19-83 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 19-83
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 2,125.651 ACRES, MORE OR LESS, SITUATED IN THE C. SMITH SURVEY,
ABSTRACT NO. 1681, THE J. BATES SURVEY, ABSTRACT NO. 1620, THE L.
SALING SURVEY, ABSTRACT NO. 1675, THE H.P. SALING SURVEY,
ABSTRACT NO. 1628, THE M.E.P. & P. RR SURVEY, ABSTRACT NO. 1476,
THE P. BARNES SURVEY, ABSTRACT NO. 79, THE B. HADGES SURVEY,
ABSTRACT NO. 593, THE A.B. JAMISON SURVEY, ABSTRACT NO. 672, THE
B.B. WALTON SURVEY, ABSTRACT NO. 1369, THE T. BUTTON SURVEY,
ABSTRACT NO. 1369, THE P.R. RUE SURVEY, ABSTRACT NO. 1555, THE J.
TETTER SURVEY, ABSTRACT NO. 1262, THE L. NETHERLY SURVEY,
ABSTRACT NO. 962, THE B. RUE SURVEY, ABSTRACT NO. 1113, THE A.
ROBERTS SURVEY, ABSTRACT NO. 1115, THE R. YATES SURVEY,
ABSTRACT NO. 1538, THE L. RUE SURVEY, ABSTRACT 1110, THE H. RUE
SURVEY, ABSTRACT NO. 1111, AND THE J. MORTON SURVEY, ABSTRACT
NO. 793, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS,
HERETOFORE ZONED PLANNED DEVELOPMENT-40 (PD-40) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-40 (PD-40); 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 and Ordinance No. 08-030 should
be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Tellus
Group, LLC, ("Applicant") to rezone 2,125.651 acres of land, more or less, situated in the C. Smith
Survey, Abstract No. 1681, The J. Bates Survey, Abstract No. 1620, The L. Saling Survey,
Abstract No. 1675, The H.P. Saling Survey, Abstract No. 1628, The M.E.P. & P. RR Survey,
Abstract No. 1476, The P. Barnes Survey, Abstract No. 79, The B. Hadges Survey, Abstract No.
593, The A.B. Jamison Survey, Abstract No. 672, The B.B. Walton Survey, Abstract No. 1369,
The T. Button Survey, Abstract No. 1369, The P.R. Rue Survey, Abstract No. 1555, The J. Tetter
Survey, Abstract No. 1262, The L. Netherly Survey, Abstract No. 962, The B. Rue Survey,
Abstract No. 1113, The A. Roberts Survey, Abstract No. 1115, The R. Yates Survey, Abstract No.
1538, The L. Rue Survey, Abstract 1110, The H. Rue Survey, Abstract No. 1111, and The J.
Morton Survey, Abstract No. 793, 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 Incorporated. 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 and Ordinance No 08-030. Zoning
Ordinance No. 05-20 and Ordinance No. 08-030 is amended as follows: The zoning designation
of the property containing 2,125.651 acres of land, more or less, situated in the C. Smith Survey,
Abstract No. 1681, The J. Bates Survey, Abstract No. 1620, The L. Saling Survey, Abstract No.
1675, The H.P. Sailing Survey, Abstract No. 1628, The M.E.P. & P. RR Survey, Abstract No. 1476,
The P. Barnes Survey, Abstract No. 79, The B. Hadges Survey, Abstract No. 593, The A.B.
Jamison Survey, Abstract No. 672, The B.B. Walton Survey, Abstract No. 1369, The T. Button
Survey, Abstract No. 1369, The P.R. Rue Survey, Abstract No. 1555, The J. Tetter Survey,
Abstract No. 1262, The L. Netherly Survey, Abstract No. 962, The B. Rue Survey, Abstract No.
1113, The A. Roberts Survey, Abstract No. 1115, The R. Yates Survey, Abstract No. 1538, The
L. Rue Survey, Abstract 1110, The H. Rue Survey, Abstract No. 1111, and The J. Morton Survey,
Abstract No. 793, 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-40 (PD-40).
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the planned development standards,
attached hereto as Exhibit "A," which are incorporated herein for all purposes as if set forth
verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
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.
Ordinance No. 19-83, Page 2
1
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
Penalty. 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.
Ordinance No. 19-83, Page 3
DULY PASSED, APP,P,Q,VED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER,�TE&AS, tNS 12TH DAY OF NOVEMBER, 2019.
_ C)
=H•
Ray Smi h, Mayor
ATTEST: ••'• • • j 91A
.X
Robyn Ba le, Town Secr ary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-83, Page 4
Exhibit "A"
Planned Development Standards
Except as otherwise set forth in these development standards, the property shall develop
under Ordinance 08-030, as adopted by the Town Council on March 25, 2008.
2. Single -Family Residential Tract
e. Area and building regulations
a. Type A Lots
C. Minimum Yard Setbacks
i. Minimum Front Yard Setback: The minimum front yard
setback for Type A Lots shall be twenty-five (25) feet. The
minimum front yard and rear yard requirements for
staggering the front yards, as set forth in Section 9.3.F of
the Town's Zoning Ordinance, as amended shall apply to
Type A Lots.
ii. Minimum Side Yard Setback:
(a) The minimum side yard setback for Type A Lots
shall be eight (8) feet.
