O-2024-29 Amending Number of Contiguous Units - Townhomes in PD-111 (Ord. 2021-52) to two (2) to seven (7) Connected Residential UnitsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-29
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBPART 2.8, "AREA AND BUILDING REQUIREMENTS"
OF SECTION 2, "TOWNHOUSE RESIDENTIAL COMPONENT — TRACT "A""
OF PLANNED DEVELOPMENT-111 (PD-111), ORDINANCE NO. 2021-52;
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 Planned Development-111 (PD-111), Ordinance No. 2021-52
should be amended; and
WHEREAS, after public notice and public hearing as required by law, the Planning &
Zoning Commission of the Town of Prosper, Texas, has recommended amending Planned
Development-111 (PD-111), Ordinance No. 2021-52, to encompass those amendments as set
forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon due
deliberation and consideration of the recommendation of said Planning & Zoning Commission
and of all testimony and information submitted during said public hearing, the Town Council of
the Town of Prosper, Texas, has determined that it is in the public's best interest and in
furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend
Planned Development-111 (PD-111), Ordinance No. 2021-52, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subpart 2.8, "Area and
Building Requirements" of Section 2, "Townhouse Residential Component — Tract "A"" of Planned
Development-111 (PD-111), Ordinance No. 2021-52, of the Town of Prosper Texas, is hereby
amended to read as follows:
"A. Townhouse Residential Component — Tract "A"
2.8. Area and building requirements: Lot area and building requirements are as
follows:
2.8.9. Minimum and Maximum Ad'oined Units: Buildings shall be two (2) to
seven (7) connected residential units with a minimum of fourteen feet (14')
of separation between buildings.
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SECTION 3
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. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
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 4
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 from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF MARCH, 2024.
David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Case No. ZONE-24-0003 Ordinance No. 2024-29, Page 2