10-112 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-112
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 12.693 ACRES, MORE OR
LESS, SITUATED IN THE LARKIN MCCARTY SURVEY,ABSTRACT NO. 600,
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE
ZONED AGRICULTURAL (A) 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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Dan Tolleson
("Applicant") to rezone 12.693 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 FiindcP0Jnc t Cot-d,, The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zontp:g__ rdinance_No, 05-20, Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below-described property containing 12.693 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"; and 4) the phasing plan, attached hereto as Exhibit "E", 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 Vt studInter st/' 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. 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.
SECTION 6: Sevcrabitity. 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: Savin l epealiqg aLL!,sc. 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 14`h DAY OF DECEMBER,2010.
APPROVED AS TO FORM:
Ray Srnilh, Mayor
ATTESTED J AND r
COI�R "C"1' �.E E BY:
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tthew D. Denton
"1AMC
own Secretary
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LEGAL DESCRIPTION
BEING all that parcel of land in the Town of Prosper, Collin County, Texas and being a
part of the Larkin McCarty Survey, Abstract Number 600, and being all the tracts of land
described in a Special Warranty Deed to Dan Tolleson, Jr. as recorded in County Clerk's
Document Number 20060804001108630, Deed Records Collin County, Texas,being all
of that called 1.000 acre tract of land described in a General Warranty Deed to Dan
Tolleson, Jr. as recorded in County Clerk's Document Number 20080304000253710,
Deed Records Collin County, and being further described as follows:
BEGINNING at a one-half inch iron rod set for the southwest corner of a called 1.4665
acre tract of land described in a Special Warranty Deed to Dan Tolleson, Jr. and wife
Debbie Tolleson as recorded in Volume 5428, Page 115, Deed Records Collin County,
said point being at the southeast corner of a called 10.1223 acre tract of land described in
a Special Warranty Deed to Eve Long Yueh Chow as recorded in Volume 4653, Page
3029, Deed Records Collin County, and said point being in the center of First Street
(County Road 79, a prescriptive use right-of-way), to which a one-half inch iron rod set
for witness bears North 00 degrees 26 minutes 26 seconds West, 20.00 feet;
THENCE North 00 degrees 26 minutes 26 seconds West, at 269.99 feet passing a one-
half inch iron rod found for the northwest corner of said 1.4665 acre tract of land, said
point being the southwest corner of a called 5.1989 acre tract of land described in a
Special Warranty Deed to Dan Tolleson, Jr. and wife Debbie Tolleson as recorded in
Volume 5438, Page 5938, Deed Records Collin County, and said point being in the east
line of said 10.1223 acre tract of land, in all a total of 864.01 feet to a three-eighths inch
iron rod found for the northwest corner of said 5.1989 acre tract of land, said point being
at the northeast corner of said 10.1223 acre tract of land and said point being in the
southerly line 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;
THENCE North 89 degrees 01 minutes 13 seconds East, 362.16 feet along the south line
of said 198.86 acre tract of land to a wooden fence post found for the northeast corner of
said 5.1989 acre tract of land and said point being in the west line of Ware's Cemetery;
THENCE South 00 degrees 37 minutes 22 seconds East, 161.37 feet along the east line of
said 5.1989 acre tract of land to a one-half inch iron rod found for the northwest corner of
a called 0.363 acre tract of land described in a Special Warranty Deed to Dan Tolleson,
Jr. and wife, Debbie Tolleson as recorded in Volume 4906, Page 2079, Deed Records
Collin County, and said point being at the southwest corner of Ware's Cemetery;
THENCE North 85 degrees 33 minutes 35 seconds East, at 59.39 feet passing a one-half
inch iron rod found for the northeast corner of said 0.363 acre tract of land and said point
being the northwest corner of a called 0.388 acre tract of land described in a Special
Warranty Deed to Dan Tolleson, Jr. and wife, Debbie Tolleson, as recorded in Volume
4906, Page 2075, Deed Records Collin County, continuing 56.95 feet passing a 60d nail
found in the east side of a tree for the northeast corner of said 0.388 acre tract of land and
said point being the northwest corner of a called 4.00 acre tract of land described in a
Special Warranty Deed with Vendor's Lien to Dan Tolleson, Jr. and wife, Debbie
Tolleson as recorded in Volume 4723, Page 4030, Deed Records Collin County, in all a
total distance of 717.44 feet along the south line of Ware's Cemetery to a one-half inch
iron rod set for the northeast corner of said 4.00 acre tract of land and said point being in
the center of First Street, to which a one-half inch iron rod set for witness bears South 85
degrees 33 minutes 35 seconds West, 30.08 feet;
THENCE South 00 degrees 21 minutes 11 second East, 314.73 feet along the center of
First Street to a one-half inch iron rod found for the southeast corner of said 4.00 acre
tract of land and said point being at the northeast corner of a called 2.28 acre tract of land
described in a Warranty Deed with Vendor's Lien to Harry Glen Gammons and wife,
Wanda M. Gammons as recorded in Volume 4723, Page 4020, Deed Records Collin
County, to which a one-half inch iron rod set for witness bears South 89 degrees 30
minutes 13 seconds West, 30.00 feet;
THENCE South 89 degrees 30 minutes 13 seconds West, 588.16 feet to a one-half inch
iron rod found for the southwest corner of said 4.00 acre tract of land, said point being
