99-24 O - Amending Ordinance No. 84-16 creating a new Corridor District (COR) amend Section 20 (Nonconforming Uses and Structures) 3 3 3 _i 5 5 "3 — 00729.45
TOWN OF PROSPER, TEXAS ORDINANCE NO. 99-24
AN ORDINANCE BY THE TOWN OF PROSPER AMENDING PROSPER'S
COMPREHENSIVE ZONING ORDINANCE NO. 84-16 TO ESTABLISH A
NEW DISTRICT: CORRIDOR DISTRICT(COR)FOR THE STATE
HIGHWAY 289/UNITED STATES HIGHWAY 380 CORRIDOR AS WELL AS
ALL OTHER MAJOR THOROUGHFARES IDENTIFIED IN THE TOWN OF
PROPER'S THOROUGHFARE PLAN, AS IT EXISTS OR MAY BE
AMENDED,AND TO AMEND SECTION 20 (NONCONFORMING USES
AND STRUCTURES);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 Prosper(the"Town Council")has investigated and
determined that the Comprehensive Zoning Ordinance No. 84-16 should be amended to create a
new district: Corridor District(COR) in the Town of Prosper, Collin County, Texas("Prosper")
and to amend Section 20 (Nonconforming Uses and Structures); and
WHEREAS,the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to establish a new Corridor District and
amend Section 20 (Nonconforming Uses and Structures) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
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 Comprehensive Zoning Ordinance No. 84-16. Comprehensive
Zoning Ordinance No. 84-16 is amended as follows:
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 1
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A. CLASSIFICATION OF ZONING DISTRICTS.
Section 3 is hereby amended to include the following classification:
Abbreviated
Zoning District Designation
Corridor District COR
B. ADDITIONAL DISTRICTS CREATED. Section 3A is added to the Comprehensive
Zoning Ordinance No. 84-16 to provide for newly created districts and shall read in its entirety as
follows:
1. CORRIDOR DISTRICT (COR)
1.1. PURPOSE
The creation of the Corridor District is intended to provide development guidelines for the
development of individual parcels within the State Highway 289/United States Highway 380
corridor as well as all other major thoroughfares as identified in the Prospers Thoroughfare
Plan as it exists or may be amended. Compliance with these standards, however, does not
constitute fulfillment of any requirements imposed by any other ordinances, codes, or statutes
in the Prosper, or any other regulatory agency having jurisdiction within the corridor. To the
extent any other standards and/or requirements of the Comprehensive Zoning Ordinance, as it
exists or may be amended(currently Ordinance No. 84-16), conflict with the standards and/or
requirements set forth in this district,the Corridor District standards and/or requirements shall
control for any development within this district. It is not the intent of this district to lay down
an inflexible design formula that rules out unique design solutions to specific design problems,
as these may well be the creative design features that collectively add texture and variety to
the overall development.
1.2. CORRIDOR BOUNDARIES
A corridor is generally defined as land located in the area extending East 1500 feet and West
1500 feet from the center line of any North/South thoroughfare and 1500 feet North and 1500
feet South from center line of any east/west thoroughfare that falls within the city ETJ. To
also include the total parcel of any land tact lying in part within this defined area.
1.3. PRE-EXISTING BUILDINGS
All pre-existing buildings that reside along a"corridor" at the time the corridor is identified as
being a"corridor" as defined within this amendment, are"grandfathered"and don't have to
meet these ordinance specifications until such time the building changes ownership or the
usage of the building changes. At that time,the building will be required to meet the
specifications of the Comprehensive Zoning Ordinance, as it exists or may be amended
(currently Ordinance No. 84-16).
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 2
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1.4. PERMITTED USES
1.4.1. Retail
1.4.2. Commercial
1.4.3. Single Family and Two Family
1.4.4. Office
1.4.5. Light Industrial
1.4.6. Multi-Family
1.5. STANDARDS
1.5.1. Retail- See the Comprehensive Zoning Ordinance No. 84-16, as it currently exists
or may be amended.
1.5.2. Commercial- See the Comprehensive Zoning Ordinance No. 84-16, as it currently
exists or may be amended.
1.5.3. Single Family- See the Comprehensive Zoning and Two Family Ordinance No.
84-16, as it currently exists or may be amended. 4.Office - See the Comprehensive
Zoning Ordinance No. 84-16, as it currently exists or may be amended.
1.5.4. Light Industrial- See the Comprehensive Zoning Ordinance No. 84-16, as it
currently exists or may be amended.
1.6. MULTI-FAMILY
General Description: Multi-Family units are attached units. These units will consist
of flats(single level units) and studios (two level units), or a combination thereof.
Access shall be allowed from access drives or parking areas connecting to adjacent
public or private streets. Requirements for multi-family development shall be
governed by standards as described below:
1.6.1. Permitted Uses: See Section 9: USE OF LAND AND BUILDINGS of the
Comprehensive Zoning Ordinance No. 84-16, as it currently exists or may be
amended.
