15-06 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-06
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 56.45 ACRES, MORE OR LESS, SITUATED IN THE C. SMITH SURVEY,
ABSTRACT NO. 1681 AND THE J. BATES SURVEY, ABSTRACT NO. 1620,
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 TVG,
Texas I, LLC. ("Applicant") to rezone 56.45 acres of land, more or less, situated in the C. Smith
Survey, Abstract No. 1681 and the J. Bates Survey, Abstract No. 1620, 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 Incoroorated. 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 below -described property containing 56.45 acres of land, more or less, situated in the C.
Smith Survey, Abstract No. 1681 and the J. Bates Survey, Abstract No. 1620, 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 property as a whole and the boundaries for each zoning classification are more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth
verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as
Exhibit "C"; 3) the concept plan, attached hereto as Exhibit "D"; 4) the development schedule,
attached hereto as Exhibit "E"; 5) the conceptual elevations, attached hereto as Exhibit "F", and
6) the illustrative tree plan, attached hereto as Exhibit "G", which are incorporated herein for all
purposes as if set forth verbatim. Except as amended by this Ordinance, the development of
the Property within this Planned Development District must comply with the requirements of all
ordinances, rules, and regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time -to -time be
made of the official zoning district map.
Written notice of any amendment to this 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
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 ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Ordinance No. 15-06, Page 2
SECTION 6
Severabilitv. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings r)ealinci Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF JANUARY, 2015.
ATTE$
Robyn Ba tle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Weldh, Town Attorney
u ,
Ray math, Aal yor'
�, y
Ordinance No. 15-06, Page 3
1\
WMNNYJ lam
"I
\
EXHIBIT "B"
Statement of Intent and Purim
The purpose of this PD Amendment is to specify additional standards for the
development and construction of townhomes in the Windsong Ranch community over
and above the standards that are currently in place. By proposing more stringent
standards than the current PD -40 allows, Windsong Ranch intends to maintain and
potentially improve the standard of quality set by the current community and provide
more opportunity for an age -diversified community.
EXHIBIT C
Except as otherwise set forth in these development standards, the property, as
described in Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town
Council on March 25, 2008.
C. Townhouse Uses: Townhouse units shall be allowed within the mixed use area
or single family area as a buffer between non-residential and single family
development. A maximum of three hundred (300) townhouse units shall be
allowed. Townhouse units constructed in Single Family Residential Tract do not
count against the maximum lot count of 3,500 single family lots. If portions of the
designated mixed-use area are developed with townhouse residential housing
types, they shall be developed in accordance with the following criteria:
A. Required Parkinq: Parking requirements for townhouse
development shall be two spaces per one -bedroom unit, two
spaces per two-bedroom unit, two and one-half spaces per three-
bedroom unit and one-half space per each additional bedroom per
unit. Two (2) enclosed parking spaces per unit will be provided as
part of the townhouse unit configuration. Enclosed parking will
consist of an attached or detached garage or parking structure
screened from public view.
B. Exterior Facade Buildinq Materials; All buildings within a
townhouse development shall have an exterior finish of stone,
stucco, brick, tile, concrete, glass or similar materials or any
combination thereof. The use of cementitious fiber board as a
primary exterior building material shall be limited to a maximum of
fifteen percent of the total exterior wall surfaces. All exterior
finishes of buildings within a townhouse development shall have a
minimum of ten percent (10%) stone accents.
C. Controlled Access: All townhouse developments that contain
limited gated access shall locate all gate controls, card pads and
intercom boxes in driveway islands in a manner that provides a
minimum of one hundred (100) feet of stacking distance from the
gate. Such driveway islands shall also contain a break that allows
for vehicular u -turn movements back onto a public street.
D. Development Pattern: Lots may front common areas (mews) and
collector roadways, generally in accordance with Exhibit D.
Common area and collector roadway frontage locations shall be
designated as part of the preliminary site plan approval by the
Town. Standards shall be as follows:
Minimum front yard setback: Ten feet (10')
A minimum five foot (5') wide common mews sidewalk
shall be provided within 20 feet of the front of the
townhomes in order to provide pedestrian access to
the front of each townhome. A minimum four foot (4')
wide individual sidewalk shall connect from each
townhome front door to the common mews sidewalk.
iii. Each townhome shall have two (2) cast stone address
plates, one (1) at the front of the townhome near the
front door, and one (1) at the rear of the townhome
visible from the alley. An additional cast stone
address plate shall be placed at each end of the
common area mews to help in case of emergency
and as a general aid to directions.
