14-23 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-23
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20,
ORDINANCE NO. 04-52, AND ORDINANCE NO. 08-099; REZONING A
TRACT OF LAND CONSISTING OF 357.32 ACRES, MORE OR LESS,
SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 147, E.B. HAWKINS SURVEY, ABSTRACT NO. 581, AND L. NETHERLY
SURVEY, ABSTRACT NO. 962, IN THE TOWN OF PROSPER, COLLIN
COUNTY AND DENTON COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT-14 (PD-14) AND PLANNED DEVELOPMENT-43 (PD-43) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-SINGLE FAMILY/RETAIL/COMMERCIAL (PD-
SF/R/C); 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
Prosper Partners, LP ("Applicant") to rezone 357.32 acres of land, more or less, situated in the
Collin County School Land Survey, Abstract No. 147, E.B. Hawkins Survey, Abstract No. 581,
and L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Collin County and 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
Findinqs Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zonina Ordinance No. 05-20, Ordinance No. 04-52, and Ordinance No.
08-099. Zoning Ordinance No. 05-20, Ordinance No. 04-52, and Ordinance No. 08-099 is
amended as follows: The zoning designation of the property containing 357.32 acres of land,
more or less, situated in the Collin County School Land Survey, Abstract No. 147, E.B. Hawkins
Survey, Abstract No. 581, and L. Netherly Survey, Abstract No. 962, in the Town of Prosper,
Collin County and Denton County, Texas, (the "Property") and all streets, roads and alleyways
contiguous and/or adjacent thereto is hereby rezoned as Planned Development-Single
Family/Retail/Commercial (PD-SF/R/C). The Property as a whole and for this zoning
classification is 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", 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 (3) 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 District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District 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
Penaltv. 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
Ordinance No.14-23,Page 2
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
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/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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 8T" DAY OF APRIL, 2014.
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Ray Smith Mayor
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No.14-23, Page 3
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FEBRUARY 2DI I
Prosper Center and Associates,Inc.
TO NOFPROSPER
P�
DlFNTON AND COLLIN COUNTY TEXAS
SEP
BY
Z13-0011
EXHIBIT"B"
PROSPER CENTER
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
The Planned Development District provides the ability to encourage and accommodate the development of
commercial business, retail, and single family residential uses within the Town of Prosper.
The Planned Development District includes commercial areas that will generally provide opportunities for
corporate headquarters, retail, training centers, assembly/production facilities for technological and scientific
industries, office, and commercial facilities complemented by single family detached residential, all in close
association with major thoroughfares. The majority of the Planned Development District will accommodate
primarily single family residential uses, as well as provide the opportunity for neighborhood retail service centers
for the residents of the community. Facilities will include uses that relate to the geographic location and
transportation facilities that are proposed for this area.
Site characteristics of Prosper Center, such as topography, thoroughfare locations, proposed uses and
development opportunities will formulate a distinctive approach for the Town's future.
Ordinance No.14-23,Page 5
Z13-0011
EXHIBIT"C"
PROSPER CENTER
PLANNED DEVELOPMENT DISTRICT
PLANNED DEVELOPMENT STANDARDS
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 the Subdivision Ordinance (Ordinance No. 03-05 as it currently exists
or may be amended) shall apply.
1. Single Family Residential
1.1 General Description: Single Family Residential uses shall be permitted in all locations as shown on
Exhibit"D" that are not identified as Commercial. Retail uses may be permitted, but not required, to
develop in accordance with Section 2 within the areas identified on Exhibit"D".
1.2 Permitted Uses: Land uses allowed within the Single Family Residential Tracts 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
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In-Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• School, Private or Parochial S
• School, Public
• Single Family Dwelling, Detached -as described herein
• Stealth Antenna, Commercial C
• Temporary Building C
• Utility Distribution/Transmission Facility S
Ordinance No.14-23, Page 6
1.3 Density: The maximum number of single family detached units shall be nine hundred thirty (930).
1.4 Lot Tvpes: The single family detached lots shall be in accordance with the following Lot Types:
• Type A Lots: Minimum 6,600 square foot lots
• Type B Lots: Minimum 7,800 square foot lots
• Type C Lots: Minimum 8,400 square foot lots
1.5 Sinqle Familv Detached Residential Area and Building Regulations:
1.5.1 Type A: A maximum of three hundred fifty (350) total units of this type shall be allowed and
shall only be located within Tracts 2, 3, or 4. The max amount allowed within Tract 2 shall
be seventy (70) units. The max amount allowed within Tract 3 shall be one hundred (150)
units. The remainder, up to the three hundred fifty (350) maximum total, shall be allowed in
Tract 4.
