,2010 PAGE 4
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