E. Buildinq Elevations: The buildings shall substantially conform to
the building elevations, as show on Exhibit F.
F. Landscapinq: Generally in accordance with Exhibit G, a minimum
of one hundred fifty (150) shade trees, minimum 4" caliper at the
time of planting shall be provided with the development. A
minimum of two hundred (200) ornamental trees, shall be provided
with the development; the size and species of the ornamental trees
shall be determined at site plan approval. The timing of installation
of shade trees and ornamental trees will be phased according to
completion of the buildings within the applicable lot. The location,
type and number of these plantings (subject to the minimum
quantities listed above) will be adjusted as necessary (subject to
Town staff review and approval) to coordinate road and utility
infrastructure conditions and other unforeseen circumstances.
Townhouse Uses for any townhomes built in the 56.445 acre area described in
Exhibit "A" (the "TVG Townhome Tract") will be required to follow the standards
listed below:
d. Residential development standards: Development within the TVG Townhome
Tract shall be in accordance with the following table:
Development Requirement
Max. Gross Density
Min. Lot Area
Min. Lot Width
Min. Lot Depth
Min. Front Setback
Min. Rear Setback
Min. Side Setback (interior lot)
Min. Side Setback:
(corner lot facing street)
(corner lot facing alley)
(corner lot facing open
space)
Min. Building Separation
Residential Product Type
Townhouse
8.0 du/ac
1,500 sq. ft.
25'
60'
7'
20' for garage/driveway; 10' for main
building; 7' (from property line)
0'
15'
10'
7'
Twenty feet (20'), which may be
reduced to no less than ten feet (10')
when sideyard patios exist at either one
or both ends of adjacent buildings.
Max. Building Encroachment End of building patios may encroach up
to seven feet (7') into the designated
sideyard, and may have a trellis and/or
decorative metal fence.
Max. Lot Coverage 80%
Min. Floor Area / Dwelling Unit 1,200 sq. ft.
Max. Building Height / No. of 48'/ 3
stories'
Min. Open Space20%
................. ...
Note: The maximum height of any building within 60 feet of a property
line with a single family residential use shall be 36 feet or 2 stories.
................................
60 1'
521;tl
xym rsi.j
�� C � {��11IIII• � ��. a» � "d �'.,,",G p MI,u �� {I}r � � Ylp a wR� >'q.,.w d.., ' ,�'m� e `m.�� ,
17, '1
T
GA
uYI,
IPAwM,
t"A
J", x, ". a "��' „ �' ''� r"+°'^� '„P�. "�I �.^ M1���f��° °P°"�Y� w �RY�plF J�, ' d' e �+�
1 fT M'I r,
gp
...... ......
Lo,
Q,
x
A�7
4
X^,
EXHIBIT "E"
DEVELOPMENT SCHEDULE
Townhome Section — Phases 2C-1, 2C-2 and 2C-3
56.445 Acres out of PD -40
West side of Teel Parkway, north of US Highway 380
Phase 2C-1:
Begin Excavation: March 2015
Begin Utilities: May 2015
Begin Paving: August 2015
Town Acceptance of Public Improvements: November 2015
Subsequent phases (2C-2 and 2C-3) to be constructed as market conditions warrant.
This schedule is subject to change due to various factors beyond the control of
developer.
EXHIBIT "F"
Illustrative Elevations and Plans for Townhomes built in TVG Townhome Tract within
Windsono Manch, Town of Prosper, Texas
The illustrations that are included with this Exhibit F are for the purpose of illustrative
example only and do not constitute exact renderings or plans of the buildings and items
depicted.
i-
W("
R=
H-±-f±J
Em
C-�
j.
e�
.
H
.I�
H
dI�
.1
R
1
P
=-i
__ �IT.:'� q: ..........:....... N �w
EXHIBIT "W
ILLUSTRATIVE TREE PLAN
v
-jl tillt, I
w
RL UUM
,11*111.11,11, IM 9 7
Z17fl
Z z
r Umm"flumt nuilic I' M!
WIM NG RANCH MA% 11(R I'IAN
16 L4 31 F.11, RAM