1.5.1.1 Size of Yards:
1.5.1.1.1 Minimum Front Yard: Twenty-five (25) feet. Setbacks shall be staggered
per Zoning Ordinance.
1.5.1.1.2 Minimum Side Yard: Seven and one half (7.5) feet; fifteen (15) feet on
corner adjacent to street.
1.5.1.1.3 Minimum Rear Yard: Twenty (20) feet
1.5.1.2 Size of Lots:
1.5.1.2.1 Minimum Lot Area: Six thousand six hundred (6,600) square feet.
1.5.1.2.2 Minimum Lot Width: Fifty-five (55) feet; except for lots at the terminus of a
cul-de-sac, on a corner, or along a curve may have a width of fifty (50) feet
at the front building line; provided all other requirements of this section are
fulfilled.
1.5.1.2.3 Minimum Lot Depth: One hundred twenty (120) feet; except for lots at the
terminus of a cul-de-sac, on a corner, backing to a turn lane, or along a
curve may have a depth of one hundred ten (110) feet, measured at the
midpoints of the front and rear lot lines provided all other requirements of
this section are fulfilled.
1.5.1.3 Minimum Dwellina Area: Two thousand two hundred (2,200) square feet.
1.5.1.4 Maximum Buildina Heiqht: Two and a half (2 '/2) stories, no greater than forty (40)
feet.
1.5.1.5 Lot Coveraae: Fifty Five (55) percent.
1.5.2 Type B: Except for those lots developed per 1.5.1 and 1.5.3, the remainder of the units
within the development shall be of this type._
1.5.2.1 Size of Yards:
1.5.2.1.1 Minimum Front Yard: Twenty-five (25) feet. Setbacks shall be staggered
per Zoning Ordinance.
1.5.2.1.2 Minimum Side Yard: Seven and one half (7.5) feet; fifteen (15) feet on
corner adjacent to street.
1.5.2.1.3 Minimum Rear Yard: Twenty (20) feet.
1.5.2.2 Size of Lots:
1.5.2.2.1 Minimum Lot Area: Seven thousand eight hundred (7,800) square feet.
Ordinance No. 14-23, Page 7
1.5.2.2.2 Minimum Lot Width: Sixty-five (65) feet; except for lots at the terminus of a
cul-de-sac, on a corner, or along a curve may have a width of sixty (60)
feet at the front building line; provided all other requirements of this section
are fulfilled.
1.5.2.2.3 Minimum Lot Depth: One hundred twenty (120) feet; except for lots at the
terminus of a cul-de-sac, on a corner, backing to a turn lane, or along a
curve may have a depth of one hundred ten (110) feet, measured at the
midpoints of the front and rear lot lines provided all other requirements of
this section are fulfilled.
1.5.2.3 Minimum Dwellinq Area: Two thousand five hundred (2,500) square feet.
1.5.2.4 Maximum Buildina Heiqht: Two and a half (2 '/2) stories, no greater than forty (40)
feet.
1.5.2.5 Lot Coveraqe: Fifty Five (55) percent
1.5.3 Type C: All lots located along the northern and eastern boundaries of Tract 2 shall be Type
C lots.
1.5.3.1 Size of Yards:
1.5.3.1.1 Minimum Front Yard: Twenty-five (25) feet. Setbacks shall be staggered
per Zoning Ordinance.
1.5.3.1.2 Minimum Side Yard: Seven and one half (7.5) feet; fifteen (15) feet on
corner adjacent to street.
1.5.3.1.3 Minimum Rear Yard: Twenty (20) feet.
1.5.3.2 Size of Lots:
1.5.3.2.1 Minimum Lot Area: Eight thousand four hundred (8,400) square feet.
1.5.3.2.2 Minimum Lot Width: Seventy (70) feet; except for lots at the terminus of a
cul-de-sac, on a corner, or along a curve may have a width of sixty-five
(65) feet at the front building line; provided all other requirements of this
section are fulfilled.