1.6.2. Maximum Density: Allowed densities shall be as follows:
1.6.2.1. Multi-Family: Eighteen(18) dwelling units per net acre.
1.6.2.2. If single family, connected, units are developed, 6.5 dwelling units per net -
acre.
1.6.3. Lot Area: The minimum area of any lot shall be ten thousand(10,000) square feet.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
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1.6.4. Required Parking: Parking requirements for multi-family development areas shall
be as follows:
1.6.4.1. Dwellings,Multi-Family: One and one-half(1.5) spaces per one-bedroom
unit,two (2) spaces per two bedroom unit,two and one-half(2.5) spaces per
three bedroom unit and one-half(0.5) space per each additional bedroom per
unit. The required number of total spaces shall be no less than 1.8 spaces per
dwelling unit overall.
1.6.4.2. A minimum of thirty percent (30%) of the required parking spaces must be
within enclosed garages. These garages may be a part of the dwelling structure
or as an accessory building. All garages constructed as accessory buildings
must consist of eighty(80%)masonry and be built of similar materials as the
main structures.
1.6.5. Building Materials: All multi-family structures shall have an exterior finish of glass,
stone, stucco, brick,tile, exterior wood or similar materials, or any combination
thereof, any which must be approved by the Town Council, or their designee. The
use of wood as a primary exterior building material shall be limited to a maximum of
fifteen percent (15%) of the total exterior wall surfaces.
1.6.6. General Requirements: General requirements for multi-family development shall be
as follows:
1.6.6.1. Unless otherwise approved by the Town Council, or their designee, a six
foot (6') screening fence shall be constructed by the Owner and/or Developer of
the multi-family property between areas developed for multi-family uses and
those areas developed for single family residential uses. The above referenced
six foot(6') screening fence shall be constructed of exterior wood(subject to
the approval of the Town Council, or its designee), stone, stucco, brick,tile,
concrete, iron fence, landscape hedge or tree rows or similar materials or any
combinations thereof. Design of the aforementioned screening fence shall be
approved by the Town.Council, or its designee at the time of development plan
approval.
1.6.6.2. A paved walkway should connect the front door of each ground floor unit
to a parking area.
1.6.7. Minimum Dwelling: The minimum floor area for multi-family units shall be six
hundred fifty(650) square feet, exclusive of garages, open breeze ways and porticos.
1.6.8. Lot Coverage: In no case shall more than fifty percent(50%) of the total lot area
be covered by the combined area of the main buildings and accessory buildings.
1.6.9. Lot Width: The minimum width of any lot shall not be less than eighty feet (80').
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 4
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1.6.10.Lot Depth: The minimum depth of any lot shall not be less than one hundred
twenty feet(120').
1.6.11.Front Yard: The minimum depth of the front yard shall be twenty-five feet (25').
1.6.12. Side Yard: The minimum side yard on each side of the lot shall be fifteen feet(15').
A side yard adjacent to a street shall be a minimum of twenty-five feet (25'). A
building separation of fifteen feet(15') shall be provided between multi-family
structures. A minimum side yard of sixty feet(60') shall be required where units abut
a single family zoning district, unless the multi-family units are less than two (2)
stories in height.
1.6.13.Rear Yard: The minimum depth of the rear yard shall be twenty feet (20'). A
minimum rear yard of sixty feet(60') shall be required where units abut a single
family zoning district, unless the multi-family units are less than two (2) stories in
height.
1.6.14.Building Height: The permitted height of all multi-family structures shall not
exceed two and one half(2.5) stories;provided, however, no multi-family structure
shall exceed(2) stories when located one hundred fifty feet(150') or less from a
single family zoning district,unless otherwise approved by the Town Council, or its
designee.
1.6.15.Multi-Family Complexes that have controlled access: All developments that
contain limited gated access shall locate all gate controls, card pads and intercom
boxes in driveway islands with adequate stacking distances from the gate to allow
"U-turning" back onto a public street.
1.6.16.Usable Open Space Requirements: Each Lot or parcel of land developed under
the multi-family use shall provide open space totaling twenty percent (20%) of the
total multi-family gross acreage.
1.6.17.Area Requirements:
1.6.17.1. Such open space shall have a maximum slope not exceeding ten percent
(10%).
1.6.17.2. Such open space shall have a minimum dimension of fifteen feet(15').
1.6.17.3. Of the required open space, fifteen percent (15%) or 14,000 square feet,
whichever is greater, shall be required open space area. Flood plain may be
counted toward this requirement,however, required perimeter landscaped areas
may not be counted toward this requirement.
1.6.17.4. At the time of the site plan and/or subdivision plat approval,the Planning
and Zoning commission or Town Council may give full or partial credit for
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open areas that exceed the maximum slope of which are otherwise unusable if it
is determined that such areas are environmentally or aesthetically significant and
that their existence enhances the development.
