11-051 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-51
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 47.655 ACRES, MORE OR
LESS, SITUATED IN THE J. MORTON SURVEY, ABSTRACT NO. 793, AND
THE B.R. HODGES SURVEY, ABSTRACT 593, IN THE TOWN OF PROSPER,
DENTON COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A)
AND PLANNED DEVELOPMENT -40 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 Fishtrap 45 LP
and Forest City Prosper LTD ("Applicant") to rezone 47.655 acres of land, more or less, situated in the J.
Morton Survey, Abstract No. 793 and the B.R. Hodges Survey, Abstract No. 593 in the Town of Prosper,
Denton 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 I�porated. 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. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below -described property containing 47.655 acres of
land, more or less, situated in the J. Morton Survey, Abstract No. 793 and the B.R. Hodges Survey,
Abstract No. 593 in the Town of Prosper, Denton 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 and conceptual elevations, attached hereto as Exhibit "C"; 3) the
concept plan, attached hereto as Exhibit "D"; 4) and the development schedule, 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 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.
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/Repealing; Clause. 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 26TH DAY OF JULY, 2011.
APPROVED AS TO F RM:
'lry
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORD7) BY:
., 1
h 00e
Amy Piukan4oTown Secretary
DATE OF PUBLICATION: -3 20 Prosper Press
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EXHIBIT "B"
THE PRESERVE AT DOE CREEK
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
The Planned Development District provides for a residential subdivision for families
wishing to be close to retail but with large natural green space within the Town of
Prosper. The PD is designed for those wanting less upkeep but requiring the highest
standards in design and amenities.
The subdivision has been designed to take advantage of large green spaces and
natural vistas to give the residents a country experience while being within walking
distance of retail services. The property's proximity to Doe Creek and the location
of the Hike and Bike along the creek allow residents to enjoy nature as well as all of
the conveniences of modern living.
The development located south of a future retail development west of Forest City
and East of Glenbrook while holding strict development standards fits into the
adjacent developments with comparable lot sizes and amenities.
EXHIBIT "C"
Development Standards for The Preserve at Doe Creek, Town of Prosper, Texas
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town's Zoning
Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and Subdivision
Ordinance (as it currently exists or may be amended) shall apply.
SINGLE FAMILY RESIDENTIAL 47.5 Gross Acres
The single family residential tract shall develop under the standards for Single Family -10 (SF -10) as
contained in the Zoning Ordinance as it exist or may be amended, except as otherwise set forth in the
development standards below.
1. AMENITY PROGRAM
a. General. The Preserve at Doe Creek community will have a system of amenities
throughout. These amenities combine to create a family friendly'neighborhood.
The neighborhood amenities that are addressed within these Standards are:
1. Large Open Spaces
2. Pocket Parks
b. Large Open Spaces The properties proximity to flood plain and the integration of
the hike and bike trail allows for large natural open areas providing unobstructed
vistas.
1. Enhanced landscaping of native plantings around the detention pond to
blend into the existing native grasses and plants of Doe Creek
2. Twenty percent of the development is open/undeveloped space.
c. Pocket Parks Additional components of the Preserve at Doe Creek amenities
program are pocket parks. These parks will be an HOA owned and maintained
component, and allow for:
1. Open play areas;
2. Neighborhood playgrounds;
3. Small neighborhood gathering spaces.
2. USE, DENSITIES AND LOT SIZE REGULATIONS
a. General Description:
1. Allowed Uses: Land uses allowed within the Single Family Residential
Tract are as follows: Uses followed by an S are permitted by Specific
Use Permit. Uses followed by a C are permitted subject to conditional
development standards. Conditional development standards are set forth
in Chapter 3, Section 1 of the Town's Zoning Ordinance.
• Accessory Building, subject to Chapter 4, Section 7 of the Zoning
Ordinance.