1.5.3.2.3 Minimum Lot Depth: One hundred twenty (120) feet; except for lots at the
terminus of a cul-de-sac, on a corner, backing to a turn lane, or along a
curve may have a depth of one hundred ten (110) feet, measured at the
midpoints of the front and rear lot lines provided all other requirements of
this section are fulfilled.
1.5.3.3 Minimum Dwellina Area: Two thousand five hundred (2,500) square feet.
1.5.3.4 Maximum Buildinq Heiqht: Two and a half (2 '/z) stories, no greater than forty (40)
feet.
1.5.3.5 Lot Coveraqe: Fifty Five (55) percent
1.6 Additional Standards: Residential development shall employ the following additional measures to
promote a quality residential community.
1.6.1 Fencinq: All fencing shall comply with the Town's fencing standards as they exist or may be
amended. In addition, the following regulations shall apply:
1.6.1.1 Fencing shall not exceed (8) feet in height above grade.
1.6.1.2 All fencing located adjacent to open space, parks, or floodplain shall consist of
ornamental metal.
Ordinance No. 14-23, Page 8
1.6.1.3 All wood fencing facing a public street shall consist of cedar, board on board with a
top rail, and supported by steel posts. A common wood fence stain color shall be
established for the community by the developer.
1.6.1.4 Fences shall be located at least ten (10) feet behind the front elevation of the main
building.
1.6.2 Exterior Liqhtinq: All homes shall provide an exterior lighting package to illuminate front
entrances and garages.
1.6.3 Garaqes:
1.6.3.1 Homes shall have a minimum of two (2) car garages, but not more than three (3). No
carports shall be permitted.
1.6.3.2 A house with three (3) car garage/enclosed parking spaces shall not have more than
two (2) garage doors facing the street. (Note that one double (approximately 20')
door counts as two garage doors).
1.6.3.3 All garage doors shall have stamped reveals/texture or have a cedar cladding.
1.6.3.4 A minimum of 25% of the Type B and Type C units shall have swing-in driveways
and/or side facing garages.
1.6.4 Driveways and Sidewalks: All portions of driveways and sidewalks outside of the public
ROW shall incorporate an enhanced paving treatment consisting of stained concrete,
exposed aggregate concrete, salt finished concrete, and/or brick borders.
2. Retail—A maximum of two (2) corner locations at the intersection of Legacy Drive and Prairie Drive, with a
maximum total acreage of fifteen (15) acres, shall be permitted.
2.1 General Description: Retail may be developed in the general areas as illustrated on Exhibit "D".
These areas are primarily intended to accommodate retail, commercial and service centers that
supply the surrounding residential areas with convenience goods and services which are normal
daily necessities and routine purchases. Portions of or all of the Retail areas as illustrated on the
Exhibit"D" may be developed as single family residential as outlined in Section 1.
2.2 Permitted Uses: Land uses allowed within the Retail Tracts 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
• Administrative, Medical, or Professional Office
• Alcohol Sales C
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Assisted Care or Living Facility S
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Minor
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Building Material and Hardware Sales, Major S
Ordinance No.14-23,Page 9
• Building Material and Hardware Sales, Minor
• Business Service
• Car Wash
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Community Center
• Convenience Store without Gas Pumps
• Day Care Center, Adult S
• Day Care Center, Child C
• Dry Cleaning, Minor
• Equipment and Machinery Sales and Rental, Minor
• Farm, Ranch, Stable, Garden, or Orchard
• Farmer's Market
• Feed Store
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Furniture, Home Furnishings and Appliance Store
• Golf Course and/or Country Club
• Governmental Office
• Gunsmith
• Gymnastics/Dance Studio
• Health/Fitness Center
• Homebuilder Marketing Center
• Hospital
• House of Worship
• Household Appliance Service and Repair
• Insurance Office
• Laundromat
• Locksmith/Security System Company
• Massage Therapy, Licensed
• Mobile Food Vendor C
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Nursery, Minor
• Park or Playground
• Pet Day Care C
• Print Shop, Minor
• Private Recreation Center
• Private Utility, Other Than Listed
• Rehabilitation Care Institution S
• Restaurant or Cafeteria
• Restaurant, Drive In
• Retail Stores and Shops
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Telephone Exchange
• Temporary Building C
Ordinance No.14-23,Page 10
• Theater, Neighborhood
• Trailer Rental S
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
2.3 Retail Regulations: The area shall be developed in accordance with the "R — Retail" district
regulations of the Town of Prosper Zoning Ordinance (as presently existing or as they may be
amended).