1.6.18. Credits: A 1:1 square foot credit may be applied for each additional square foot
utilized for:
1.6.18.1. Swimming pools, adjacent decks and patios
1.6.18.2. Developed and equipped children's play areas
1.6.18.3. Usable portions of recreational buildings
1.6.18.4. Flood plain
1.6.19.Landscaping:
1.6.19.1. All required landscaping must be located within the required open space,
exclusive of required perimeter or parting landscaped areas.
1.6.19.2. One (1) large tree or three (3) small trees per 570 square feet of required
open space.
1.6.19.3. Three(3) five-gallon shrubs per 510 square feet of required open space.
1.6.20.Building Orientation: Buildings with enclosed garages, when adjacent to public
rights-of-way,must face garages internally to the development. Garages may not
face public rights-of-way.
1.6.21.Build-Out: A multi-family development must be ninety-five percent(95%)
complete before a subsequent Multi-Family development may be commenced.
1.7. SITE DESIGN
1.7.1. Corridor Identification- To provide for a unifying identification feature, as well as
to enhance the aesthetics of the corridor as a whole, on-site entry features will be
incorporated in the site design. These features will include hard and soft scape items
such as additional landscaping, low walls, and enhanced paving materials such as
colored,textured, or stamped concrete.
All street and directional signage, as well as main identification signage shall
incorporate the logo of the corridor. This logo shall recognize the importance of this
business area while recognizing the relationship of Prosper to its rural setting.
The inclusion of various water features within the site design, such as fountains,
pools and ponds are encouraged. Preservation of the existing creek areas in a natural
state is encouraged subject to engineering approval.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
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• 1.7.2. Parking Areas-In addition to any other requirements set forth in Section 12:
OFF-STREET PARKING AND LOADING REGULATIONS of Prospers
! f Comprehensive Zoning Ordinance, as it exists or may be amended:
1.7.2.1. Parking areas will not be permitted within any landscape buffer strip. (See
Paragraph 1.11 -LANDSCAPING, below, for the recommended landscaping
and screening in this landscape buffer strip.)
1.7.2.2. Parking areas will not be permitted in front of the(primary)building except
under the following circumstances:
1.7.2.2.1. Required parking for buildings in which the primary use is retail,
including restaurants.
1.7.2.2.2. Required parking for office-showroom-distribution-warehouse
buildings where each tenant space has its own direct entry.
1.7.2.2.3. Limited visitor parking not to exceed fifty percent (50%)of the total
required parking when the office building is three stories or less in height,
and twenty-five percent (25%)when an office building is up to seven(7)
stories in height.
1.7.2.2.4. Limited parking outlined in paragraph(iii)may be increased by ten
percent(10%) for each additional ten(10)ft. of landscape buffer strip
added to any that is provided.
1.8. Loading and Unloading Areas-In addition to any other requirements set forth in Section
12: OFF-STREET PARKING AND LOADING REGULATIONS of Prospers
Comprehensive Zoning Ordinance, as it exists or may be amended:
1.8.1. Driveways, aisles, maneuvering areas and truck berths will be designed to
accommodate the largest vehicles that would normally be expected to use those
particular driveways, aisles,maneuvering areas and truck berths.
1.8.2. The site should be designed for counterclockwise circulation of large trucks as left
turns and left-hand backing maneuvers are easier and safer since the driver's position
is on the left-hand side of the vehicle.
1.8.3. All parking, loading and maneuvering of trucks will be conducted on-site, on
private property.
1.8.4. Required parking will not be allowed within the truck dock apron space, where
conflicts may arise between loading and maneuvering activities and vehicle parking.
1.8.5. Special notice should be taken regarding the placement of these areas on the site as
well as the screening requirements as set forth in Paragraph 1.10-SCREENING
below.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 7
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1.9. BUILDING DESIGN
The building materials and general architectural styles of the buildings in this corridor shall
be compatible and with complimentary color within the individual developments as well as
within the corridor as a whole. This is not to require that all buildings use the same styles,
colors, or materials,however, a central theme of the corridor will be evident to the casual
observer. Each building will be designed to complement the general architectural
character of this corridor by being responsive to the materials, color, scale, and goals set
forth for this corridor in this ordinance.
The number of materials used on the exterior of each separate building should be kept to a
creative minimum. The intent of this is to encourage architects to limit the number of
materials employed thus allowing visual simplicity and harmony to be achieved while
avoiding the establishment of overly complex design guidelines.
1.9.1. Exterior Walls
1.9.1.1. Masonry materials, as defined in Paragraph 1.13 DEFINITIONS, below,
will constitute a minimum of one hundred percent(100%) of each exterior wall
area excluding doors, windows or window walls.