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
Athletic Stadium or Field, Public
a Bed and Breakfast Inn S
* Cemetery or Mausoleum S
Day Care Center, Adult S
e Day Care Center, Child C
• Day Care Center, In -Home C
Farm, Ranch, Stable, Garden, or Orchard
o Garage Apartment (Can not be rented or offered for rent)
• Home Occupation C
• Homebuilder Marketing Center C
House of Worship
s Household Care Facility
• Model Home
Municipal Uses Operated by the Town of Prosper
Park or Playground
® Private Recreation Center
Private Utility, Other Than Listed
• Rehabilitation Care Facility C
School District Bus Yard C
• School, Public
* School, Private or Parochial S
Sewage Treatment Plant/Pumping Station S
Single Family Dwelling, Detached
® Stealth Antenna, Commercial C
Telephone Exchange S
Temporary Building C
* Utility Distribution/Transmission Facility S
® Water Treatment Plant S
b. Density: The maximum number of single family detached units for the
Properties is 121/47.5Acres or 2.56 dwelling units per acre.
c. Lot Types: The single family detached lots developed within the Properties shall
be in accordance with the following Lot Types:
1. Type A Lots: Minimum 56' x 120' (6,720 square feet)
2. Type B Lots: Minimum 60'x 120' (7,200 square feet)
3. Minimum of 24% Type B lots
3. MINIMUM STANDARDS FOR ALL RESIDENTIAL LOTS:
a. Front Yard: The minimum front yard setback shall be twenty five (25) feet.
b. Side Yard: The minimum side yard setback shall be eight (8) feet. The side yard
setback adjacent to a street shall be fifteen (15) feet.
c. Rear Yard: The minimum rear yard setback shall be twenty (20) feet.
EXHIBIT "C"
Development Standardsfor the Preserve at Doe Creek
Page 12
d. Staggering of setbacks: The minimum front yard setbacks for all lots fronting
onto the same street along a block shall be staggered such that one third (1/3) of
the lots have a front yard setback that is reduced by five (5) feet, one third (1/3) of
the lots have a front yard setback of twenty five (25) feet, and one third (1/3) of
the lots have a front yard setback that is increased by five (5) feet. No more than
two lots in a row may incorporate the same front yard setback. The lots with an
increased front building line may also decrease the rear building line by five (5)
feet to maintain the necessary building pad depth.
e. Maximum Leight: Two and a half (2.5) stories, no greater than forty (40) feet.
f. Maximum Lot Coverage: The maximum lot coverage shall be forty five (45)
percent.
g. Impervious Area: The Maximum impervious area shall be 50% of the area
between the street and main building.
h. Thoroughfare Screening and Landscaping: A minimum forty (40) foot
landscape buffer shall be provided adjacent to all thoroughfares. The landscape
buffer shall be located in a private "non -buildable" lot that is owned and
maintained by the HOA. All plantings, screening walls, and design elements shall
comply with the Town's Subdivision Ordinance.
4. AREA AND BUILDING REGULATIONS:
a. Type A Lots: The area and building standards for Type A Lots are as follows and
as set forth in Table 1:
1. Minimum Lot Width. The minimum lot width for Type A Lots
shall be fifty-six (56) feet.
2. Minimum Lot Area is 6,720 Square feet
3. Minimum Floor Space. Each dwelling constructed on a Type A
Lot shall contain a minimum of one thousand, nine hundred (1,900)
square feet of floor space. Floor space shall include air-conditioned floor
areas, exclusive of porches, garages, patios, terraces or breezeways
attached to the main dwelling
b. Type B Lots: The area and building standards for Type B Lots are as follows and
as set forth in Table 1:
1. Minimum Lot Width. The minimum lot width for Type B Lots
shall be sixty (60) feet.
2. Minimum Lot Area is 7,200 Square feet
3. Minimum Floor Space. Each dwelling constructed on a Type B
Lot shall contain a minimum of two thousand, (2,000) square feet of
EXh7BIT "C"
Development Standards for the Preserve at Doe Creek
Page 13
floor space. Floor space shall include air-conditioned floor areas,
exclusive of porches, garages, patios, terraces or breezeways attached to
the main dwelling.
5. BUILDING STANDARDS
1. Permitted Encroachment:
i. Architectural features and porches may encroach into required
front and rear yards up to five (5) feet.
ii. Swing -in garages may encroach into required front yards up to ten
(10) feet.