3. Commercial—The Commercial tract comprises approximately thirty-six (36) acres generally located along
US 380 east of Legacy Drive as depicted on Exhibit"D".
3.1 General Description: The Commercial Tract, generally located on the subject property as shown on
the attached Exhibit "D", is intended to provide development opportunities for uses associated with
the"C—Commercial" district to create a vibrant commercial center.
3.2 Permitted Uses: Land uses allowed within the Commercial Tracts 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
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Assisted Care or Living Facility S
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Minor
• Automobile Sales, Used S
• Automobile Sales/Leasing, New S
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Beer&Wine Package Sales C
• Bottling Works
• Building Material and Hardware Sales, Major
• Building Material and Hardware Sales, Minor
• Bus Terminal C
• Business Service
• Cabinet/Upholstery Shop
• Car Wash
• Car Wash, Self-Serve S
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
Ordinance No.14-23,Page 11
• Community Center
• Convenience Store with Gas Pumps C
• Convenience Store without Gas Pumps
• Dance Hall S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, Incidental S
• Dry Cleaning, Minor
• Equipment and Machinery Sales and Rental, Minor
• Fairgrounds/Exhibition Area S
• Farm, Ranch, Stable, Garden, or Orchard
• Farmer's Market
• Feed Store
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Furniture Restoration
• Furniture, Home Furnishings and Appliance Store
• Gas Pumps C
• General Manufacturing/Industrial Use Complying with Performance Standards
• Golf Course and/or Country Club
• Governmental Office
• Gunsmith
• Gymnastics/Dance Studio
• Health/Fitness Center
• Helistop S
• Homebuilder Marketing Center
• Hospital
• Hotel C
• House of Worship
• Household Appliance Service and Repair
• Indoor Gun Range S
• Insurance Office
• Laundromat
• Limited Assembly and Manufacturing Use Complying with Performance Standards
Locksmith/Security System Company
• Machine Shop
• Massage Therapy, Licensed
• Mini-Warehouse/Public Storage S
• Mobile Food Vendor C
• Mortuary/Funeral Parlor
• Motorcycle Sales/Service S
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Nursery, Major
• Nursery, Minor
• Office and Storage Area for Public/Private Utility
• Office/Showroom
• Office/Warehouse/Distribution Center
• Open Storage—subject to Town's open storage and screening standards
• Park or Playground
• Pet Day Care C
• Print Shop, Minor
• Private Club C
Ordinance No.14-23,Page 12
• Private Recreation Center
• Private Utility, Other Than Listed
• Rehabilitation Care Institution S
• Research and Development Center C
• Residence Hotel C
• Restaurant or Cafeteria
• Restaurant, Drive in
• Retail Stores and Shops
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Storage or Wholesale Warehouse S
• Taxidermist
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Theater, Regional
• Transit Center
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
• Veterinarian Clinic and/or Kennel, Outdoor
• Winery
3.3 Commercial Regulations: The area shall be developed in accordance with the "C — Commercial"
district regulations of the Town of Prosper Zoning Ordinance (as presently existing or as they may
be amended) except for as noted below:
3.3.1 Size of Yards:
3.3.1.1 Minimum Front Yard: Thirty (30) feet for one (1) or two (2) story buildings, fifty (50)
feet for buildings taller than two (2) stories.
3.3.1.2 Minimum Side Yard:
3.3.1.2.1 Fifteen (15) feet adjacent to a nonresidential district. The minimum side
yard setback may be eliminated for attached retail buildings on separate
lots as shown on an approved site plan.
3.3.1.2.2 Fifty (50) feet for a one (1) or two (2) story building adjacent to a residential
district.
3.3.1.2.3 Thirty (30) feet adjacent to a street.
3.3.1.3 Minimum Rear Yard:
3.3.1.3.1 Fifteen (15) feet adjacent to a nonresidential district. The minimum side
yard setback may be eliminated for attached retail buildings on separate
lots as shown on an approved site plan.
3.3.1.3.2 Fifty (50) feet for a one (1) or two (2) story building adjacent to a residential
district.