1.9.1.2. Where rear facades are visible from adjoining properties and/or public right
of way,they will be of a finished quality and consist of colors and materials that
blend with the remainder of the building(s)facade.
1.9.1.3. Buildings that could,by the nature of their construction and use be
considered as"big boxes", such as certain types of retail and warehouse
buildings, should incorporate various architectural features to provide for a
visual relief to the front facade, such as canopies, columns,reveals, and/or color
schemes.
1.9.1.4. Windows of highly reflective(outward facing mirrored)glass shall not be
used as an exterior building material on any building or structure. However, in
order to encourage energy efficient building design,the use of tinted, inward
facing mirrored glass is both allowed and encouraged.
1.9.1.5. Front facade or any side facing any street must be eighty-five percent
(85%)masonry brick.
1.9.1.6. Buildings shall not exceed three(3) stories in height.
1.9.2. Parking Garages
1.9.2.1. Parking garages that front on public streets shall have architecturally
finished facades, complementary to the surrounding buildings. Street front
(J `j openings in parking structure shall not exceed fifty-five percent(55%) of the
façade areas,this percentage excludes the top floor, if unroofed.
1.9.2.2. Where possible,the narrow facade of the parking garage shall be oriented
to the street to minimize its visual impact.
1.10. SCREENING
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
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Various site features, such as loading and parking areas, outdoor storage areas,
mechanical and rooftop equipment, refuse facilities and utility accessories are all
_ necessary components of retail, commercial and/or industrial development. However,
extra effort must be taken to reduce the visual impact and/or screen these site features
from adjoining properties and public rights-of-way.
1.10.1. General Requirements
No fence, screen, wall or other visual barrier will be placed in such a manner as to obstruct
the vision of motor vehicle drivers approaching any street intersection. At all
intersections, clear vision will be maintained across the corner for a distance of twenty-five
(25) feet back from a projected curb line corner along both intersecting streets.
1.10.2.Outdoor Storage and Display Areas
1.10.2.1. Outside storage,when permitted:
1.10.2.1.1. Will not be located in the front portion of the lot between a public
street and the line(s)projected along and beyond the face(s) of the
building to the side lot lines.
1.10.2.1.2.Will be screened from view of public streets and adjacent properties,
see the definition of Screening Wall in Paragraph 1.13 -DEFINITIONS,
below.
1.10.2.1.3.Will not exceed the height of the screening element provided.
1.10.3.The outdoor storage area will be screened by one or a combination of the
following elements:
1.10.3.1. Earthen berms and landscaping, including evergreen shrubs,used in
combination to achieve a minimum screening height of eight (8) feet as
measured from the top of adjacent street curbs,but in all cases beans will have
a maximum side slope of 3:1.
1.10.3.2. Masonry walls and landscaping, including evergreen shrubs or trees used in
combination to achieve a height of at least eight(8)feet, as measured from the
top of the adjacent street curbs. Walls will have a minimum height of four(4)
feet, and will be finished in a matching or complimentary color to the color of
the building, facade,trim or roof surface.
1.10.4.Loading Areas
Truck loading berths and apron space should not be located on the street side of any building.
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1.10.4.1. In those instances where three (3) or more sides of the building face
dedicated streets, loading berths and apron space should be located at the rear
• of side of the building. This loading area must be screened from abutting
streets as follows:
1.10.4.1.1.By a combination of permanent architectural and landscape elements
such as walls, berms, trees and shrubs so as to distract, soften or interrupt
the view of the casual observer. These elements should be installed along
approximately fifty(50%) of the affected property line; and
1.10.4.1.2.Will meet the construction guidelines of the Screening section of this
ordinance,to the height of the top of the dock door but no greater than
twelve (12)feet above the truck dock apron;and
1.10.4.1.3. Shall, when viewed at a perpendicular angle from the street screen the
truck berths completely, except for driveway opening(s).
1.10.4.2. Truck loading berths and apron space will not be located within any
landscape buffer strip.
1.10.4.3. No loading dock or service bay doors will be constructed on any portion of
front wall facing S.H. 289, U.S. 380, and/or any other major thoroughfare as
identified in Prospers Thoroughfare Plan, as it exists or may be amended.
1.10.4.4. No loading dock or service bay doors will be constructed on any side or
rear wall within 100 feet of the S.H. 289/U.S. 380 right-of-way, and/or any
other major thoroughfare as identified in the Town of Prospers Thoroughfare
Plan, as it exists or may be amended.
1.10.4.5. No loading dock or service bay doors will be constructed within 60 feet of
any front property line, not adjacent to S.H. 289,U.S. 38Oand/or any other
major thoroughfare as identified in the Town of Prospers Thoroughfare Plan, as
it exists or may be amended..
1.10.5. Site Features
Permitted incinerators, storage tanks,trash containers,heating, ventilation, air
conditioning equipment and maintenance facilities, will either be housed in buildings or
otherwise be screened from view of public streets which abut such sites.