2. Driveways:
i. Driveways fronting on a street shall be constructed of the
following materials: concrete, brick pavers, stone, interlocking
pavers, stamped concrete, or concrete with stone or brick border.
3. Fencing:
i. Privacy fences on single family residential lots shall be located ten
(10) feet behind the front elevation of the main building and shall
not exceed eight (8) feet in height above grade. All fencing
located on single family residential lots adjacent to open space,
parks, or floodplain shall consist of ornamental metal (wrought
iron or decorative tubular steel). Wooden fencing to be board on
board with metal post. A common wood fence stain color shall be
established for the property by the developer. Fencing abutting the
Glenbrooke Subdivision shall be wood board on board with metal
post.
4. Residential Landscaping:
i. A minimum of two (2) trees totaling — eight (8) caliper inches shall
be located in the front yard of all single family residential lots.
The Trees may be two large trees or one large tree and one
ornamental tree. All large trees shall be separated by a minimum
of twenty-five (25) feet from the next closest onsite or offsite large
tree. A minimum of fifteen (15) — three (3) gallon shrubs shall be
located in the front yard of all single family residential lots. All
plantings shall comply with the Town's approved planting list in
the Zoning Ordinance.
5. Exterior Lighting:
i. All homes shall provide an exterior lighting package to illuminate
front entrances, and garages.
ii. Provide a minimum of two (2) up or down lights per street
elevation to accent building architectural or landscape features
EXHIBIT "C"
Development Standards for the Preserve at Doe Creek
Page 14
visible from the street. Security lighting may not be substituted for
accent lighting.
6. Garages:
i. All garage doors shall incorporate the following details:
a. Single doors separated by column (In place of one large
single door)
b. Cast stone surrounds or ornamental brick accent
ii. No more than one third (1/3) of all garages doors shall be located
in front of the front door. All garage doors located in front of the
front door will have carriage style garage doors.
iii. Homes shall have a minimum of two (2) car garage spaces and no
more than three (3).
iv. No carports shall be permitted.
V. Homes with three (3) car garage spaces shall not have more than
two (2) garage doors facing the street. (Note that one 20' door
counts as two garage doors).
vi. Garage doors shall be constructed of either metal or wood.
7. Exterior Surfaces:
i. The exterior facades of a main building or structure, excluding
glass windows and doors, shall be constructed of one hundred
(100) percent masonry. Cementitious fiber board is considered
masonry, but may only constitute fifty (50) percent of the area for
stories other than the first story. However, cementitious fiber board
may not be used as a fagade cladding material for portions of upper
stories that are in the same vertical plane as the first story.
Cementitious fiber board may also be used for architectural
features, including window box -outs, bay windows, roof dormers,
garage door headers, columns, chimneys not part of an exterior
wall, or other architectural features approved by the Building
Official.
ii. Address Plaque. A cast stone address plaque
is required. The style of the cast stone address plaque shall be
uniform throughout each section of development.
iii. Stucco. Stucco on structures on shall be traditional 3 -coat process
cement plaster stucco.
iv. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures.
8. Windows:
i. All window framing on structures shall be bronzed, cream, sand or
white anodized aluminum, vinyl or wood.
ii. Window shutters may be used on structures. Window shutters shall
be painted, stained wood, or fiberglass.
iii. No reflective window coverings or treatments shall be permitted.
E%AIBIP "C"
Development Standards jar the Preserve at Doe Creek
Page 15
9. Brick Detailing and Accenting
i. Provide brick or stone accents and detailing at all brick and stone
windows and garage door openings to include Pre -cast concrete
lintels, Rowlocks, Solider or Sailor Courses or Stone Surrounds.
Accents may include products such as specialty brick that varies
from the field by size or contrast color. Accents may occur at the
Head or Sill or around the entire window opening. No more than
one third (1/3) of residential lots may use unstained mortar.
10. Roofing:
i. Structures shall have a composition, slate or tile roof.
ii. The color of the composition roof must appear to be weathered
wood shingles, black or slate.
iii. Composition roof shingles must be laminated and have a minimum
warranty of 30 years or meet the Town's Green Building
Ordinance, whichever is more restrictive.
iv. A minimum of sixty-five percent (65%) of the surface area of
composition roofs shall maintain. a minimum roof pitch of 8:12. A
minimum of seventy-five percent (75%) of the surface area of clay
tile, cement tile, slate or slate products or metal roofs shall
maintain a minimum roof pitch of 3:12.