3.3.2 Maximum Height: For hotel, hospital, office, or other similar uses as approved by the
Prosper Town Council, the maximum building height shall be eight (8) stories, not greater
than one hundred (100) feet. All other uses shall have a maximum height of two (2) stories,
not greater than forty (40) feet. Where buildings or structures exceed forty (40) feet in
height, such structures shall not be located closer to any residential district boundary line
than a distance equal to the sum of the required side or rear yard setback specified plus the
height of the building above forty (40) feet.
Ordinance No.14-23,Page 13
3.3.3 Lot Coveraae: Sixty (60) percent.
3.3.4 Floor Area Ratio: Maximum 1.5:1.
4. Parkland and Amenities
4.1 General Description: The proposed residential community shall provide parks and open spaces
throughout to promote use and enjoyment of open areas by the residents within the community
and the surrounding area. The proposed residential portion of the property shall convey
parkland as shown on Exhibit D and/or provide payment of money in lieu of land as described
below which shall satisfy the Parkland Dedication requirement to the Town of Prosper for the
proposed residential development described in this PD.
4.2 Communitv Park: Located at the southwest corner of the intersection of future Legacy
Drive and Fishtrap Road as shown on Exhibit D.
4.2.1 The Community Park shall be a minimum of twenty-six(26) contiguous acres with a
minimum of fifteen (15) acres outside of the 100 year floodplain.
4.2.2 Included within the Community Park is an existing creek and related floodplain.
This area is intended to be preserved in a natural condition. Twenty percent(20%)
of the parkland conveyance total for the Community Park may consist of floodplain
land.
4.2.3 The Community Park is anticipated to provide area for active uses. Specific
facilities in this area will be determined by Town staff, but may include some
combination of the following:
Hike and bike trails connecting neighborhoods, schools, and parks as shown on
the Town's Parks and Trails Master Plan
• Sport Courts
• Lighted softball/ baseball field(s)-shall comply with Town's lighting standards
• Lighted open sports fields-shall comply with Town's lighting standards
• Covered pavilion or shade structure
• Children's playground areas
• Parking
4.3 Monev in Lieu of Land: Payment of money in lieu of land shall be made to satisfy the remaining
Parkland Dedication requirement for the development not met by the Community Park
conveyance.
4.3.1 The average per-acre value of the property ($36,021 / acre) was calculated based on
the 2013 appraisal values from the Denton County Appraisal District and the Collin
County Appraisal District for the residential portion of the property within the PD.
4.3.2 The payment of the anticipated balance of$279,883 (7.77 acres of park land dedication
X $36,021/acre) shall be required within eighteen (18) months of the adoption of this
PD. If the payment is not received within eighteen (18) months, then the average per-
acre value will be based on the criteria set forth in the Town's ordinances as they exist
or may be amended.
Ordinance No.14-23,Page 14
4.4 Amenitv Center: A minimum of one(1) Amenity Center shall be provided within the
proposed residential community.
4.4.1 The Amenity Center(s) shall provide area for family oriented activities. The Town
shall have no maintenance responsibilities for any Amenity Center. The
intended program for the area shall include a minimum of three elements from the
following:
• Community building with interior and exterior spaces programmed for resident
and HOA uses-potentially to include a kitchen, meeting room(s), restrooms,
and/or fitness room
• Swimming pool
• Children's playground facility
- Open play area
• Convenience parking
• Connection to the hike and bike trails within the neighborhood
4.4.2 Any Amenity Center shall be completed with the initial phase of residential
development.
4.5 Open Space Areas: The Town shall have no responsibilities for the maintenance of any open
space areas.
Ordinance No.14-23,Page 15
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rates ABSTRACT N.962
X 5]50 Ge esrs Courts s SHEET NUMBER
m TX 750'A TOWN OF PROSPER,TEXAS
P 972 335 3568 02
F 972 335 3779 Z13-0011 FEBRUARY 2014
OF 02 SHEETS
EXHIBIT "E"
PROSPER CENTER
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT SCHEDULE
It is anticipated that the development of Prosper Center will begin within 1 to 10 years after approval and
signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen
that plans and studies will be prepared for development and marketing of the property.
Progress of development improvements will primarily depend on time frames established for construction of
thoroughfares, utilities, and market trends/demands for the area.
It is anticipated that the development of Prosper Center, excluding total construction of all structures, will be
completed within 15 to 25 years of zoning approval.
Ordinance No. 14-23, Page 17