1.10.6.Roof Top Mechanical Equipment
All roof-mounted equipment including,but not limited to fans,vents, air-conditioning
units and cooling towers will be screened so as not to be visible to the immediate
ground level of adjacent properties. When deemed appropriate by the architect, strong
consideration should be given to utilizing the primary building facade to accomplish
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screening. In addition, roof-mounted equipment will be placed and finished in a
manner which minimizes its visibility from overhead views from nearby buildings and
elevated thorou•hfare sections.
1.10.6.1. Overall screening height will be the height of the highest element of roof-
mounted equipment.
1.10.6.2. The exposed side of the screening device, if independent of the building
facade, will be finished in a matching color to the color of the building facade,
trim, or roof surface, whichever color is more effective in minimizing the
visibility of the equipment and screen from ground level.
1.10.6.3. When visible from the property lines and/or public rights-of-way, roof
color will be architecturally compatible with building color.
1.10.6.4. To the greatest extent possible, roof-mounted equipment will be placed in a
linear and/or grid configuration except for normal plumbing vents or flues.
1.10.6.5. Satellite dishes, antennas and cellular equipment shall be screened for
_ rights-of-way and adjacent properties. However,monopole facilities will be
permitted within this corridor if these facilities are mounted on a structure or on
an existing pole, such as a light standard.
1.10.7.Utilities
The primary goal of this paragraph is to minimize the visual impact of overhead utility
wires and their poles within a site.
(NOTE: PROVISIONS WILL BE MADE FOR TEMPORARY SERVICE DURING
THE NORMAL CONSTRUCTION PERIOD.)
1.10.7.1. All utilities, including,but not limited to, electrical, gas, and telephone will
be placed underground subject to the following provisions:
1.10.7.1.1.At the time that a property is developed, all electrical service lines, on-
site, shall be placed underground.
1.10.7.1.2.Feeder lines may either be placed underground, or along the rear
property line.
1.10.7.1.3.If not practical to place feeder lines underground,then metal poles(vs.
wood) shall be used and these poles shall also be used for street light
fixtures.
1.10.7.1.4.Nothing herein will be construed as requiring the City of Prosper or the
utility company to bear the increased cost of underground utility
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4433 3I76-
placement recommended by this ordinance(as compared to the cost of
overhead placement on wood poles).
1.10.7.2. Utility meters and other utility apparatus, including but not limited to
transformers, will be located to the rear of the structure unless adequately
screened from view of public streets and adjoining properties. Adequately
screened from view is defined as not only screening, but also the utilization of
landscaping and other site elements to distract, soften or interrupt the view of
the casual observer with the goal of the negative aesthetic impact of the
appearance while not interfering with the safe operation and maintenance of the
equipment being screened.
1.10.7.3. Wall-mounted equipment, including meters(such as banks of electric
meters on the rear or side wall of multi-tenant buildings), will be screened from
public streets by one of the following methods. All screening provided will
meet clearances required by affected utility companies.
1.10.7.3.1.Landscaping, including trees or evergreen shrubbery.
1.10.7.3.2.Masonry walls in conjunction with landscaping.
1.10.7.3.3. Wall-mounted screening devices such as cabinets or partitions which
area architecturally compatible with the facade.
1.11. LANDSCAPING
1.11.1. Street Trees/Landscape Buffer Areas
The following provisions require landscape buffers be installed between all street rights-of-
way and private property. It is not the intent of these regulations to require a uniform
buffer width along the street frontages. These regulations in combination with the street
trees as recommended in Paragraph 1(c), below, and the berms, shrubs and/or wall as
proposed for parking lot screening, will encourage in a variety of buffer widths,berming
configurations and plant groupings along the street frontages.
It is the intent of this provision to require a wider buffer depth where parking is provided
head-in and adjacent to the street right-of-way. Where there is no parking in front of the
building or if a driveway separates the parking form the street right-of-way,the buffer
width may be reduced to the minimum allowed. Note: along all major thoroughfares in
Prosper, a minimum parkway of fourteen(14) feet in width is required,therefore this
landscape buffer herein incorporated will be in addition to the parkway.
1.11.2.A landscape buffer with a minimum width of twenty(20) feet and a minimum
average width of thirty(30) feet should be provided adjacent to the right-of-way line
of U.S. 380 and S.H. 289 and/or any other major thoroughfare as identified in
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 12
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Prospers Thoroughfare Plan, as it exists or may be amended. This landscape buffer
strip is exclusive of the street parkway.
1.11.3.A landscape buffer strip with a minimum width often(10)feet and a minimum
average width of twenty(20) feet should be provided adjacent to the right-of-way
line of all other dedicated streets. This landscape buffer strip is exclusive of the
street parkway.