V. Pitched End Roofs shall be 100% guttered.
11. Plate Height:
i. Each structure shall have a minimum principal plate height of 9'
on the first floor.
12. Mailboxes:
i. Mail boxes shall be consistent throughout a subdivision and should
be constructed of masonry or ornamental metal, unless otherwise
required by the United States Postal Service.
13. Satellite Dishes:
i. Satellite dishes, limited to eighteen inches (18") in diameter or
smaller, mounted below the ridgeline on the roof, and not in public
view from the front of the home are permitted.
14. Air Conditioners:
i. No window or wall air conditioning units will be permitted on
structures.
ii. Air conditioning units and pool equipment shall be entirely
screened from view from adjacent public right-of-way by a
living screen consisting of evergreen shrubs, a solid
privacy fence, or through building orientation.
15. Plan Elevations:
Plan elevations shall alternate at a minimum of every four (4)
homes on the same side of a street and every three (3) homes on
opposite sides of the street.
16. Accessory Structures:
i. Accessory structures used as a garage, or a garage apartment, will
EXMRIT "C"
Development Slandardslor the Preserve at Doe Creek
Page 16
be allowed, subject to Chapter 4, Section 7 of the Zoning
Ordinance.
ii. Accessory structures shall be subject to the same exterior
construction and architectural standards as the main dwelling.
iii. Accessory structures shall be separate from the main dwelling by a
minimum of ten (10) feet, have a minimum rear yard setback of ten
(10) feet, and a minimum side yard setback of eight (8) feet.
General Requirements for the Preserve at Doe Creek
a. Development Plan:
i. A Conceptual Development Plan is hereby attached (Exhibit "D") and
made a part of these development standards. It establishes the most
general guidelines for the district by identifying the project boundaries,
land use types, approximate thoroughfare locations, R.O.W. dedication
and roads.
b. Maintenance of Facilities:
i. The Developers shall establish a Homeowner's Association ("HOA") for
single family residential areas in which membership is mandatory for each
lot, and that will be responsible for operation and maintenance of all
common areas and/or common facilities contained within the area of the
residential development or adjacent Right -of -Way ("ROW').
c. Conceptual Elevations:
i. Conceptual elevations are provided to indicate the direction and intent of
the design standards. Final designs may vary depending on the selected
builders but designs shall sustainably conform with the intent of the
attached designs.
8XHlB72 "C"
Development Standards for the Preserve at Doe Creek
Page 17
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Exhibit D
d a t o a u m m a r y
Gross Site Area: 47.5
Resld-tial Lots 23.9
50%
D Residential ROW 7.4
16%
D 60' Future Gee Rd Dedication 1.4
3%
Open Space 1.3
3%
-
t-1 Existing Gas Easement 1.3
3%
C� Proposed 55 Utility Easement 0.2
1%
C7 40'-60 Landscape Buffer 0.9
2%
`
I 1 Floodplain -100 Year 9.2
18%
Detention Pond 1.9
4%
Total 47.5
100%
F 1 / ,
/'
Roadway Length = 6,9811f +/—
.y / •-
, 8531f Backing Floodplain = 407
21421! Total Property Backing Floodplain
(.
RnIAnIYI Product Til, Loos
56'. 120' Lct MN, Typo A 91
75%
C' -7 60'x 120' Lot Min. Type B 30
25%
Tow 121
100%
PRESERVE AT
DOE CREEK
TOWN OP PROSPER
DENTON COUNTY, TEXAS
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EXHIBIT "E"
THE PRESERVE AT DOE CREEK
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT SCHEDULE
It is expected that the development of the Preserve at Doe Creek will begin within
two to five years after approval of the planned development. During this period
requisite studies, design and drawings will be prepared for the development and
marketing of the property.
Progress of the development will depend strongly on market trends and demands of
the area.
It is expected that the development of Doe Creek Crossing will be completed within
8 years of development approval. . .