18-14 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-14
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE, ORDINANCE NO. 06-73, AND ORDINACE
NO. 17-34, BY REZONING A TRACT OF LAND CONSISTING OF 236.498
ACRES, MORE OR LESS, SITUATED IN THE JAMES STONE SURVEY,
ABSTRACT NO. 847, THE WILLIAM H. THOMPSON SURVEY, ABSTRACT
NO. 895, THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, AND THE
SPENCER GRAHAM SURVEY, ABSTRACT NO. 359, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT -25
(PD -25) TO PLANNED DEVELOPMENT -25 (PD -25); 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 the Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from Taylor
Morrison of Texas, Inc. ("Applicant"), to rezone 236.498 acres of land, more or less, situated in
the James Stone Survey, Abstract No. 847, the William H. Thompson Survey, Abstract No. 895,
the I.C. Williamson Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No.
359, 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, THAT:
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 the Town's Zoning Ordinance, Ordinance No. 06-73, and Ordinance No.
17-34. The Town's Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 06-73,
and Ordinance No. 17-34, are amended as follows: The zoning designation of the below -
described property containing 236.498 acres of land, more or less, situated in the James Stone
Survey, Abstract No. 847, the William H. Thompson Survey, Abstract No. 895, the I.C.
Survey, Abstract No. 847, the William H. Thompson Survey, Abstract No. 895, the I.C.
Williamson Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No. 359, 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 -25 (PD -25).
The property as a whole and the boundaries for each zoning classification are more particularly
described in Exhibit A and 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 planned development standards, attached hereto
as Exhibit B, 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.
SECTION 3
No Vested Interest/Reneal. 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 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.
Ordinance No. 18-14, Page 2
SECTION 6
Severabilitv. 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/Repealinct Clause. Prosper's Zoning Ordinance 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, VED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER�I �►T IS 13TH DAY OF FEBRUARY, 2018.
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Ray Smit , Mayor
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Robyn Bt e, Town
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch Town Attorney
Ordinance No. 18-14, Page 3
Exhibit "B"
Planned Development Standards
Except as otherwise set forth in these development standards, the property set forth in
Exhibit A, shall develop under Ordinance 06-73, as adopted by the Town Council on July
11, 2006.
Ordinance No. 18-14, Page 5
EXHIBIT "F"
Single-family Residential Tract 'A' Design Guidelines
2. EXTERIOR MATERIALS & DETAILING:
2.3. DELETED
2.5. DELETED
2.11. Electrical meters visible from streets:
1. DELETED
2. Any meter visible from the street or common area must be screened by
solid fencing or landscape material.
3. ROOFING:
3.1 All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch
for clay or tile applications). Architectural designs that warrant roof sections
of less pitch will be given consideration by the Developer. Satellite Dishes
shall not be installed in locations visible from the street, common areas or
other residences. Solar Collectors, if used, must be integrated into the
building design and constructed of materials that minimize their visual
impact. Cornice, eave and architectural details may project up to two feet
six inches.
32 Roof material shall be standing seam copper, approved standing seam
metal, natural slate shingles, approved imitation slate shingles, clay tile,
approved imitation clay tile, or approved composition 30 -year laminated
shingles or other approved roof material.
3.3 Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof
forms should be randomly distributed along each street. The Developer
will require variation of roof pitch, dormer details, etc. for adjacent
structure.
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways and lead walks from a public sidewalk to the front entry shall be
constructed of brick pavers, stone, interlocking pavers, exposed aggregate,
stamped or broom finished concrete with brick or stone border, or a rock salt finish
with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or
flagstone.
All garage doors shall be cedar clad doors or an approved equivalent. No more
than two single doors or one double door may face the primary street on a front
elevation (i.e. a third garage door may face a side street on corner lots).
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper trees in the
front yard. In addition to the two required front yard trees, a minimum of two 4"
caliper trees shall be planted in each side yard space abutting a street. Each lot
shall include at least one evergreen tree. The species of the trees shall be selected
from the Town's Plant List for "Large Trees."
Ordinance No. 18-14, Page 6
EXHIBIT "G"
Single-family Residential Tract 'B' Design Guidelines
2. EXTERIOR MATERIALS & DETAILING:
2.3. DELETED
2.5. DELETED
3. ROOFING:
3.1 All roofs shall have a minimum slope of 8:12 roof pitch (or 4: 12 roof pitch
for clay or tile applications). Architectural designs that warrant roof sections
of less pitch will be given consideration by the Developer. Satellite Dishes
shall not be installed in locations visible from the street, common areas or
other residences. Solar Collectors, if used, must be integrated into the
building design and constructed of materials that minimize their visual
impact. Cornice, eave and architectural details may project up to two feet
six inches.
32 Roof material shall be standing seam copper, approved standing seam
metal, natural slate shingles, approved imitation slate shingles, clay tile,
approved imitation clay tile, or approved composition 30 -year laminated
shingles or other approved roof material.
5. GARAGES / DRIVEWAYS /WALKWAYS:
All driveways and lead walks from a public sidewalk to the front entry shall be
constructed of brick pavers, stone, interlocking pavers, exposed aggregate,
stamped or broom finished concrete with brick or stone border, or a rock salt finish
with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or
flagstone.
All garage doors shall be cedar clad doors or an approved equivalent. No more
than two single doors or one double door may face the primary street on a front
elevation (i.e. a third garage door may face a side street on corner lots).
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper trees in the
front yard. In addition to the two required front yard trees, a minimum of two 4"
caliper trees shall be planted in each side yard space abutting a street. Each lot
shall include at least one evergreen tree. The species of the trees shall be selected
from the Town's Plant List for "Large Trees."
Ordinance No. 18-14, Page 7