1.11.4. Trees shall be installed at a rate of one(1) large street tree for every forty(40) feet
of frontage in the landscape buffer strip. These trees may be either uniformly spaced
or may be clustered depending on overall landscape design. In order to provide
identity and character to this corridor—(1) a minimum of twenty-five percent(25%)
of the street trees shall be Live Oak trees, (2) a minimum of twenty-five percent
(25%) of the trees shall be Crepe Myrtle trees, and(3)the remaining fifty percent
(50%)of the trees shall be selected from other trees on the Recommended Plant list.
These trees shall be three(3) inch caliper at the time of planting.
1.11.5. Site Landscaping
Minimum Percentage: A minimum percentage of each site will be landscaped,
according to the following requirements. Landscaped areas will include all outside
plantable ground surface including buffers,parking lot landscaping, and other
landscaped areas. It will not include areas inside buildings or any paved or hard
surfaced areas such as walks, drives,parking areas, and hard surfaced recreation areas.
All landscaped areas will be planted with trees, shrubs, lawn and/or other living ground
cover.
1.11.5.1. Industrial and Commercial Sites: A minimum of 10% of the platted area of
each site will be landscaped.
1.11.5.2. Office Sites: A minimum of fifteen percent(15%)of the platted area of
each site will be landscaped.
1.11.5.3. Retail Sites: A minimum often percent(10%) of the platted area of each
site will be landscaped.
1.11.6.Parking Lot Screening:
The intent of this regulation is to.obscure the view of parking areas from adjacent
rights-of-way and properties.
A landscape feature including a combination of walls,berms, and evergreen shrubs
shall be used to screen the parking areas from the street right-of-way. The minimum
screening height shall be twenty-four(24) inches. The use of berming is recommended
to be in combination with wall and/or shrubs along each street frontage. It is the intent
of this regulation that these screening devices will be intermixed, whereas,the berm
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 13
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may be discontinuous and/or in a serpentine design with evergreen shrubs and/or low
walls interspersed.
1.11.6.1. Evergreen shrubs shall be a minimum of twenty-four(24) inches in height
at the time of planting and if utilized as an integral part of the screening,
(instead of ornamental)these shrubs shall be placed triangularly no greater than
forty-eight (48) inches on center.
1.11.6.2. Berms shall achieve an average height of twenty-four(24)inches, with a
maximum slope of 3:1.
1.11.6.3. Wall, when used in combination with berming, shall achieve a minimum
height of three (3) feet.
1.11.7.Irrigation
All landscaped areas will have fully automated underground irrigation systems.
1.11.8. Other Landscape Recommendations
1.11.8.1. Large trees as defined by this Ordinance will be a minimum of 3"in caliper
at the time of planting. Small trees as defined by this Ordinance will be a
minimum of eight (8) feet in height at the time of planting.
1.11.8.2. A monolithic curb will protect all landscape areas.
1.11.8.3. Landscape areas will be no less than four(4) feet wide and a minimum of
thirty-two (32) square feet in area.
1.11.9.Recommended Plant List
Large Trees . Small Trees Evergreen Shrubs
Austrian Pine Yaupon Holly Red Tip Photinia
Sweetgum Crape Myrtle Burford Holly
Aristocrat Pear Purple Plum Nellie R. Stevens Holly
Bradford Pear Washington Hawthorne Abelia
Live Oak Wax Myrtle Elaeagnus
Eastern Red Cedar Red Bud
American Elm Mexican Plum
Texas Ash Possum Haw
Chinese Pistachio Cherry Laurel
Japanese Black Pine Nellie R. Stevens Holly(in tree
Bald Cypress form)
Bur Oak
Red Oak
Silver Male
Ground Cover Prohibited Trees
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 14
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4433 3I7
Asian Jasmine Hackberry
Honeysuckle Green Ash
English Ivy Arizona Ash
Boston Ivy Mulberry
Liriope Sycamore
Monkey Grass Willow
Virginia Creeper Pin Oak
Vinca
1.12. GLARE AND ILLUMINATION
Regulations on glare and illumination are set forth to achieve a balance between the
need for safety, security and aesthetics of building and its site features and the
potential negative effects that its illumination has on adjoining properties.
While not mandatory and due to the changing technology within the lighting industry,
certain types of lighting are suggested for certain applications, such as:
Large area Metal halide Walkways: Incandescent
security Mercury vapor Fluorescent
lighting: Metal halide
Mercury vapor
Small area Metal halide Accent lighting: Neon
security Mercury vapor Fiber optics
lighting: Fluorescent Incandescent
Fluorescent
Metal halide
Mercury vapor
Exterior of High pressure Exterior of High pressure
large sodium small buildings: sodium
buildings: Incandescent
Fluorescent
Metal halide
Mercury vapor
The intent of this mixture is to eliminate the monotony of a single type of lighting
while utilizing types that enhance the appearance of the surfaces and objects being
illuminated.