(b) For courtyard homes, as defined herein, the
minimum side yard setback shall be fourteen
(14) feet for one side and two (2) feet for the
other side yard. Windows on the 2' side of the
courtyard home will not be allowed unless they
are opaque or consist of glass block.
(c) For corner lots, the minimum side yard setback
shall
be fifteen (15) feet. }� � I' �
(d) F tit ke� , the Rimi u setbaGk�all
be twenty_five (25) feet
iii. Minimum Rear Yard Setback:
(a) The minimum rear yard setback shall be twenty-
five (25) feet.
(b) For Courtyard Homes, as defined herein, the
minimum rear yard setback is ten (10) feet for a
maximum number of lots not to exceed seventy-
five (75) Type A lots.
iv. Permitted Encroachment. Architectural features and
porches may encroach into the required front and rear
yards up to five (5) feet. Swing -in garages may encroach
into required front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front fagade of the
main structure, but may not encroach into the required
front yard.
Ordinance No. 19-83, Page 5
b. Type B Lots
C. Minimum Yard Setbacks
i. Minimum Front Yard Setback: The minimum front yard
setback for Type B Lots shall be twenty-five (25) feet. The
minimum front yard and rear yard requirements for
staggering the front yards, as set forth in Section 9.3.F of
the Town's Zoning Ordinance, as amended shall apply to
Type B Lots.
ii. Minimum Side Yard Setback. -
(a) The minimum side yard setback for Type B Lots
shall be eight (8) feet.
(b) For courtyard homes, as defined herein, the
minimum side yard setback shall be fourteen
(14) feet for one side and two (2) feet for the
other side yard. Windows on the 2' side of the
courtyard home will not be allowed unless they
are opaque or consist of glass block.
(c) For corner lots, the minimum side yard setback
shall be fifteen (15) feet.
(d) Fer keyln+c,he minima im cidp qaGk shall
be t Monty five 25\ foot �"'77�^`T�' �
iii. Minimum Rear Yard Setback:
(a) The minimum rear yard setback shall be twenty-
five (25) feet.
(b) For Courtyard Homes, as defined herein, the
minimum rear yard setback is ten (10) feet for a
maximum number of lots not to exceed on
hundred and ten (110) Type B lots.
iv. Permitted Encroachment. Architectural features and
porches may encroach into the required front and rear
yards up to five (5) feet. Swing -in garages may encroach
into required front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front fagade of the
main structure, but may not encroach into the required
front yard.
c. Type C Lots
C. Minimum Yard Setbacks
i. Minimum Front Yard Setback: The minimum front Yard
setback for Type C Lots shall be twenty-five (25) feet. The
minimum front yard and rear yard requirements for
staggering the front yards, as set forth in Section 9.3.F of
the Town's Zoning Ordinance, as amended shall apply to
Type C Lots.
ii. Minimum Side Yard Setback:
Ordinance No. 19-83, Page 6
(a)
The minimum side yard setback for Type C Lots
shall be eight (8) feet.
(b)
For courtyard homes, as defined herein, the
minimum side yard setback shall be fourteen
(14) feet for one side and two (2) feet for the
other side yard. Windows on the 2' side of the
courtyard home will not be allowed unless they
are opaque or consist of glass block.
(c)
For corner lots, the minimum side yard setback
(d)
shall be fifteen (15) feet.
For keylots +he minims m ciiie shall
ya Fd setba Gk
he twenty five (25) fee+
v
iii. Minimum Rear Yard Setback:
(a)
The minimum rear yard setback shall be twenty-
five (25) feet.
(b)
For Courtyard Homes, as defined herein, the
minimum rear yard setback is ten (10) feet for a
maximum number of lots not to exceed on
hundred and ten (110) Type C lots.
iv. Permitted
Encroachment. Architectural features and
porches may encroach into the required front and rear
yards up to five (5) feet. Swing -in garages may encroach
into required front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front fagade of the
main structure, but may not encroach into the required
front yard.
d. Type D Lots
C. Minimum Yard Setbacks
Minimum Front Yard Setback: The minimum front yard
setback for Type D Lots shall be twenty-five (25) feet. The
minimum front yard and rear yard requirements for
staggering the front yards, as set forth in Section 9.3.F of
the Town's Zoning Ordinance, as amended shall apply to
Type D Lots.
ii. Minimum Sideyard Setback:
(a) The minimum sideyard setback for Type D Lots
shall be eight (8) feet.
(b) For corner lots, the minimum sideyard setback
shall be fifteen (15) feet.
(G) €er keyl^ots,, the { }inirY,irm rr le„�yaruse ank shah
he tweRty fide (25) feet.
iii. Minimum Rear Yard Setback:
(a) The minimum rear yard setback shall be twenty-
five (25) feet.
Ordinance No. 19-83, Page 7
iv. Permitted Encroachment. Architectural features and
porches may encroach into the required front and rear
yards up to five (5) feet. Swing -in garages may encroach
into required front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front fagade of the
main structure, but may not encroach into the required
front yard.
Ordinance No. 19-83, Page 8