the southeast corner of said 0.388 acre tract of land, said point being the northeast corner
of a called 0.2766 acre tract of land described in a Special Warranty Deed to Dan
Tolleson, Jr. and wife, Debbie Tolleson as recorded in Volume 5432, Page 5521, Deed
Records Collin County, and said point being the northwest corner of said 2.28 acre tract
of land;
THENCE South 02 degrees 38 minutes 00 seconds East, 170.07 feet to a one-half inch
iron rod found for the southeast corner of said 0.2766 acre tract of land and said point
being the southwest corner of said 2.28 acre tract of land;
THENCE South 89 degrees 07 minutes 10 seconds West, at 74.25 feet passing a one-half
inch iron rod found for the southwest corner of said 0.2766 acre tract of land, said point
being the southeast corner of said 5.1989 acre tract of land, said point begin in the east
line of a called 9.123 acre tract of land described in a General Warranty Deed to Michael
Lynn Nelson as recorded in Volume 1470, Page 171, and said point being in the west line
of a called 9.122 acre tract of land described in deed to Michael Lynn Nelson as recorded
in Volume 1470, Page 177, Deed Records Collin County, in all a total distance of 101.58
feet to a one-half inch iron rod found for the northeast corner of said 1.000 acre tract of
land and said point being in the south line of said 5.1989 acre tract of land;
THENCE South 00 degrees 58 minutes 17 seconds East, 271.47 feet to a one-half inch
iron rod set for the southeast corner of said 1.000 acre tract of land, said point being in
the south line of said 9.123 acre tract of land, and said point being in the center of First
Street, to which a one-half inch iron rod set for witness bears North 00 degrees 58
minutes 17 seconds West, 20.00 feet;
THENCE South 89 degrees 45 minutes 40 seconds West, 397.16 feet along the south line
of said 1.000 acre tract of land and along the south line of said 1.4665 acre tract of land to
the POINT OF BEGINNING and containing 552,886 square feet or 12.693 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. Ramsey, S. No. 4172 � °""° •
DM B. RAMSSY
June 25, 2010 c °°••°•°•°°°° ^ ° °°°
4172
EXHIBIT B FOR Z10-0010
STATEMENT OF INTENT AND PURPOSE
The purpose of this planned development is to continue to positive environment created by the
Whitley Place community. The proposed development standards mirror those previously
adopted by the Town for Whitley Place. Additionally, the entrance, common areas, and buffer
treatments established for Whitley Place,will be carried through this planned development.
This planned development will also allow the opportunity for a second entrance to Whitley Place
which will further the positive atmosphere created by that community.
JUNE 25,2010
EXHIBIT C FOR Z10-0010
12.69 AcREs(GROSS)
PLANNED DEVELOPMENT STANDARDS
1.0 Planned Development District—Single Family Residential
1.01 The property shall be developed in accordance with the Single Family-10 District as
outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be
amended, unless identified below.
1.02 Development Pattern: The property shall generally develop in accordance with
Exhibit D, Zoning Exhibit.
1.03 Number of Lots: The maximum number of single-family residential lots within the
proposed development shall not exceed 25.
1.04 Setbacks
1.041 Minimum Front Yard: 25'.
1.042 Minimum Side Yard: 8', 15' on corner adjacent to a side street.
1.043 Minimum Rear Yard: 25'.
1.05 Minimum Lot Area: 10,000 square feet.
1.06 Minimum Lot Width at Front Building Line: 80'.
1.07 Minimum Lot Depth: 120'. A minimum lot depth of 110'may be allowed for not
more than 10% of the lots.
1.08 Minimum Dwelling Area: 2,100 square feet.
1.09 Maximum Height: Buildings shall be a maximum of 2 % stories, not to exceed 40' in
height.
1.10 Maximum Lot Coverage: 45%.
1.11 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.
NOV 5,2010 PAGE 1
1.12 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.
1.13 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.
1.14 Fencing: All lots adjacent to designated open spaces shall be restricted to ornamental
metal fencing. All wood fencing shall be a minimum of stained/sealed board to board
with metal poles.
2.0 General Conditions
2.01 Entry Features, Community Enhancements and Buffering:
An entry feature and community enhancements shall be provided in the general
location as shown on Exhibit D. The entry feature shall be of a similar design and use
similar materials to those used for the entry features for the Whitley Place
community. The entry feature design shall be generally consistent with the Entry
Feature Detail shown on Exhibit D. The entry feature shall not be located on public
right-of-way.
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 approved for Whitley Place Phase 1 on
September 20, 2007. A minimum 25' wide landscape buffer/HOA lot shall be
provided adjacent to that portion of First Street which is shown on the Town of
Prosper's Thoroughfare Plan. A minimum 10' wide landscape buffer/HOA lot shall
be provided adjacent to the north-south portion of First Street adjacent to the east
boundary of the planned development.
The entry drive to the Whitley Place community, as shown on Exhibit D, shall be
built in conjunction with that portion of the Whitley Place community which is
accessed by this drive. The drive shall consist of a minimum of 50' of right-of-way
and a minimum of 31' of paving back-to-back. A minimum 10' wide landscape
buffer shall be provided on both sides of the entry drive. Where residential lots abut
or are planned to abut either the east or west side of the drive corridor, a screening
hedge, meeting the Town of Prosper's requirements, shall be provided in the corridor.
2.02 Homeowner's Association: Each lot shall be a member of the Whitley Place
Homeowner's Association.
NOV 5,2010 PAGE 2
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