1.12.1.Glaze
1.12.1.1. Any use will be operated so as not to produce glare or direct illumination
across the bounding property line from a visible source of illumination of such
intensity as to create a nuisance or detract from the use or enjoyment of
adjacent property.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 15
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4433 3I80'
1.12.1.2. All outside lights will be made up of a light source and reflector so selected
that acting together the light beam is controlled and not directed across any
bounding property line above a height of three(3)feet at a maximum intensity
of 0.5 foot candles.
1.12.2.Parking Lot and Loading Area Lighting
1.12.2.1. The mounting height of luminary fixtures will not exceed the following
heights:
:blin Dimension of Parking Area flax Luminary Mounting Height
0—60 feet 14 feet
61 — 196 feet 20 feet
197+feet 30 feet
1.12.2.2. Standards,poles and fixture housings will be of a single color, compatible
with the architecture of the building.
1.12.2.3. All lighting fixtures will be restricted to down-light or cut-off types.
1.12.2.4. Low-pressure sodium lighting or lighting of similar color will not be used.
1.12.3. Walkway Lighting
1.12.3.1. The mounting height of luminary fixtures will not exceed twelve(12)feet.
1.12.3.2. Pole and wall-mounted fixtures mounted above eight(8)feet will be of a
down-light or cut-off type.
1.12.4.Accent Lighting
1.12.4.1. Lighting may be used to highlight landscape elements,building entries
other important architectural elements, and site elements such as opaque
signage, fountains and sculptures.
_ } 1.12.4.2. Lighting will be concealed or otherwise positioned in such a manner that
the light source cannot be seen from any property line of the site on which the
light is located.
1.12.5. Security Lighting
1.12.5.1. Pole and wall-mounted fixtures mounted six(6)feet or more above
surrounding grade will be of a down-light or cut-off type.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 16
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1.12.5.2. If a rear yard security light is mounted higher than ten(10)feet, it will be
placed at the property line and directed away from adjacent properties.
t .
1.12.6.Low Voltage Lighting
The use of residential quality low voltage systems is prohibited except in the strictest
interpretation of accent lighting of selected site features and elements.
1.13. DEFINITIONS
Building Any structure intended for shelter, housing or enclosure for persons,
animals or chattel. Dividing walls without openings within a
structure (separate lease spaces) will not be deemed a separate
building for purposes of this Ordinance.
Building,Main A building in which is conducted the principal use of the lot on which
it is situated.
Caliper The diameter of a tree trunk will be measured at 12 inches above
ground level. If a tree is a multi-trunk variety,the caliper of the tree
is the sum of one-half the total of all trunks less than 1.5 inches and
the total of all other trunks greater than 1.5 inches, measured at 12
inches above the ground level.
Commercial Site A site on which the primary use is a retail, restaurant, service,
medical, including other types of non-residential sites not classified as
primarily industrial or general office.
Development The improvement of a site through the construction of infrastructure,
buildings or structures.
Electrical Those major electrical lines which are used to distribute power on a
Transmission regional/sub-regional basis between electric generating plans and area
Lines substations. Transmission lines are generally located on towers and
carry currents of 138 KVA or more.
Electrical These feeder lines which provide service to constructed
Distribution developments. They generally run from electrical substations to
Lines service deliver points at end users, and carry currents of 12.5-25.0
KVA.
Enhanced Paving Brick, tile, stone, concrete paving units, or colored, textured
concrete, stamped to have the appearance of brick or other individual
paving units.
Evergreen Shrub A shrub of a variety identified by the Plant List as an evergreen shrub.
Ground Cover Plants of species that normally reach a height of less than 3 feet upon
maturity installed in such a manner so as to form a continuous cover
over the ground.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 17
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Highly Reflective Glass with an exterior reflectance percentage of 27%or more of
Glass available visible light energy reflected away from the exterior surface
of the glass.
Industrial Site A site on which the primary use is an industrial or manufacturing use,
where outdoor storage as well as loading and unloading of
commercial vehicles may be a part of the day to day function of the
business. Industrial uses may include warehouse, office/warehouse,
distribution centers, manufacturing or combinations of those uses.
Landscape Area Any area which is permeable and capable of supporting living organic
ornamental or native plant material, or water scape. The landscape
area must support trees,turf, ground covers seasonal color and/or
shrubs.
Landscape Buffer The greenbelt area or landscape area from the front or side property
lines adjacent to a dedicated thoroughfare extending a minimum of 20
feet into the lot or tract.
Masonry An exterior facade material such as brick, stone, rock, concrete,
concrete block, stucco,marble and glass block. However, if CMU is
utilized then it must be textured and shall be painted or otherwise
colored.
Masonry Wall An exterior wall composed of a singular or a combination of those
materials defined as masonry laid up either unit by unit or pre-
assembled panels.
Net Acre The gross number of acres constituting the property, less any part
lying within(i)the existing right-of-way lines of any existing public
roads, streets or alleys; (ii) utility or other easement areas other than
easements for lateral utility lines serving only the real property;
(iii)lakes, streams,ponds, watercourses, flood plains, or similar areas;
or(iv) encroachments, overlaps or other areas affected by
discrepancies in legal descriptions.
Outdoor Storage The storage of equipment, materials, goods, and supplies including
Area the keeping of automobiles,trucks, boats, trailers, buses, and lawn
and garden equipment which are not entirely enclosed within a
building and which are not on temporary display for the purpose of
being immediately available for sale to the public, as a primary
activity of the main use of the site.
Screening Wall Any screening wall or fence shall be constructed of masonry or with a
concrete or metal frame supporting a permanent masonry type wall
material which does not contain openings constituting more than 40
square inches in each 1 square foot of wall or fence surface, and the
surface of such wall or fence shall constitute a visual barrier. All wall
or fence openings shall be equipped with gates equal in height and
screening characteristics to the wall or fence. Within the retail zones
of the Town of Prosper,the planting of various trees and shrubs
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 18
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along the wall is encouraged to soften the view of this
fence/screening devise from adjoining properties and public rights-of-
way.
Site Any plot, tract or parcel of land or combination of contiguous lots,
tracts or parcels of land which is developed(or intended for
development) according to an overall site plan. A site will be
exclusive of any land dedicated for public use, such as streets, alleys
and flood plains but may include mutual access,pedestrian, or utility
easements,through the official platting process.
B. Section 20:NONCONFORMING USES AND STRUCTURES. Section 20 shall be amended
to include the following:
In addition to the above, the right to operate a non-conforming use shall cease, and such use shall
be terminated under any of the following circumstances:
1. Whenever there occurs a violation of any of the provisions of this Ordinance, as amended,
or violation of any Ordinance of the town with respect to a non-conforming use; or
1,. l
2. Whenever a non-conforming use is changed to a conforming use by rezoning so as to
achieve compliance with the provisions of a new or a different zoning district; or
3. Whenever a non-conforming use is changed to a conforming use under the provisions of
this Ordinance, as amended; or
4. Whenever the right to maintain or operate a non-conforming use is terminated by the
Board of Adjustment in accordance with its policies;or
5. Failure to obtain a certificate of occupancy in compliance of the terms of this Ordinance,
as amended.
The operator, owner or occupant of any non-conforming uses of land or buildings shall,within
twelve(12)months after the earlier date on which the same became non-conforming or the date
of publication of this Ordinance,register such non-conforming use by obtaining from the Town
Mayor or his designee a certificate of occupancy. Such certificate of occupancy(non-
conforming) is required to maintain a non-conforming use status. Failure to timely obtain a
certificate of occupancy shall terminate the non-conforming use which shall then be subject to and
shall comply with the Ordinances of the Town of Prosper.
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.
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 19
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SECTION 4: Unlawful Use of Property. It shall be unlawful for any person, firm or corporation
to make use of the property contained in the Corridor District in some manner other than as
authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to
construct on any property within the Corridor District any building that is not in conformity with
the permissible uses under this Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance
or any provision of Prosper's Comprehensive Zoning Ordinance No. 84-16, or as amended, shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a 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: Conflicting Ordinances. All ordinances in conflict herewith are repealed to the
extent they are in conflict. 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 passage
andpublication as,required by law.
'PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
0' 1ROSPI it,x,, S on this g. h day of j(Lino, 1999.
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STEP O. COF YOR
ATT'ES'iD TO AND
} CORRECTLY RECORDED BY: APPROVED AS TO FORM:
S EY C O ABERNATHY, ROEDER,
City Secretary BOYD &JOPLIN,P.C.
RICHARD M. ABERNATHY
City Attorneys
ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 20
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133 3185
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DATE OF PUBLICATION: June l i; 1 q q 61 ,McKinney Courier Gazette
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ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO.84-16 CREATING
THE CORRIDOR DISTRICT AND AMENDING SECTION 20(NONCONFORMING USES AND STRUCTURES)-Page 21
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--� Lf 88 8 I 8 6
4*-
CITY OF PROSPER
P.O. BOX 307
109 SOUTH MAIN STREET
PROSPERS TEXAS 75078
•
ANY PROVISION HEREIN WHICH RESTRICTS THE SALF,RENTAL,OR UST OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
ZebY STATE OF TD{AS)
ale time celery�t We instrument was FILED to the Flle NumhaCOUMY OF COWN).
Reoerd of Resta mped hereon by me;and ray duty RECORDED,In the Mal Pubequence on Ihe lic ty of Collin County,Tenes on
JUN 0 9 1999
Filed for Record in:
COLLIN COUNTYL TX
HONORABLE HEL LN S T ARI TES
On 1999/06/09
At 3:49P
Number: 99- 0072945
Type e OR 51.00